Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Final Results of Antidumping Duty Administrative Review; 2015-2016, 57715-57717 [2017-26380]
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Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices
analysis required by the Court and the
specific facts of this case.6
On July 7, 2016, the CIT again
remanded the Department’s selection of
the Philippines as a surrogate country.7
Per the Court’s instructions, the
Department reconsidered its surrogate
country selection and, under protest,
selected Ukraine as the primary
surrogate country.8 The calculations
performed with the new surrogate
values resulted in a weighted-average
dumping margin of $2.19 per kilogram
for Xinboda. Since the Department
recalculated a margin for Xinboda with
a new surrogate country and new
surrogate values, we updated Golden
Bird’s separate AFA rate to reflect
Xinboda’s highest-transaction specific
margin using the new surrogate values.
Accordingly, Golden Bird was assigned
an updated AFA rate of $2.76 per
kilogram.
On September 19, 2017, the CIT
sustained the Department’s Second
Remand Results with respect to the
eighteenth administrative review of the
AD order on fresh garlic from China.9
Timken Notice
In its decision in Timken,10 as
clarified by Diamond Sawblades,11 the
Court of Appeals for the Federal Circuit
held that, pursuant to section 516A(e) of
the Tariff Act of 1930, as amended (the
Act), the Department must publish a
notice of a court decision that is not ‘‘in
harmony’’ with a Department
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
September 19, 2017, final judgment
sustaining the Second Remand Results
constitutes a final decision of the Court
that is not in harmony with the
Department’s Final Results.12 This
notice is published in fulfillment of the
Timken publication requirements.
6 Id.
at 6–11.
Fresh Garlic Producers Association v.
United States, 180 F. Supp. 3d 1233 (CIT 2016).
8 See Memorandum to The File, ‘‘Final Results of
Redetermination Pursuant to Remand: Fresh Garlic
from the People’s Republic of China, Fresh Garlic
Producers Association, et al., v. United States, U.S.
Court of International Trade, Consol. Ct. No. 14–
00180, Slip Op. 16–68,’’ (January 10, 2017) (Second
Remand Results).
9 See Fresh Garlic Producers Association v.
United States, CIT Slip Op. 17–127, Consol. Ct. No.
14–00180 (September 19, 2017) (Slip Op. 17–127).
10 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
11 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
12 See Final Results.
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7 See
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Results with respect to the dumping
margins calculated for Xinboda and
Golden Bird. Based on the Second
Remand Results, as affirmed by the CIT,
the revised dumping margin for
Xinboda, from November 1, 2011,
through October 31, 2012, is $2.19 per
kilogram. The separate AFA rate for
Golden Bird from November 1, 2011,
through October 31, 2012, is $2.76 per
kilogram.
Because the CIT’s ruling was not
appealed, it represents a final and
conclusive court decision, and
accordingly the Department will
instruct Customs and Border Protection
(CBP) to assess antidumping duties on
unliquidated entries of subject
merchandise based on the revised
dumping margins summarized above.
(NSSMC). The period of review (POR) is
May 1, 2015, through April 30, 2016. As
a result of our analysis of the comments
and information received, these final
results differ from the preliminary
results of review. For the final weightedaverage dumping margin, see the ‘‘Final
Results of Review’’ section, below.
Further, we continue to find that
NSSMC had no reviewable shipments of
subject merchandise during the POR.
DATES: Applicable December 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Madeline Heeren, 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) 482–9179.
SUPPLEMENTARY INFORMATION:
Cash Deposit Requirements
The Department will not update the
cash deposit requirements for Golden
Bird and Xinboda as they each have
later-determined rates from subsequent
administrative reviews.
Background
On June 6, 2017, the Department
published the Preliminary Results.1 A
summary of the events that occurred
since the Department published these
results, as well as a full discussion of
the issues raised by parties for these
final results, may be found in the Issues
and Decision Memorandum, which is
hereby adopted by this notice.2
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: December 4, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–26384 Filed 12–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–869]
Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan:
Final Results of Antidumping Duty
Administrative Review; 2015–2016
Amended Final Results
Because there is now a final court
decision, we are amending the Final
57715
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2017, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results of the
administrative review of the
antidumping duty order on diffusionannealed, nickel-plated flat-rolled steel
products (nickel-plated, flat-rolled steel)
from Japan. The review covers two
producers/exporters of the subject
merchandise, Toyo Kohan Co., Ltd
(Toyo Kohan) and Nippon Steel &
Sumitomo Metals Corporation
AGENCY:
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Fmt 4703
Sfmt 4703
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
1 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Preliminary
Results of Antidumping Duty Administrative
Review, Preliminary Determination of No
Shipments; 2015–2016, 82 FR 26046 (June 6, 2017)
(Preliminary Results) and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan; 2015–2016,’’
dated concurrently with and hereby adopted by this
notice (Issues and Decision Memorandum).
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07DEN1
57716
Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices
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.
Final Determination of No Shipments
In the Preliminary Results, the
Department determined that NSSMC
had no shipments during the POR.3
Following publication of the
Preliminary Results, we received no
comments from interested parties
regarding this determination. As a
result, and because the record contains
no evidence to the contrary, we find that
NSSMC made no shipments during the
POR. Accordingly, consistent with the
Department’s practice, we intend to
instruct U.S. Customs and Border
Protection (CBP) to liquidate any
existing entries of merchandise
produced by NSSMC, but exported by
other parties without their own rate, at
the all-others rate.4
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.
A list of the issues raised by parties 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 it 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
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
sradovich on DSK3GMQ082PROD with NOTICES
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
3 See Preliminary Results, 82 FR at 26047, and
accompanying Preliminary Decision Memorandum,
at 2–3.
4 See, e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989, 56990 (September 17, 2010).
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18:50 Dec 06, 2017
Jkt 244001
parties, we made certain changes to the
margin calculations for Toyo Kohan. For
a discussion of these changes, see Issues
and Decision Memorandum.
Final Results of the Review
The final weighted-average dumping
margins are as follows for the period
May 1, 2015, through April 30, 2016:
Producer or exporter
Toyo Kohan Co., Ltd ................
Weightedaverage
dumping
margin
(percent)
1.59
Disclosure
We will disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
Duty Assessment
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries covered by this
review pursuant to section 751(a)(2)(C)
of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.212(b).
For Toyo Kohan, because its
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent), the Department has calculated
importer-specific ad valorem duty
assessment rates. We calculated
importer-specific ad valorem
antidumping duty rates by aggregating
the total amount of dumping calculated
for the importer’s examined sales and
dividing each of these amounts by the
total entered value associated with those
sales. We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review where an
importer-specific assessment is above de
minimis. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
importer-specific assessment rate is zero
or de minimis.
As noted in the ‘‘Final Determinaton
of No Shipments’’ section, above, the
Department will instruct CBP to
liquidate any existing entries of
merchandise produced by NSSMC but
exported by other parties, at the rate for
the intermediate reseller, if available, or
at the all-others rate.5 We intend to issue
assessment instructions directly to CBP
5 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003)
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Frm 00014
Fmt 4703
Sfmt 4703
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 Act:
(1) The cash deposit rate for Toyo
Kohan will be the rate established in the
final results of this administrative
review; (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;
(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.6
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
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
entries during the period of review.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties did occur and the
subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
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
6 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Antidumping
Duty Order, 79 FR 30816, 30817 (May 29, 2014)
(Order).
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Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices
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 1, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of the Issues
Comment 1: Classification of EP Sales as
CEP Sales
Comment 2: Using Lower of Cost Method
or Market Rule for Overrun Production
Costs
Comment 3: The Department Should
Correct Certain Clerical Errors in its
Preliminary Results
VI. Recommendation
[FR Doc. 2017–26380 Filed 12–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Notice of Court
Decision Not in Harmony With Final
Results of Administrative Review and
Notice of Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 19, 2017, the
United States Court of International
Trade (the CIT) entered final judgment
sustaining the Department of
Commerce’s (the Department) remand
results pertaining to 19th antidumping
duty administrative review of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(PRC) for Hebei Golden Trading Co.,
Ltd. (Golden Bird) and Shenzhen
Xinboda Industrial Co., Ltd. (Xinboda),
and certain non-examined separate rate
companies. The Department is notifying
the public that the final judgment in this
case is not in harmony with the final
results and partial rescission of the 19th
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AGENCY:
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Jkt 244001
antidumping duty administrative
review, and that the Department has
assigned Xinboda and other nonexamined separate rate companies
Jinxiang Richfar Fruits & Vegetables Co,
Ltd. (Jinxiang Richfar); Qingdao Lianghe
International Trade Co., Ltd. (Qingdao
Lianghe); Shandong Chenhe
International Trading Co., Ltd.
(Shandong Chenhe); and Weifang
Hongqiao International Logistics Co.,
Ltd. (Weifang Hongqiao) a dumping
margin of $2.19 per kilogram.
DATES: Applicable September 29, 2017.
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–5484.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 2015, the Department
published the Final Results pertaining
to mandatory respondents Golden Bird
and Jinxiang Hejia Co., Ltd. (Hejia),
along with other exporters, including
non-examined separate rate companies
Xinboda, Jinxiang Richfar, Qingdao
Lianghe, Shandong Chenhe, and
Weifang Hongqiao.1 The period of
review (POR) is November 1, 2012,
through October 31, 2013. In the Final
Results, the Department relied on total
adverse facts available (AFA) with
respect to Golden Bird and Hejia, and
found Golden Bird and Hejia to be part
of the PRC-wide entity.2 The
Department assigned a rate of $1.82 per
kilogram for Xinboda and the other nonexamined separate rate companies.3
On July 27, 2016, the CIT remanded
for the Department to consider evidence
on the record concerning Golden Bird’s
independence from government control
to determine whether the company is
entitled to separate rate status.4 The
Court ordered the Department to select
a separate rate for the non-examined
companies ‘‘by either employing a
different reasonable method to calculate
the separate rate, such as reopening the
record to examine new mandatory
respondents, reopening the record to
1 See Fresh Garlic from the People’s Republic of
China: Final Results and Partial Rescission of the
19th Antidumping Duty Administrative Review;
2012–2013, 80 FR 34141 (June 15, 2015) (Final
Results), and accompanying Issues and Decision
Memorandum (IDM).
2 See IDM.
3 Id.
4 See Shenzhen Xinboda Industrial Co., Ltd., et
al., v. United States, CIT Slip Op. 16–74, Consol.
Ct. No. 15–00179 (July 27, 2016) (Garlic 19
Remand) at 30.
PO 00000
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Fmt 4703
Sfmt 4703
57717
collect information from which to
calculate a reliable separate rate, or if it
results in a non-punitive rate for
separate respondents, adjusting the
separate rate assigned based on the
results of remand pursuant to {Fresh
Garlic Producers Association v. United
States, 180 F. Supp. 3d 1233 (CIT 2016),
arising out of the eighteenth
administrative review of the AD order
on fresh garlic from the PRC (FGPA
II)}.’’ 5
On April 28, 2017, the Department
filed the Final Remand Results,
continuing to find Golden Bird
ineligible for a separate rate.6 For nonexamined separate companies, the
Department determined that it would
establish their rate by applying the
updated separate rate determined in the
remand of the 18th administrative
review, pursuant to FGPA II.7
On July 17, 2017, the CIT sustained
the Department’s Final Remand Results
as to Golden Bird.8 On September 19,
2017, the CIT sustained the
Department’s Final Remand Results as
to the separate rate applied to nonexamined companies.9 Thus, the
calculations performed with the new
surrogate values resulted in a weightedaverage dumping margin of $2.19 per
kilogram and was assigned to Xinboda,
Jinxiang Richfar, Qingdao Lianghe,
Shandong Chenhe, and Weifang
Hongqiao.
Timken Notice
In its decision in Timken,10 as
clarified by Diamond Sawblades,11 the
Court of Appeals for the Federal Circuit
held that, pursuant to section 516A(e) of
the Tariff Act of 1930, as amended (the
Act), the Department must publish a
notice of a court decision that is not ‘‘in
harmony’’ with a Department
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
September 19, 2017, final judgment
sustaining the Final Remand Results
5 Id.
at 30–31.
Memorandum to The File, ‘‘Final Results of
Redetermination Pursuant to Remand: Fresh Garlic
from the People’s Republic of China, Shenzhen
Xinboda Industrial Co., Ltd., et al. v. United States,
U.S. Court of International Trade, Consol. Ct. No.
15–00179, Slip Op. 16–74’’ (April 28, 2016).
7 Id.
8 See Hebei Golden Bird Trading Co., Ltd., et al.,
v. United States, CIT Slip Op. 17–86, Ct. No. 15–
00182 (July 17, 2017).
9 See Fresh Garlic Producers Association, et al.,
v. United States, CIT Slip Op. 17–127, Consol. Ct.
No. 14–00180 (September 19, 2017) (Slip Op. 17–
127).
10 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
11 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
6 See
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]]>Agencies
[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57715-57717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26380]
-----------------------------------------------------------------------
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; 2015-
2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2017, the Department of Commerce (the Department)
published in the Federal Register the preliminary results of the
administrative review of the antidumping duty order on diffusion-
annealed, nickel-plated flat-rolled steel products (nickel-plated,
flat-rolled steel) from Japan. The review covers two producers/
exporters of the subject merchandise, Toyo Kohan Co., Ltd (Toyo Kohan)
and Nippon Steel & Sumitomo Metals Corporation (NSSMC). The period of
review (POR) is May 1, 2015, through April 30, 2016. As a result of our
analysis of the comments and information received, these final results
differ from the preliminary results of review. For the final weighted-
average dumping margin, see the ``Final Results of Review'' section,
below. Further, we continue to find that NSSMC had no reviewable
shipments of subject merchandise during the POR.
DATES: Applicable December 7, 2017.
FOR FURTHER INFORMATION CONTACT: Madeline Heeren, 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) 482-9179.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2017, the Department published the Preliminary
Results.\1\ A summary of the events that occurred since the Department
published these results, as well as a full discussion of the issues
raised by parties for these final results, may be found in the Issues
and Decision Memorandum, which is hereby adopted by this notice.\2\
---------------------------------------------------------------------------
\1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Determination of No Shipments;
2015-2016, 82 FR 26046 (June 6, 2017) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan; 2015-2016,'' dated concurrently with and hereby
adopted by this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
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
[[Page 57716]]
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.
Final Determination of No Shipments
In the Preliminary Results, the Department determined that NSSMC
had no shipments during the POR.\3\ Following publication of the
Preliminary Results, we received no comments from interested parties
regarding this determination. As a result, and because the record
contains no evidence to the contrary, we find that NSSMC made no
shipments during the POR. Accordingly, consistent with the Department's
practice, we intend to instruct U.S. Customs and Border Protection
(CBP) to liquidate any existing entries of merchandise produced by
NSSMC, but exported by other parties without their own rate, at the
all-others rate.\4\
---------------------------------------------------------------------------
\3\ See Preliminary Results, 82 FR at 26047, and accompanying
Preliminary Decision Memorandum, at 2-3.
\4\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989, 56990 (September 17, 2010).
---------------------------------------------------------------------------
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. A list of the issues raised by parties 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 it 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 Issues and Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made certain changes to the margin calculations
for Toyo Kohan. For a discussion of these changes, see Issues and
Decision Memorandum.
Final Results of the Review
The final weighted-average dumping margins are as follows for the
period May 1, 2015, through April 30, 2016:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Toyo Kohan Co., Ltd........................................ 1.59
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Disclosure
We will disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice,
in accordance with 19 CFR 351.224(b).
Duty Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review pursuant to
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.212(b).
For Toyo Kohan, because its weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent), the Department has
calculated importer-specific ad valorem duty assessment rates. We
calculated importer-specific ad valorem antidumping duty rates by
aggregating the total amount of dumping calculated for the importer's
examined sales and dividing each of these amounts by the total entered
value associated with those sales. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
where an importer-specific assessment is above de minimis. Pursuant to
19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard
to antidumping duties any entries for which the importer-specific
assessment rate is zero or de minimis.
As noted in the ``Final Determinaton of No Shipments'' section,
above, the Department will instruct CBP to liquidate any existing
entries of merchandise produced by NSSMC but exported by other parties,
at the rate for the intermediate reseller, if available, or at the all-
others rate.\5\ We intend to issue assessment instructions directly to
CBP 15 days after publication of the final results of this review.
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\5\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003)
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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 Act: (1) The cash deposit rate for Toyo Kohan will be the rate
established in the final results of this administrative review; (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;
(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.\6\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\6\ 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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Notification to Importers
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 entries during the period of review. Failure to comply with
this requirement could result in the Department's presumption that
reimbursement of antidumping duties did occur and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
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
[[Page 57717]]
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 1, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of the Issues
Comment 1: Classification of EP Sales as CEP Sales
Comment 2: Using Lower of Cost Method or Market Rule for Overrun
Production Costs
Comment 3: The Department Should Correct Certain Clerical Errors
in its Preliminary Results
VI. Recommendation
[FR Doc. 2017-26380 Filed 12-6-17; 8:45 am]
BILLING CODE 3510-DS-P
