Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 69371-69373 [2013-27577]

Download as PDF Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Notices TKELLEY on DSK3SPTVN1PROD with NOTICES presentation on potential recommendations. The full Committee will review the work of each subcommittee and develop a plan for finalizing initial recommendations to be presented to the Department of Commerce at a later date. A limited amount of time, from 3:00 p.m.–3:30 p.m., will be available for pertinent brief oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments will be limited to five minutes per person. Individuals wishing to reserve speaking time during the meeting must contact Mr. Mulholland and submit a brief statement of the general nature of the comments, as well as the name and address of the proposed participant by 5:00 p.m. EST on Wednesday, November 27, 2013. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, the International Trade Administration may conduct a lottery to determine the speakers. Speakers are requested to bring at least 20 copies of their oral comments for distribution to the participants and public at the meeting. Any member of the public may submit pertinent written comments concerning the RE&EEAC’s affairs at any time before or after the meeting. Comments may be submitted to the Renewable Energy and Energy Efficiency Advisory Committee, c/o: Ryan Mulholland, Office of Energy and Environmental Industries, U.S. Department of Commerce, Mail Stop: 4053, 1401 Constitution Avenue NW., Washington, DC 20230. To be considered during the meeting, written comments must be received no later than 5:00 p.m. EST on Wednesday, November 27, 2013, to ensure transmission to the Committee prior to the meeting. Comments received after that date will be distributed to the members but may not be considered at the meeting. Copies of RE&EEAC meeting minutes will be available within 30 days of the meeting. Edward A. O’Malley, Director, Office of Energy and Environmental Industries. [FR Doc. 2013–27588 Filed 11–18–13; 8:45 am] BILLING CODE 3510–DR–P VerDate Mar<15>2010 17:21 Nov 18, 2013 Jkt 232001 DEPARTMENT OF COMMERCE International Trade Administration [A–588–869] Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that diffusion-annealed, nickel-plated flat-rolled steel products (certain nickel-plated, flat-rolled steel) from Japan are being, or are likely to be, sold in the United States at less than fair value, as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The estimated weighted-average dumping margins are listed in the ‘‘Preliminary Determination’’ section of this notice. Interested parties are invited to comment on this preliminary determination. Pursuant to requests from interested parties, we are postponing for 60 days the final determination and extending provisional measures from a four-month period to not more than six months. Accordingly, we intend to make our final determination not later than 135 days after publication of this preliminary determination in the Federal Register. DATES: Effective Date: November 19, 2013. FOR FURTHER INFORMATION CONTACT: Dena Crossland or David Cordell, AD/ CVD Operations, Office 6, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3362 or (202) 482– 0408, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Scope of the Investigation The diffusion-annealed, nickel-plated flat-rolled steel products included in this investigation are flat-rolled, coldreduced 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 investigation, ‘‘nickel-based alloys’’ include all nickel PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 69371 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 investigation 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 investigation is dispositive.1 Tolling of Deadlines for Preliminary Determination As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.2 Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. If the new deadline falls on a non-business day, in accordance with the Department’s practice, the deadline will become the next business day. The revised deadline for the preliminary determination of this investigation is now November 8, 2013. Methodology The Department has conducted this investigation in accordance with section 731 of the Act. Export prices have been calculated in accordance with section 772 of the Act. Normal value has been calculated in accordance with section 773 of the Act. Because one of the selected mandatory respondents, Nippon Steel & Sumitomo Metal Corporation, failed to respond to the Department’s questionnaire, we have preliminarily determined to apply adverse facts available to this respondent. For a full description of the methodology underlying our conclusions, see Decision Memorandum for Preliminary Determination of the Antidumping Duty Investigation of Diffusion-Annealed, Nickel-Plated Flat1 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan: Initiation of Antidumping Duty Investigation, 78 FR 23905 (April 23, 2013). 2 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). E:\FR\FM\19NON1.SGM 19NON1 69372 Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Notices Rolled Steel Products from Japan’’ (Preliminary Decision Memorandum) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with this notice 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 (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central Records Unit, room 7046 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 http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Determination The preliminary weighted-average dumping margins are as follows: Producer or exporter Weighted-Average dumping margin (percent) Toyo Kohan Co., Ltd. ................................................................................................................................................ Nippon Steel & Sumitomo Metal Corporation ........................................................................................................... All Others ................................................................................................................................................................... 47.80 77.70 47.80 TKELLEY on DSK3SPTVN1PROD with NOTICES Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of certain nickel-plated, flat-rolled steel from Japan, as described in the ‘‘Scope of the Investigation’’ section, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit 3 equal to the preliminary weighted-average amount by which normal value exceeds U.S. price, as indicated in the chart above, as follows: (1) the rate for Toyo Kohan Co., Ltd. (Toyo Kohan) and Nippon Steel & Sumitomo Metal Corporation will be the rate we have determined in this preliminary determination; (2) if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise; (3) the rate for all other producers or exporters will be 47.80 percent, as discussed in the ‘‘All Others Rate’’ section, below. These suspension of liquidation instructions will remain in effect until further notice. All Others Rate Section 735(c)(5)(A) of the Act provides that the estimated ‘‘all others’’ rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any 3 See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). VerDate Mar<15>2010 17:21 Nov 18, 2013 Jkt 232001 margins determined entirely under section 776 of the Act. Toyo Kohan is the only respondent in this investigation for which the Department calculated a company-specific margin that is not zero, de minimis, or determined entirely under section 776 of the Act. Therefore, pursuant to section 735(c)(5)(A) of the Act, we are applying the dumping margin calculated for Toyo Kohan, 47.80 percent, as the ‘‘all others’’ rate. Disclosure The Department intends to disclose to parties the calculations performed in connection with this preliminary determination within five days of the date of publication of this notice. See 19 CFR 351.224(b). Public Comment Interested parties are invited to comment on the preliminary determination. Interested parties may submit case briefs to the Department no later than seven days after the date of the issuance of the last verification report in this proceeding. See 19 CFR 351.309(c)(1)(i). 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. See 19 CFR 351.309(d)(1) and 19 CFR 351.309(d)(2). A list of authorities used, a table of contents, and an executive summary of issues should accompany any briefs submitted to the Department. See 19 CFR 351.309(c)(2). Executive summaries should be limited to five pages total, including footnotes. Interested parties who wish to comment on the preliminary determination must file briefs electronically using IA ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time. In accordance with section 774 of the Act, the Department will hold a public hearing, if timely requested, to afford interested parties an opportunity to comment on arguments raised in case or rebuttal briefs, provided that such a hearing is requested by an interested party. See also 19 CFR 351.310. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using IA ACCESS, as noted above. An electronically filed request must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice. See 19 CFR 351.310(c). Requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. See 19 CFR 351.310(c). If a request for a hearing is made, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. See 19 CFR 351.310. Parties should confirm by telephone the date, time, and location of the hearing. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such E:\FR\FM\19NON1.SGM 19NON1 Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Notices TKELLEY on DSK3SPTVN1PROD with NOTICES postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. The Department’s regulations, at 19 CFR 351.210(e)(2), require that requests by respondents for postponement of a final determination be accompanied by a request for extension of provisional measures from a four-month period to not more than six months. On October 28, 2013, Toyo Kohan requested that in the event of an affirmative preliminary determination in this investigation, the Department postpone its final determination by 60 days (135 days after publication of the preliminary determination), and agreed to extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a six-month period.4 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting producer/ exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination until no later than 135 days after the publication of this notice in the Federal Register. Suspension of liquidation will be extended accordingly. We are also extending the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2) from a four-month period to a six-month period. U.S. International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we will notify the ITC of our preliminary affirmative determination of sales at less than fair value. Because the preliminary determination in this proceeding is affirmative, section 735(b)(2) of the Act requires that the ITC make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of certain nickelplated, flat-rolled steel from Japan before the later of 120 days after the date of this preliminary determination or 45 days after our final determination. Because we are postponing the deadline for our final determination to 135 days from the date of the publication of this 4 See Letter from Toyo Kohan to the Department, dated October 28, 2013 and Letter from Petitioner dated October 29, 2013. VerDate Mar<15>2010 17:21 Nov 18, 2013 Jkt 232001 preliminary determination, as discussed above, the ITC will make its final determination no later than 45 days after our final determination. This determination is issued and published pursuant to sections 733(f) and 777(i)(1) of the Act. Dated: November 8, 2013. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 2. Scope of the Investigation 3. Respondent Selection 4. Discussion of Methodology a. Fair Value Comparisons b. Product Comparisons c. Date of Sale d. Determination of Comparison Method e. Results of the DP Analysis f. Export Price g. Normal Value h. Level of Trade i. Affiliated Party Transactions and Arm’s Length Test j. Cost of Production k. Test of Comparison Prices l. Results of COP Test m. Calculation of Normal Value based on Comparison Market Prices n. Price to CV Comparison o. Constructed Value p. Currency Conversion 5. Application of Facts Available and Adverse Inferences 6. Recommendation [FR Doc. 2013–27577 Filed 11–18–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Board of Overseers of the Malcolm Baldrige National Quality Award National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of open meeting. AGENCY: The Board of Overseers of the Malcolm Baldrige National Quality Award (Board) will meet in open session on Monday, December 9, 2013. The purpose of this meeting is to review and discuss the work of the private sector contractor, which assists the Director of the National Institute of Standards and Technology (NIST) in administering the Malcolm Baldrige National Quality Award (Award), and information received from NIST and from the Chair of the Judges’ Panel of the Malcolm Baldrige National Quality SUMMARY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 69373 Award in order to make such suggestions for the improvement of the Award process as the Board deems necessary. DATES: The meeting will be held on Monday, December 9, 2013 from 8:30 a.m. Eastern Time until 3:00 p.m. Eastern Time. The meeting will be open to the public. ADDRESSES: The meeting will be held at the National Institute of Standards and Technology, 100 Bureau Drive, Gaithersburg, Maryland 20899. Please note admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice. FOR FURTHER INFORMATION CONTACT: Robert Fangmeyer, Acting Director, Baldrige Performance Excellence Program, National Institute of Standards and Technology, 100 Bureau Drive, Mail Stop 1020, Gaithersburg, Maryland 20899–1020, telephone number (301) 975–2360, or by email at robert.fangmeyer@nist.gov. SUPPLEMENTARY INFORMATION: Authority: 15 U.S.C. 3711a(d)(2)(B) and the Federal Advisory Committee Act, as amended, 5 U.S.C. App. Pursuant to the Federal Advisory Committee Act, as amended, 5 U.S.C. App., notice is hereby given that the Board will meet in open session on Monday, December 9, 2013 from 8:30 a.m. Eastern Time until 3:00 p.m. Eastern Time. The Board is composed of 12 members selected for their preeminence in the field of organizational performance excellence and appointed by the Secretary of Commerce. The Board consists of a balanced representation from U.S. service, manufacturing, nonprofit, education, and health care industries. The Board includes members familiar with the quality improvement operations and competitiveness issues of manufacturing companies, service companies, small businesses, health care providers, and educational institutions. Members are also chosen who have broad experience in for-profit and nonprofit areas. The purpose of this meeting is to review and discuss the work of the private sector contractor, which assists the Director of the National Institute of Standards and Technology (NIST) in administering the Award, and information received from NIST and from the Chair of the Judges’ Panel of the Malcolm Baldrige National Quality Award in order to make such suggestions for the improvement of the Award process as the Board deems necessary. The Board shall make an annual report on the results of Award activities to the Director of NIST, along E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Notices]
[Pages 69371-69373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27577]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-869]


Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From 
Japan: Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that diffusion-annealed, nickel-plated flat-rolled steel 
products (certain nickel-plated, flat-rolled steel) from Japan are 
being, or are likely to be, sold in the United States at less than fair 
value, as provided in section 733(b) of the Tariff Act of 1930, as 
amended (the Act). The estimated weighted-average dumping margins are 
listed in the ``Preliminary Determination'' section of this notice. 
Interested parties are invited to comment on this preliminary 
determination.
    Pursuant to requests from interested parties, we are postponing for 
60 days the final determination and extending provisional measures from 
a four-month period to not more than six months. Accordingly, we intend 
to make our final determination not later than 135 days after 
publication of this preliminary determination in the Federal Register.

DATES: Effective Date: November 19, 2013.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or David Cordell, AD/
CVD Operations, Office 6, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3362 or (202) 482-0408, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

    The diffusion-annealed, nickel-plated flat-rolled steel products 
included in this investigation 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 investigation, ``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 investigation 
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 
investigation is dispositive.\1\
---------------------------------------------------------------------------

    \1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products From Japan: Initiation of Antidumping Duty Investigation, 
78 FR 23905 (April 23, 2013).
---------------------------------------------------------------------------

Tolling of Deadlines for Preliminary Determination

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\2\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. The revised deadline for the preliminary determination of 
this investigation is now November 8, 2013.
---------------------------------------------------------------------------

    \2\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
---------------------------------------------------------------------------

Methodology

    The Department has conducted this investigation in accordance with 
section 731 of the Act. Export prices have been calculated in 
accordance with section 772 of the Act. Normal value has been 
calculated in accordance with section 773 of the Act. Because one of 
the selected mandatory respondents, Nippon Steel & Sumitomo Metal 
Corporation, failed to respond to the Department's questionnaire, we 
have preliminarily determined to apply adverse facts available to this 
respondent.
    For a full description of the methodology underlying our 
conclusions, see Decision Memorandum for Preliminary Determination of 
the Antidumping Duty Investigation of Diffusion-Annealed, Nickel-Plated 
Flat-

[[Page 69372]]

Rolled Steel Products from Japan'' (Preliminary Decision Memorandum) 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, dated concurrently with this notice 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 (IA ACCESS). IA ACCESS is available to registered users 
at http://iaaccess.trade.gov, and is available to all parties in the 
Central Records Unit, room 7046 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 http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Determination

    The preliminary weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                              Weighted-Average dumping
           Producer or exporter                   margin (percent)
------------------------------------------------------------------------
Toyo Kohan Co., Ltd......................                         47.80
Nippon Steel & Sumitomo Metal Corporation                         77.70
All Others...............................                         47.80
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of certain nickel-plated, flat-rolled steel from Japan, as 
described in the ``Scope of the Investigation'' section, entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to 
require a cash deposit \3\ equal to the preliminary weighted-average 
amount by which normal value exceeds U.S. price, as indicated in the 
chart above, as follows: (1) the rate for Toyo Kohan Co., Ltd. (Toyo 
Kohan) and Nippon Steel & Sumitomo Metal Corporation will be the rate 
we have determined in this preliminary determination; (2) if the 
exporter is not a firm identified in this investigation but the 
producer is, the rate will be the rate established for the producer of 
the subject merchandise; (3) the rate for all other producers or 
exporters will be 47.80 percent, as discussed in the ``All Others 
Rate'' section, below. These suspension of liquidation instructions 
will remain in effect until further notice.
---------------------------------------------------------------------------

    \3\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and any margins determined entirely under section 776 
of the Act. Toyo Kohan is the only respondent in this investigation for 
which the Department calculated a company-specific margin that is not 
zero, de minimis, or determined entirely under section 776 of the Act. 
Therefore, pursuant to section 735(c)(5)(A) of the Act, we are applying 
the dumping margin calculated for Toyo Kohan, 47.80 percent, as the 
``all others'' rate.

Disclosure

    The Department intends to disclose to parties the calculations 
performed in connection with this preliminary determination within five 
days of the date of publication of this notice. See 19 CFR 351.224(b).

Public Comment

    Interested parties are invited to comment on the preliminary 
determination. Interested parties may submit case briefs to the 
Department no later than seven days after the date of the issuance of 
the last verification report in this proceeding. See 19 CFR 
351.309(c)(1)(i). 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. See 19 CFR 
351.309(d)(1) and 19 CFR 351.309(d)(2). A list of authorities used, a 
table of contents, and an executive summary of issues should accompany 
any briefs submitted to the Department. See 19 CFR 351.309(c)(2). 
Executive summaries should be limited to five pages total, including 
footnotes. Interested parties who wish to comment on the preliminary 
determination must file briefs electronically using IA ACCESS. An 
electronically filed document must be received successfully in its 
entirety by the Department's electronic records system, IA ACCESS, by 5 
p.m. Eastern Standard Time.
    In accordance with section 774 of the Act, the Department will hold 
a public hearing, if timely requested, to afford interested parties an 
opportunity to comment on arguments raised in case or rebuttal briefs, 
provided that such a hearing is requested by an interested party. See 
also 19 CFR 351.310. Interested parties who wish to request a hearing, 
or to participate if one is requested, must submit a written request to 
the Assistant Secretary for Enforcement and Compliance, U.S. Department 
of Commerce, filed electronically using IA ACCESS, as noted above. An 
electronically filed request must be received successfully in its 
entirety by the Department's electronic records system, IA ACCESS, by 5 
p.m. Eastern Standard Time within 30 days after the date of publication 
of this notice. See 19 CFR 351.310(c). Requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. See 19 CFR 351.310(c). If a request for a hearing is 
made, we will inform parties of the scheduled date for the hearing 
which will be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230. See 19 CFR 351.310. 
Parties should confirm by telephone the date, time, and location of the 
hearing.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such

[[Page 69373]]

postponement is made by exporters who account for a significant 
proportion of exports of the subject merchandise, or in the event of a 
negative preliminary determination, a request for such postponement is 
made by the petitioner. The Department's regulations, at 19 CFR 
351.210(e)(2), require that requests by respondents for postponement of 
a final determination be accompanied by a request for extension of 
provisional measures from a four-month period to not more than six 
months.
    On October 28, 2013, Toyo Kohan requested that in the event of an 
affirmative preliminary determination in this investigation, the 
Department postpone its final determination by 60 days (135 days after 
publication of the preliminary determination), and agreed to extend the 
application of the provisional measures prescribed under section 733(d) 
of the Act and 19 CFR 351.210(e)(2), from a four-month period to a six-
month period.\4\ In accordance with section 735(a)(2)(A) of the Act and 
19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is 
affirmative; (2) the requesting producer/exporter accounts for a 
significant proportion of exports of the subject merchandise; and (3) 
no compelling reasons for denial exist, we are postponing the final 
determination until no later than 135 days after the publication of 
this notice in the Federal Register. Suspension of liquidation will be 
extended accordingly. We are also extending the application of the 
provisional measures prescribed under section 733(d) of the Act and 19 
CFR 351.210(e)(2) from a four-month period to a six-month period.
---------------------------------------------------------------------------

    \4\ See Letter from Toyo Kohan to the Department, dated October 
28, 2013 and Letter from Petitioner dated October 29, 2013.
---------------------------------------------------------------------------

U.S. International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our preliminary affirmative determination of sales at less than 
fair value. Because the preliminary determination in this proceeding is 
affirmative, section 735(b)(2) of the Act requires that the ITC make 
its final determination as to whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports of certain nickel-plated, flat-rolled 
steel from Japan before the later of 120 days after the date of this 
preliminary determination or 45 days after our final determination. 
Because we are postponing the deadline for our final determination to 
135 days from the date of the publication of this preliminary 
determination, as discussed above, the ITC will make its final 
determination no later than 45 days after our final determination.
    This determination is issued and published pursuant to sections 
733(f) and 777(i)(1) of the Act.

    Dated: November 8, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of the Investigation
3. Respondent Selection
4. Discussion of Methodology
    a. Fair Value Comparisons
    b. Product Comparisons
    c. Date of Sale
    d. Determination of Comparison Method
    e. Results of the DP Analysis
    f. Export Price
    g. Normal Value
    h. Level of Trade
    i. Affiliated Party Transactions and Arm's Length Test
    j. Cost of Production
    k. Test of Comparison Prices
    l. Results of COP Test
    m. Calculation of Normal Value based on Comparison Market Prices
    n. Price to CV Comparison
    o. Constructed Value
    p. Currency Conversion
5. Application of Facts Available and Adverse Inferences
6. Recommendation

[FR Doc. 2013-27577 Filed 11-18-13; 8:45 am]
BILLING CODE 3510-DS-P