Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Results of Antidumping Duty Administrative Review; 2013-2015, 39627-39629 [2016-14070]
Download as PDF
Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices
closing period for their receipt is July
27, 2016.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact
Elizabeth Whiteman at
Elizabeth.Whiteman@trade.gov or (202)
482–0473.
Dated: June 10, 2016.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2016–14318 Filed 6–16–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement,
Article 1904, Request for Panel Review
United States Section, NAFTA
Secretariat, International Trade
Administration, Department of
Commerce.
ACTION: Notice of Request for Panel
Review.
AGENCY:
A Request for Panel Review
was filed on behalf of Selenis Canada,
Inc. with the United States Section of
the North American Free Trade
Agreement (NAFTA) Secretariat on June
6, 2016 pursuant to NAFTA Article
1904. Panel Review was requested of the
International Trade Commission’s final
determination regarding Polyethylene
Terephthalate Resin from Canada. The
final injury determination was
published in the Federal Register on
May 4, 2016 (81 FRN 26832) and the
effective antidumping order was
published in the Federal Register on
May 6, 2016 (81 FRN 27929). The
NAFTA Secretariat has assigned case
number USA–CDA–2016–1904–01 to
this request.
FOR FURTHER INFORMATION CONTACT: Paul
E. Morris, United States Secretary,
NAFTA Secretariat, Room 2061, 1401
Constitution Avenue NW., Washington,
DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of the NAFTA established a
mechanism to replace domestic judicial
review of final determinations in
antidumping and countervailing duty
cases involving imports from a NAFTA
country with review by independent
binational panels. When a Request for
sradovich on DSK3TPTVN1PROD with NOTICES
SUMMARY:
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Panel Review is filed, a panel is
established to act in place of national
courts to review expeditiously the final
determination to determine whether it
conforms to the antidumping or
countervailing duty law of the country
that made the determination.
Under NAFTA Article 1904, which
came into force on January 1, 1994, the
Government of the United States, the
Government of Canada, and the
Government of Mexico established
Rules of Procedure for Article 1904
Binational Panel Reviews (‘‘Rules’’).
These Rules were published in the
Federal Register on February 23, 1994
(59 FR 8686) and subsequently amended
on April 10, 2008 (73 FR 19458).
The Rules provide that:
(a) A Party or interested person may
challenge the final determination in
whole or in part by filing a Complaint
in accordance with Rule 39 within 30
days after the filing of the first Request
for Panel Review (the deadline for filing
a Complaint is July 6, 2016);
(b) A Party, investigating authority or
interested person that does not file a
Complaint but that intends to appear in
support of any reviewable portion of the
final determination may participate in
the panel review by filing a Notice of
Appearance in accordance with Rule 40
within 45 days after the filing of the first
Request for Panel Review (the deadline
for filing a Notice of Appearance is July
21, 2016); and
(c) The panel review shall be limited
to the allegations of error of fact or law,
including challenges to the jurisdiction
of the investigating authority, that are
set out in the Complaints filed in the
panel review and to the procedural and
substantive defenses raised in the panel
review.
Dated: June 13, 2016.
Paul E. Morri,s
United States Secretary, NAFTA Secretariat.
[FR Doc. 2016–14339 Filed 6–16–16; 8:45 am]
BILLING CODE 3510–GT–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; 2013–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
AGENCY:
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39627
administrative review of the
antidumping duty order on diffusionannealed, nickel-plated flat-rolled steel
products from Japan.1 The period of
review (POR) is November 19, 2013,
through April 30, 2015. The review
covers one producer/exporter of the
subject merchandise, Toyo Kohan Co.,
Ltd. (Toyo Kohan). We preliminarily
determine that sales of subject
merchandise by Toyo Kohan were not
made at less than normal value during
the POR. Interested parties are invited to
comment on these preliminary results.
DATES: Effective June 17, 2016.
FOR FURTHER INFORMATION CONTACT:
Dena Crossland or Brian Davis, AD/CVD
Operations, Office VI, 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–
7924, respectively.
SUPPLEMENTARY INFORMATION:
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.
Methodology
The Department is conducting this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
37588 (July 1, 2015).
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17JNN1
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Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices
amended (the Act). 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
Christian Marsh, Deputy Assistant
Secretary for AD/CVD Operations, to
Paul Piquado, Assistant Secretary for
Enforcement and Compliance, titled
‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty
Administrative Review: DiffusionAnnealed, Nickel-Plated Flat-Rolled
Steel Products from Japan; 2013–2015’’
(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 November 19, 2013, through
April 30, 2015, the following dumping
margin exists:
Manufacturer/exporter
sradovich on DSK3TPTVN1PROD with NOTICES
Toyo Kohan Co., Ltd ............
Weightedaverage
margin
(percent)
0.00
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.2 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
2 See
19 CFR 351.224(b).
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preliminary results.3 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.4
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.5
Executive summaries should be limited
to five pages total, including footnotes.
Case and rebuttal briefs should be filed
using ACCESS.6 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.7
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.8 Unless the Department
specifies otherwise, the hearing, if
requested, will be held two days after
the date for submission of rebuttal
briefs.9 Written argument and hearing
requests should be electronically
submitted to the Department via
ACCESS.10 The Department’s electronic
records system, ACCESS, must
successfully receive an electronicallyfiled 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.11 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.12
Assessment Rates
Upon completion of this
administrative review, the Department
shall determine, and Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1) and (2).
5 See 19 CFR 351.309(c)(2) and (d)(2).
6 See generally 19 CFR 351.303.
7 See 19 CFR 351.303(f).
8 See 19 CFR 351.310(c).
9 See 19 CFR 351.310(d)(1).
10 See generally 19 CFR 351.303.
11 See 19 CFR 351.310(c).
12 See section 751(a)(3)(A) of the Act; 19 CFR
351.213(h).
entries.13 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
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.’’ 14
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. The all-others rate is
45.42 percent.15 We intend to issue
liquidation instructions to CBP 15 days
after publication of the final results of
this review.
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
3 See
4 See
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Fmt 4703
Sfmt 4703
13 See
19 CFR 351.212(b)(1).
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).
15 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan: Antidumping
Duty Order, 79 FR 30816, 30817 (May 29, 2014)
(Order).
14 See
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17JNN1
Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices
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 allothers rate of 45.42 percent, which is
the all-others rate established in the
investigation.16 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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: June 6, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
sradovich on DSK3TPTVN1PROD with NOTICES
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
5. Product Comparisons
6. Date of Sale
7. Export Price
8. Normal Value
A. Home Market Viability as Comparison
Market
B. Level of Trade
C. Sales to Affiliated Customers
D. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the Cost of Production Test
E. Calculation of Normal Value Based on
Comparison Market Prices
F. Price-to-CV Comparison
G. Constructed Value
9. Currency Conversion
16 See
Order, 79 FR at 30817.
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10. Recommendation
[FR Doc. 2016–14070 Filed 6–16–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–048, C–580–888]
Countervailing Duty Investigations of
Certain Carbon and Alloy Steel Cut-toLength Plate From the People’s
Republic of China and the Republic of
Korea: Postponement of Preliminary
Determinations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 17, 2016.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer at (202) 482–9068 (the
People’s Republic of China) or John
Corrigan at (202) 482–7438 (Republic of
Korea), AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 28, 2015, the Department of
Commerce (the Department) initiated
countervailing duty (CVD)
investigations of imports of certain
carbon and alloy steel cut-to-length
plate (CTL plate) from Brazil, the
People’s Republic of China (PRC), and
the Republic of Korea (Korea).1 The
notice of initiation stated that, in
accordance with section 703(b)(l) of the
Act and 19 CFR 351.205(b)(1), we would
issue our preliminary determinations no
later than 65 days after the date of
initiation, unless postponed. Currently,
the preliminary determinations in these
investigations are due no later than July
5, 2016.2
1 See Carbon and Alloy Steel Cut-to-Length Plate
from Brazil, the People’s Republic of China, and the
Republic of Korea: Initiation of Countervailing Duty
Investigations, 81 FR 27098 (May 5, 2016). This
notice of postponement of preliminary
determinations applies to the PRC and Korea only,
as the International Trade Commission terminated
the investigation of allegedly subsidized imports of
certain carbon and alloy steel cut-to-length plate
from Brazil, pursuant to section 703(a)(1) of the
Tariff Act of 1930, as amended (the Act). See
Certain Carbon and Alloy Steel Cut-To-Length Plate
From Austria, Belgium, Brazil, China, France,
Germany, Italy, Japan, Korea, South Africa, Taiwan,
and Turkey; Determinations, 81 FR 33705 (May 27,
2016).
2 See Initiation Notice, 81 FR at 27101. We note
that the current deadline for the preliminary
determinations is July 2, 2016, which is a Saturday.
Pursuant to Department practice, the signature date
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Sfmt 4703
39629
Postponement of Preliminary
Determinations
Section 703(c)(1)(B) of the Act permits
the Department to postpone the time
limit for the preliminary determination
if it concludes that the parties
concerned are cooperating and
determines that the case is
extraordinarily complicated by reason of
the number and complexity of the
transactions to be investigated or
adjustments to be considered, the
novelty of the issues presented, the need
to determine the extent to which
particular countervailable subsidies are
used by individual companies, or the
number of firms whose activities must
be investigated, and additional time is
necessary to make the preliminary
determination. Under this section of the
Act, the Department may postpone the
preliminary determination until no later
than 130 days after the date on which
the Department initiated the
investigation.
The Department determines that the
parties involved in these CTL plate CVD
investigations are currently cooperating
and that the investigations are
extraordinarily complicated, such that
we will need more time to make the
preliminary determinations.
Specifically, the Department finds that
these investigations are both
extraordinarily complicated by reason of
the number and complexity of the
alleged countervailable subsidy
practices, and the need to determine the
extent to which particular
countervailable subsidies are used by
individual manufacturers, producers,
and exporters.
Therefore, in accordance with section
703(c)(l)(B) of the Act and 19 CFR
351.205(f)(l), the Department is
postponing the time period for the
preliminary determinations of these
investigations by 65 days, to September
6, 2016.3 Pursuant to section 705(a)(1) of
the Act and 19 CFR 351.210(b)(1), the
deadline for the final determinations
will continue to be 75 days after the
date of the preliminary determinations.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(l).
would be the next business day, which is Tuesday,
July 5, 2016. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005).
3 Id. The deadline for the postponed preliminary
determination would be September 5, 2016, i.e. not
later than 130 days after the date of initiation.
September 5, 2016 is Labor Day. Pursuant to
Department practice, the signature date will be the
next business day, which is Tuesday, September 6,
2016.
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Agencies
[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Pages 39627-39629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14070]
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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 of Antidumping Duty Administrative Review;
2013-2015
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 from Japan.\1\ The
period of review (POR) is November 19, 2013, through April 30, 2015.
The review covers one producer/exporter of the subject merchandise,
Toyo Kohan Co., Ltd. (Toyo Kohan). We preliminarily determine that
sales of subject merchandise by Toyo Kohan were not made at less than
normal value during the POR. Interested parties are invited to comment
on these preliminary results.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 37588 (July 1, 2015).
---------------------------------------------------------------------------
DATES: Effective June 17, 2016.
FOR FURTHER INFORMATION CONTACT: Dena Crossland or Brian Davis, AD/CVD
Operations, Office VI, 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) 482-7924, respectively.
SUPPLEMENTARY INFORMATION:
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.
Methodology
The Department is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
[[Page 39628]]
amended (the Act). 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 Christian Marsh,
Deputy Assistant Secretary for AD/CVD Operations, to Paul Piquado,
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
from Japan; 2013-2015'' (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 November 19, 2013,
through April 30, 2015, the following dumping margin exists:
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter average margin
(percent)
------------------------------------------------------------------------
Toyo Kohan Co., Ltd.................................... 0.00
------------------------------------------------------------------------
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.\2\ 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.\3\ 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.\4\
---------------------------------------------------------------------------
\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(c)(1)(ii).
\4\ See 19 CFR 351.309(d)(1) and (2).
---------------------------------------------------------------------------
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.\5\ Executive
summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS.\6\ 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.\7\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.309(c)(2) and (d)(2).
\6\ See generally 19 CFR 351.303.
\7\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------
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.\8\ Unless the Department specifies
otherwise, the hearing, if requested, will be held two days after the
date for submission of rebuttal briefs.\9\ Written argument and hearing
requests should be electronically submitted to the Department via
ACCESS.\10\ 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.\11\ Parties
will be notified of the time and location of the hearing.
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\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310(d)(1).
\10\ See generally 19 CFR 351.303.
\11\ 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.\12\
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\12\ 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 Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\13\ 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 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.'' \14\ 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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\13\ See 19 CFR 351.212(b)(1).
\14\ 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. The all-others rate is 45.42 percent.\15\
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
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\15\ 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
[[Page 39629]]
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.\16\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\16\ 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: June 6, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
5. Product Comparisons
6. Date of Sale
7. Export Price
8. Normal Value
A. Home Market Viability as Comparison Market
B. Level of Trade
C. Sales to Affiliated Customers
D. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the Cost of Production Test
E. Calculation of Normal Value Based on Comparison Market Prices
F. Price-to-CV Comparison
G. Constructed Value
9. Currency Conversion
10. Recommendation
[FR Doc. 2016-14070 Filed 6-16-16; 8:45 am]
BILLING CODE 3510-DS-P