Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Final Results of Antidumping Duty Administrative Review; 2013-2015, 91116-91118 [2016-30306]
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91116
Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices
a top coat; 5 and without an adhesive
backing. Certain lightweight thermal
paper is typically (but not exclusively)
used in point-of-sale applications such
as ATM receipts, credit card receipts,
gas pump receipts, and retail store
receipts. The merchandise subject to
this review may be classified in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) under
subheadings 3703.10.60, 4811.59.20,
4811.90.8040, 4811.90.9090, 4820.10.20,
4823.40.00, 4811.90.8030, 4811.90.8050,
4811.90.9030, and 4811.90.9050.6 7
Although HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of these orders is dispositive.
Final Results of Review
The Department continues to find that
Jaan Huey and Hanhong are not eligible
for a separate rate and are part of the
PRC-wide entity for the period
November 1, 2014, through October 31,
2015. Because no party requested a
review of the PRC-wide entity, and the
Department no longer considers the
PRC-wide entity as an exporter
conditionally subject to administrative
reviews, we did not conduct a review of
the PRC-wide entity and the PRC-wide
entity’s rate is not subject to change in
this administrative review.8
mstockstill on DSK3G9T082PROD with NOTICES
Assessment Rates
We will instruct U.S. Customs and
Border Protection (‘‘CBP’’) to apply an
ad valorem assessment rate of 115.29
percent (the rate applicable to the PRCwide entity) to all entries of subject
merchandise during the POR which
5 A top coat, when applied, is typically made of
polyvinyl acetone, polyvinyl alcohol, and/or like
materials and is intended to provide environmental
protection, an improved surface for press printing,
and/or wear protection for the thermal print head.
6 HTSUS subheading 4811.90.8000 was a
classification used for LWTP until January 1, 2007.
Effective that date, subheading 4811.90.8000 was
replaced with 4811.90.8020 (for gift wrap, a nonsubject product) and 4811.90.8040 (for ‘‘other’’
including LWTP). HTSUS subheading 4811.90.9000
was a classification for LWTP until July 1, 2005.
Effective that date, subheading 4811.90.9000 was
replaced with 4811.90.9010 (for tissue paper, a nonsubject product) and 4811.90.9090 (for ‘‘other,’’
including LWTP).
7 As of January 1, 2009, the International Trade
Commission deleted HTSUS subheadings
4811.90.8040 and 4811.90.9090 and added HTSUS
subheadings 4811.90.8030, 4811.90.8050,
4811.90.9030, and 4811.90.9050 to the Harmonized
Tariff Schedule of the United States (2009). See
Harmonized Tariff Schedule of the United States
(2009), available at <ww.usitc.gov>. These HTSUS
subheadings were added to the scope of the order
in LWTP’s LTFV investigation.
8 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
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18:42 Dec 15, 2016
Jkt 241001
were exported by Jaan Huey and
Hanhong. The Department intends to
issue assessment instructions to CBP 15
days after the date of publication of
these final results of review.
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i) of the Act.
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, as provided for by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for Jaan Huey and Hanhong,
as part of the PRC-wide entity, will be
the PRC-wide rate of 115.29 percent; (2)
for previously investigated or reviewed
PRC and non-PRC exporters who are not
under review in this segment of the
proceeding but who have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recent period; (3) for all PRC
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate of 115.29 percent;
and (4) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporter(s) that supplied that nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Dated: December 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
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[FR Doc. 2016–30308 Filed 12–15–16; 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:
Final Results of Antidumping Duty
Administrative Review; 2013–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 17, 2016, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on
diffusion-annealed, nickel-plated flat
rolled steel products from Japan.1 The
review covers one company, Toyo
Kohan Co., Ltd. (Toyo Kohan). The
period of review (POR) is November 19,
2013 through April 30, 2015. As a result
of our analysis of the comments and
information received, these final results
do not differ from the Preliminary
Results.
DATES: Effective December 16, 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, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3362 or (202) 482–7924,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On June 17, 2016, the Department
published the Preliminary Results. In
accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.2
We received a case brief from Thomas
Steel Strip Corporation (Petitioner) on
1 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Preliminary
Results of Antidumping Duty Administrative
Review; 2013–2015, 81 FR 39627 (June 17, 2016)
(Preliminary Results).
2 See Preliminary Results, 81 FR at 39628.
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Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices
August 1, 2016,3 and a rebuttal brief
from Toyo Kohan on August 12, 2016.4
On October 13, 2016, the Department
issued a memorandum extending the
time period for issuing the final results
of this administrative review from
October 15, 2016, to December 9, 2016.5
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. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.
mstockstill on DSK3G9T082PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum,
which is hereby adopted by this notice.6
3 See Case Brief of Thomas Steel Strip
Corporation, dated August 1, 2016 (Petitioner’s Case
Brief).
4 See Letter from Toyo Kohan to the Department
of Commerce regarding ‘‘Toyo Kohan’s Rebuttal
Brief: Diffusion-Annealed, Nickel-Plated Flat-Rolled
Steel Products from Japan,’’ dated August 12, 2016
(Toyo Kohan’s Rebuttal Brief).
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Dena
Crossland, International Trade Compliance Analyst,
Antidumping and Countervailing Duty Operations,
Office VI, through Scot Fullerton, Antidumping and
Countervailing Duty Operations, Office VI, on the
subject of ‘‘Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Extension of
Deadline for Final Results of Antidumping; 2013/
2015,’’ dated October 13, 2016.
6 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
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18:42 Dec 15, 2016
Jkt 241001
A list of the issues that parties raised
and to which we responded is attached
to this notice as an Appendix. The
Issues and Decision Memorandum is a
public document and is on-file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we have not recalculated Toyo
Kohan’s weighted-average dumping
margin for these final results.
Final Results of Review
The Department determines that, for
the period November 19, 2013, through
April 30, 2015, the weighted-average
dumping margin for Toyo Kohan Co.,
Ltd. is zero.
Duty Assessment
The Department shall determine and
U.S. Customs and Border Protection
(CBP) shall assess antidumping duties
on all appropriate entries.7 Because
Toyo Kohan’s weighted-average
dumping margin is zero for these final
results of review, we will instruct CBP
not to assess duties on any of its entries
in accordance with 19 CFR 351.212 and
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.’’ 8
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
Compliance entitled ‘‘Issues and Decision
Memorandum for the Final Results of
Administrative Review, 2013–2015: DiffusionAnnealed, Nickel-Plated Flat-Rolled Steel Products
from Japan,’’ dated concurrently with this notice
(Issues and Decision Memorandum).
7 In these final results, the Department applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
8 Id. at 8102.
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91117
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.9 We intend to issue
assessment instructions directly 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 this notice for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of these final results, as
provided by section 751(a)(2) of the
Tariff Act of 1930, as amended (Act): (1)
No cash deposit will be required for
Toyo Kohan since the rate for Toyo
Kohan in the final results of this
administrative review is zero; (2) for
merchandise exported by manufacturers
or exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which that manufacturer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the manufacturer of the subject
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 45.42
percent, the all-others rate established
in the antidumping investigation.10
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
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
9 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Antidumping
Duty Order, 79 FR 30816, 30817 (May 29, 2014)
(Order).
10 Id.
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Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices
entries during the POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
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).
Dated: December 9, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Final Issues and Decision
Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of Interested Party Comments
Comment 1: Whether Certain of Toyo
Kohan’s Home Market Transactions
Were Made Outside the Ordinary Course
of Trade and Should Be Excluded From
Analysis
Comment 2: U.S. Date of Sale
Comment 3: Whether the Costs for a
Certain Control Number Should Be
Disregarded
VI. Recommendation
[FR Doc. 2016–30306 Filed 12–15–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on DSK3G9T082PROD with NOTICES
[A–533–810]
Stainless Steel Bar From India:
Initiation of Antidumping Duty
Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is initiating a changed
AGENCY:
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18:42 Dec 15, 2016
Jkt 241001
circumstances review of the
antidumping duty order on stainless
steel bar (SSB) from India to determine
whether to reinstate the order with
`
respect to Viraj Profıles Ltd. (Viraj) and
Venus Wire Industries Pvt. Ltd. and its
affiliates Hindustan Inox, Precision
Metals and Sieves Manufacturers (India)
Pvt. Ltd. (collectively, Venus).
DATES: Effective December 16, 2016.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone
(202) 482–0410.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 1995, the Department
published the antidumping duty (AD)
order on SSB from India.1 On
September 14, 2004, the Department
conditionally revoked the Order with
respect to merchandise produced and
exported by Viraj Alloys, Ltd., Viraj
Forgings, Ltd., and Viraj Impoexpo, Ltd.
(collectively, Viraj, and now known as
Viraj Profiles Limited 2), based on a
finding of three years of no dumping.3
On September 13, 2011, the Department
conditionally revoked the Order with
respect to merchandise produced and
exported by Venus, based on a finding
of three years of no dumping.4
1 See Antidumping Duty Orders: Stainless Steel
Bar from Brazil, India, and Japan, 60 FR 9661
(February 21, 1995) (Order).
2 In July 2006, Viraj Forgings Ltd. merged with
Viraj Alloys Ltd.; in April 2007, Viraj Alloys and
Viraj Impoexpo Ltd. merged into Viraj Profiles Ltd.
See Letter from the petitioners, ‘‘Stainless Steel Bar
From India—Petitioners’ Request for Changed
Circumstances Reviews,’’ dated September 29, 2016
(CCR Request) at Exhibit GEN–1.
3 See Stainless Steel Bar From India; Final
Results, Rescission of Antidumping Duty
Administrative Review in Part, and Determination
To Revoke in Part, 69 FR 55409 (September 14,
2004) (Viraj Revocation). The regulatory provision
governing partial revocation at the time of Viraj’s
(and Venus’s) revocation was 19 CFR 353.25 (1997).
The relevant language remained substantively
unchanged when 19 CFR 353.25 was superseded by
19 CFR 351.222 in 1997. See Antidumping Duties;
Countervailing Duties: Notice of Proposed
Rulemaking and Request for Public Comments, 61
FR 7308 (February 27, 1996) (1996 Notice of
Proposed Rulemaking); see also Antidumping
Duties; Countervailing Duties; Final Rule, 62 FR
27296, 27325–26, 27399–402 (May 19, 1997)
(Preamble). The portion of 19 CFR 351.222 related
to partial revocations of orders as to specific
companies has been revoked for all reviews
initiated on or after June 20, 2012. See Modification
to Regulation Concerning the Revocation of
Antidumping and Countervailing Duty Orders:
Final Rule, 77 FR 29875 (May 21, 2012) (Revocation
Final Rule).
4 See Stainless Steel Bar from India: Final Results
of the Antidumping Duty Administrative Review,
and Revocation of the Order, in Part, 76 FR 56401
(September 13, 2011) (Venus Revocation).
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On September 29, 2016, the
petitioners 5 alleged that, since their
conditional revocation from the Order,
there is evidence that Viraj and Venus
have both resumed sales to the United
States at prices below normal value
(NV). The petitioners note that Viraj and
Venus agreed in writing to
reinstatement into the AD order if either
company were found to have resumed
dumping, and alleges that, because Viraj
and Venus violated this agreement, the
Department should initiate a changed
circumstances review (CCR) to
determine whether to reinstate Viraj and
Venus into the Order.6
In November 2016, Viraj and Venus
objected to the petitioners’ request for a
CCR.7 On November 28, 2016, the
petitioners submitted a rebuttal to
Venus’ objection to the request for a
CCR.8 Also in November 2016, the
Department extended the time period
for determining whether to initiate the
CCR by 45 days to December 28, 2016.9
In accordance with section 751(b) of
the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.216(b), and as
discussed in further detail below, the
Department finds the information
submitted by the petitioners sufficient
to warrant initiation of a CCR of the AD
order on SSB from India with respect to
Viraj and Venus. The period of review
(POR) is July 1, 2015, through June 30,
2016.
In this CCR, we intend to determine
whether Viraj or Venus sold SSB from
India at less than NV subsequent to their
revocations from the Order. If we make
an affirmative preliminarily finding, we
will direct U.S. Customs and Border
Protection to suspend liquidation of all
entries of SSB manufactured in India
and exported by the company(ies) for
which we made an affirmative finding.
Scope of the Order
The merchandise subject to the order
is stainless steel bar. Stainless steel bar
5 Carpenter Technology Corporation, Crucible
Industries LLC, Electralloy, a Division of G.O.
Carlson, Inc., North American Stainless,
Outokumpu Stainless Bar, LLC, Universal Stainless
& Alloy Products, Inc., and Valbruna Slater
Stainless, Inc. (collectively, the petitioners)
6 See CCR Request.
7 See Letter from Viraj, ‘‘Stainless Steel Bar from
India,’’ dated November 14, 2016 (Viraj Rebuttal)
and Letter from Venus, ‘‘Stainless Steel Bars
(‘‘SSB’’) from India—Response to Request for
Changed Circumstances Review,’’ dated November
4, 2016 (Venus Rebuttal).
8 See Letter from the petitioners, ‘‘Stainless Bar
from India—Petitioners’ Comments Concerning
Venus’ Rebuttal Comments to Petitioners’ Changed
Circumstances Review Request,’’ dated November
29, 2016.
9 See Memorandum, ‘‘Extension of Deadline to
Initiate Changed Circumstances Review,’’ dated
November 10, 2016.
E:\FR\FM\16DEN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91116-91118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30306]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-869]
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From
Japan: Final Results of Antidumping Duty Administrative Review; 2013-
2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 17, 2016, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on diffusion-annealed, nickel-plated flat rolled
steel products from Japan.\1\ The review covers one company, Toyo Kohan
Co., Ltd. (Toyo Kohan). The period of review (POR) is November 19, 2013
through April 30, 2015. As a result of our analysis of the comments and
information received, these final results do not differ from the
Preliminary Results.
---------------------------------------------------------------------------
\1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Preliminary Results of Antidumping Duty
Administrative Review; 2013-2015, 81 FR 39627 (June 17, 2016)
(Preliminary Results).
---------------------------------------------------------------------------
DATES: Effective December 16, 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, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-3362 or (202) 482-7924,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 17, 2016, the Department published the Preliminary Results.
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.\2\ We received a case brief from
Thomas Steel Strip Corporation (Petitioner) on
[[Page 91117]]
August 1, 2016,\3\ and a rebuttal brief from Toyo Kohan on August 12,
2016.\4\
---------------------------------------------------------------------------
\2\ See Preliminary Results, 81 FR at 39628.
\3\ See Case Brief of Thomas Steel Strip Corporation, dated
August 1, 2016 (Petitioner's Case Brief).
\4\ See Letter from Toyo Kohan to the Department of Commerce
regarding ``Toyo Kohan's Rebuttal Brief: Diffusion-Annealed, Nickel-
Plated Flat-Rolled Steel Products from Japan,'' dated August 12,
2016 (Toyo Kohan's Rebuttal Brief).
---------------------------------------------------------------------------
On October 13, 2016, the Department issued a memorandum extending
the time period for issuing the final results of this administrative
review from October 15, 2016, to December 9, 2016.\5\
---------------------------------------------------------------------------
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Dena Crossland, International Trade Compliance Analyst, Antidumping
and Countervailing Duty Operations, Office VI, through Scot
Fullerton, Antidumping and Countervailing Duty Operations, Office
VI, on the subject of ``Diffusion-Annealed, Nickel-Plated Flat-
Rolled Steel Products from Japan: Extension of Deadline for Final
Results of Antidumping; 2013/2015,'' dated October 13, 2016.
---------------------------------------------------------------------------
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. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of this order is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum, which is hereby adopted by this notice.\6\ A list of the
issues that parties raised and to which we responded is attached to
this notice as an Appendix. The Issues and Decision Memorandum is a
public document and is on-file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov and in the Central Records Unit, Room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the Internet at https://enforcement.trade.gov/frn/. The
signed Issues and Decision Memorandum and the electronic version of the
Issues and Decision Memorandum are identical in content.
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\6\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance
entitled ``Issues and Decision Memorandum for the Final Results of
Administrative Review, 2013-2015: Diffusion-Annealed, Nickel-Plated
Flat-Rolled Steel Products from Japan,'' dated concurrently with
this notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have not
recalculated Toyo Kohan's weighted-average dumping margin for these
final results.
Final Results of Review
The Department determines that, for the period November 19, 2013,
through April 30, 2015, the weighted-average dumping margin for Toyo
Kohan Co., Ltd. is zero.
Duty Assessment
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries.\7\ Because Toyo Kohan's weighted-average dumping margin is
zero for these final results of review, we will instruct CBP not to
assess duties on any of its entries in accordance with 19 CFR 351.212
and 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.'' \8\ 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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\7\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\8\ Id. at 8102.
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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.\9\
We intend to issue assessment instructions directly to CBP 15 days
after publication of the final results of this review.
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\9\ 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 this notice for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication of these final results, as provided by section 751(a)(2) of
the Tariff Act of 1930, as amended (Act): (1) No cash deposit will be
required for Toyo Kohan since the rate for Toyo Kohan in the final
results of this administrative review is zero; (2) for merchandise
exported by manufacturers or exporters not covered in this
administrative review but covered in a prior segment of the proceeding,
the cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which that manufacturer or exporter participated; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the manufacturer of the subject merchandise; and (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 45.42 percent, the all-others rate established in the
antidumping investigation.\10\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\10\ Id.
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final 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
[[Page 91118]]
entries during the POR. Failure to comply with this requirement could
result in the Department's presumption that reimbursement of
antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
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).
Dated: December 9, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Final Issues and Decision
Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of Interested Party Comments
Comment 1: Whether Certain of Toyo Kohan's Home Market
Transactions Were Made Outside the Ordinary Course of Trade and
Should Be Excluded From Analysis
Comment 2: U.S. Date of Sale
Comment 3: Whether the Costs for a Certain Control Number Should
Be Disregarded
VI. Recommendation
[FR Doc. 2016-30306 Filed 12-15-16; 8:45 am]
BILLING CODE 3510-DS-P
