Certain Hot-Rolled Steel Flat Products From Japan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017, 56813-56815 [2018-24794]
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
purposes, the written description of the
scope of this investigation is dispositive.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
BILLING CODE 3510–DS–P
Dated: November 5, 2018.
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
Scope of the Investigation
The merchandise covered by this
investigation is welded carbon and alloy steel
pipe (including stainless steel pipe), more
than 406.4 mm (16 inches) in nominal
outside diameter (large diameter welded
pipe), regardless of wall thickness, length,
surface finish, grade, end finish, or
stenciling. Large diameter welded pipe may
be used to transport oil, gas, slurry, steam, or
other fluids, liquids, or gases. It may also be
used for structural purposes, including, but
not limited to, piling. Specifically, not
included is large diameter welded pipe
produced only to specifications of the
American Water Works Association (AWWA)
for water and sewage pipe.
Large diameter welded pipe used to
transport oil, gas, or natural gas liquids is
normally produced to the American
Petroleum Institute (API) specification 5L.
Large diameter welded pipe may also be
produced to American Society for Testing
and Materials (ASTM) standards A500, A252,
or A53, or other relevant domestic
specifications, grades and/or standards. Large
diameter welded pipe can be produced to
comparable foreign specifications, grades
and/or standards or to proprietary
specifications, grades and/or standards, or
can be non-graded material. All pipe meeting
the physical description set forth above is
covered by the scope of this investigation,
whether or not produced according to a
particular standard.
Subject merchandise also includes large
diameter welded pipe that has been further
processed in a third country, including but
not limited to coating, painting, notching,
beveling, cutting, punching, welding, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the in-scope large diameter
welded pipe.
The large diameter welded pipe that is
subject to this investigation is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings 7305.11.1030, 7305.11.1060,
7305.11.5000, 7305.12.1030, 7305.12.1060,
7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6010,
7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS subheadings
are provided for convenience and customs
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18:29 Nov 13, 2018
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[FR Doc. 2018–24806 Filed 11–13–18; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–874]
Certain Hot-Rolled Steel Flat Products
From Japan: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Nippon Steel & Sumitomo Metal
Corporation (Nippon Steel) and Tokyo
Steel Manufacturing Co., Ltd. (Tokyo
Steel), the two companies selected for
individual examination, sold subject
merchandise in the United States at
prices below normal value during the
period of review (POR). Additionally,
Commerce preliminarily determines
that three other companies for which we
initiated reviews had no shipments
during the POR. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable November 14, 2018.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Jack Zhao, 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) 482–2371 or (202) 482–1396,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on certain hotrolled steel flat products (hot-rolled
steel) from Japan. The notice of
initiation of this administrative review
was published on December 7, 2017.1
This review covers 20 producers and
exporters of the subject merchandise.
The POR is March 22, 2016, through
September 30, 2017. Commerce selected
two mandatory respondents for
individual examination: Nippon Steel
and Tokyo Steel.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
57705 (December 7, 2017).
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56813
Scope of the Order
The merchandise covered by the order
is certain hot-rolled steel flat products.
For a complete description of the scope
of the order, see the Preliminary
Decision Memorandum.2
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Export price and constructed export
price are calculated in accordance with
section 772 of the Act. NV is calculated
in accordance with section 773 of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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 is available to registered users
at https://access.trade.gov, and 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 at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as the Appendix to this notice.
Preliminary Determination of No
Shipments
Among the companies under review,
four companies, Hitachi Metals, Ltd.
(Hitachi), Honda Trading Canada, Inc.
(Honda), Mitsui & Co. Ltd. (Mitsui), and
Panasonic Corporation (Panasonic)
properly filed statements reporting that
they made no shipments of subject
merchandise to the United States during
the POR. Based on the certifications
submitted and our analysis of Customs
and Border Protection (CBP)
information, we preliminarily determine
that Hitachi, Honda, and Panasonic had
no shipments during the POR.3
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments: Certain Hot-Rolled
Steel Flat Products from Japan; 2016–2017,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
3 See Hitachi Letter, ‘‘Antidumping Duty
Administrative Review of Certain Hot-Rolled Steel
Flat Products: Hitachi No Shipment Letter,’’ dated
December 18, 2017; see also Honda Letter,
‘‘Administrative Review of Certain Hot-Rolled Steel
E:\FR\FM\14NON1.SGM
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56814
Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
Consistent with its practice, Commerce
finds that it is not appropriate to
preliminarily rescind the review with
respect to these companies but, rather,
to complete the review and issue
appropriate instructions to CBP based
on the final results of this review. We
intend to solicit more information and
comments with respect to Mitsui’s no
shipment certification.4
Preliminary Results of the Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins for
the period March 22, 2016, through
September 30, 2017:
Exporter/producer
Weighted-average dumping margin (percent)
Nippon Steel & Sumitomo Metal Corporation 5 ............................................................................
0.54.
Nisshin Steel Co., Ltd. 6 ................................................................................................................
3/22/2016 to ................
3/12/2017 ....................
1.46 7 ...........................
Tokyo Steel Manufacturing Co., Ltd .............................................................................................
3/13/2017 to
9/30/2017.
0.54. 8
7.64
Review-Specific Average Rate
Applicable to the Following
Companies: 9
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Hanwa Co., Ltd ....................................................................................................................................................................................
JFE Steel Corporation 10 .....................................................................................................................................................................
JFE Shoji Trade America ....................................................................................................................................................................
Kanematsu Corporation .......................................................................................................................................................................
Kobe Steel, Ltd. ...................................................................................................................................................................................
Mitsui & Co., Ltd. .................................................................................................................................................................................
Miyama Industry Co., Ltd. ...................................................................................................................................................................
Nippon Steel & Sumikin Logistics Co., Ltd. ........................................................................................................................................
Okaya & Co. Ltd. .................................................................................................................................................................................
Saint-Gobain KK ..................................................................................................................................................................................
Shinsho Corporation ............................................................................................................................................................................
Sumitomo Corporation .........................................................................................................................................................................
Suzukaku Corporation .........................................................................................................................................................................
Toyota Tsusho Corporation Nagoya ...................................................................................................................................................
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries.
Flat Products from Japan: Honda Trading Canada,
Inc.’s No Shipment Certification,’’ dated December
22, 2017; see also Mitsui Letter, ‘‘Antidumping
Administrative Review of Certain Hot-Rolled Steel
Flat Products: Mitsui No Shipment Notification,’’
dated January 5, 2018; see also Panasonic Letter,
‘‘Administrative Review of Certain Hot-Rolled Steel
Flat Products from Japan: Panasonic Corporation No
Shipment Certification,’’ dated January 5, 2018. See
also Public Memorandum, ‘‘Re: No shipment
inquiry with respect to the companies below during
the period 03/22/2016 through 09/30/2017,’’ dated
October 23, 2018.
4 See Business Proprietary Memorandum, ‘‘Re: No
shipment inquiry with respect to the companies
below during the period 03/22/2016 through 09/30/
2017,’’ dated October 23, 2018.
5 We collapsed Nippon Steel & Sumikin Bussan
Corporation with Nippon Steel & Sumitomo Metal
Corporation in the underlying investigation. See
Certain Hot-Rolled Steel Flat Products from Japan:
Preliminary Determination of Sales at Less than
VerDate Sep<11>2014
18:29 Nov 13, 2018
Jkt 247001
1.46
1.46
1.46
1.46
1.46
1.46
1.46
1.46
1.46
1.46
1.46
1.46
1.46
1.46
Pursuant to 19 CFR 351.212(b)(1),
where the mandatory respondents
reported the entered value for their U.S.
sales, we calculated importer-specific
ad valorem duty assessment rates based
on the ratio of the total amount of
dumping calculated for the examined
sales to the total entered value of the
sales for which entered value was
reported. Where the mandatory
respondents did not report entered
value, we calculated the entered value
Fair Value and Postponement of Final
Determination, 81 FR 15222 (March 22, 2016) and
accompanying Preliminary Decision Memorandum
at 6–7.
6 We have collapsed Nisshin Steel Co., Ltd. and
Nippon Steel & Sumitomo Metal Corporation as of
March 13, 2017. See Preliminary Decision
Memorandum at 9.
7 Entries of subject merchandise produced/
exported by Nisshin Steel Co., Ltd. made prior to
March 13, 2017 are subject to the all others rate
calculated in this administrative review. See
Memorandum re: Calculation of the ReviewSpecific Average Rate for the Preliminary Results,
dated concurrently with this notice.
8 Entries of subject merchandise produced/
exported by Nisshin Steel Co., Ltd. made on/or after
March 13, 2017 are subject to the AD rate assigned
to Nippon Steel in this administrative review.
9 This rate is based on the weighted-average
margin using the publicly-ranged sales value of
mandatory respondents, and is the best proxy of the
actual weighted-average margin determined for the
mandatory respondents. Due to requests to protect
business proprietary information, we cannot apply
our normal methodology of calculating a weightedaverage margin. See Ball Bearings and Parts Thereof
from France, et al.: Final Results of Antidumping
Duty Administrative Reviews, Final Results of
Changed-Circumstances Review, and Revocation of
an Order in Part, 75 FR 53661, 53663 (September
1, 2010); see also Memorandum re: Calculation of
the Review-Specific Average Rate for the
Preliminary Results, dated concurrently with this
notice.
10 We collapsed JFE Shoji Trade Corporation with
JFE Steel Corporation in the underlying
investigation. See Certain Hot-Rolled Steel Flat
Products from Japan: Preliminary Determination of
Sales at Less than Fair Value and Postponement of
Final Determination, 81 FR 15222 (March 22, 2016)
and accompanying Preliminary Decision
Memorandum at 8–9.
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
in order to calculate the assessment rate.
Where either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
average 11 of the cash deposit rates
calculated for the two mandatory
respondents. 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.12
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective 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 each specific
company listed above will be that
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the
underlying investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent segment for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 5.58
percent, the all-others rate established
in the underlying investigation.13 These
11 This
rate was calculated as discussed in
footnote 8, above.
12 See section 751(a)(2)(C) of the Act.
13 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
VerDate Sep<11>2014
18:29 Nov 13, 2018
Jkt 247001
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.14
Interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice.15 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
five days after the time limit for filing
case briefs.16 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.17 Case and rebuttal briefs
should be filed using ACCESS.18
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed request
for a hearing must be received
successfully in its entirety by ACCESS
by 5 p.m. Eastern Time within 30 days
after the date of publication of this
notice.19 Hearing 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 issues raised
in the briefs. If a request for a hearing
is made, parties will be notified of the
time and date for the hearing to be held
at the U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230.20
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the publication
of these preliminary results in the
Federal Register, unless otherwise
extended.21
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016).
14 See 19 CFR 351.224(b).
15 See 19 CFR 351.309(c)(1)(ii).
16 See 19 CFR 351.309(d)(1).
17 See 19 CFR 351.309(c)(2) and (d)(2).
18 See 19 CFR 351.303.
19 See 19 CFR 351.310(c); 19 CFR 351.303(b)(1).
20 See 19 CFR 351.310(c).
21 See Section 751(a)(3)(A) of the Act.
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Sfmt 9990
56815
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: November 1, 2018.
James Maeder,
Associate Deputy Assistant Secretary, for
Antidumping and Countervailing Duty
Operations, performing the duties of Deputy
Assistant Secretary, for Antidumping and
Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Preliminary Determination of No
Shipments
VI. Single Entity Analysis
VII. Use of Facts Available and Adverse Facts
Available
A. Legal Authority
B. Application of Facts Available to
Nippon Steel
C. Application of Facts Available with an
Adverse Inference
VIII. Review-Specific Average Rate for NonExamined Companies
IX. Discussion of the Methodology
A. Normal Value Comparisons
1. Determination of Comparison Method
2. Results of the Differential Pricing
Analysis
B. Date of Sale
C. Product Comparisons
D. Export Price and Constructed Export
Price
E. Normal Value
1. Home Market Viability
2. Affiliated Party Transactions and Arm’sLength Test
3. Level of Trade
4. Cost of Production Analysis
5. Calculation of Normal Value Based on
Home Market Prices
X. Currency Conversion
XI. Recommendation
[FR Doc. 2018–24794 Filed 11–13–18; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56813-56815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24794]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-874]
Certain Hot-Rolled Steel Flat Products From Japan: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Nippon Steel & Sumitomo Metal Corporation (Nippon Steel) and Tokyo
Steel Manufacturing Co., Ltd. (Tokyo Steel), the two companies selected
for individual examination, sold subject merchandise in the United
States at prices below normal value during the period of review (POR).
Additionally, Commerce preliminarily determines that three other
companies for which we initiated reviews had no shipments during the
POR. We invite interested parties to comment on these preliminary
results.
DATES: Applicable November 14, 2018.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jack Zhao, 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) 482-2371 or (202) 482-1396,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on certain hot-rolled steel flat products (hot-rolled steel)
from Japan. The notice of initiation of this administrative review was
published on December 7, 2017.\1\ This review covers 20 producers and
exporters of the subject merchandise. The POR is March 22, 2016,
through September 30, 2017. Commerce selected two mandatory respondents
for individual examination: Nippon Steel and Tokyo Steel.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 57705 (December 7, 2017).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is certain hot-rolled steel
flat products. For a complete description of the scope of the order,
see the Preliminary Decision Memorandum.\2\
---------------------------------------------------------------------------
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments: Certain Hot-Rolled Steel Flat
Products from Japan; 2016-2017,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. NV is calculated in accordance with section 773 of the
Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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 is available to
registered users at https://access.trade.gov, and 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 at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision
Memorandum are identical in content. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as the Appendix to this
notice.
Preliminary Determination of No Shipments
Among the companies under review, four companies, Hitachi Metals,
Ltd. (Hitachi), Honda Trading Canada, Inc. (Honda), Mitsui & Co. Ltd.
(Mitsui), and Panasonic Corporation (Panasonic) properly filed
statements reporting that they made no shipments of subject merchandise
to the United States during the POR. Based on the certifications
submitted and our analysis of Customs and Border Protection (CBP)
information, we preliminarily determine that Hitachi, Honda, and
Panasonic had no shipments during the POR.\3\
[[Page 56814]]
Consistent with its practice, Commerce finds that it is not appropriate
to preliminarily rescind the review with respect to these companies
but, rather, to complete the review and issue appropriate instructions
to CBP based on the final results of this review. We intend to solicit
more information and comments with respect to Mitsui's no shipment
certification.\4\
---------------------------------------------------------------------------
\3\ See Hitachi Letter, ``Antidumping Duty Administrative Review
of Certain Hot-Rolled Steel Flat Products: Hitachi No Shipment
Letter,'' dated December 18, 2017; see also Honda Letter,
``Administrative Review of Certain Hot-Rolled Steel Flat Products
from Japan: Honda Trading Canada, Inc.'s No Shipment
Certification,'' dated December 22, 2017; see also Mitsui Letter,
``Antidumping Administrative Review of Certain Hot-Rolled Steel Flat
Products: Mitsui No Shipment Notification,'' dated January 5, 2018;
see also Panasonic Letter, ``Administrative Review of Certain Hot-
Rolled Steel Flat Products from Japan: Panasonic Corporation No
Shipment Certification,'' dated January 5, 2018. See also Public
Memorandum, ``Re: No shipment inquiry with respect to the companies
below during the period 03/22/2016 through 09/30/2017,'' dated
October 23, 2018.
\4\ See Business Proprietary Memorandum, ``Re: No shipment
inquiry with respect to the companies below during the period 03/22/
2016 through 09/30/2017,'' dated October 23, 2018.
---------------------------------------------------------------------------
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period March 22,
2016, through September 30, 2017:
------------------------------------------------------------------------
------------------------------------------------------------------------
Exporter/producer Weighted-average dumping margin
(percent)
------------------------------------------------------------------------
Nippon Steel & Sumitomo Metal 0.54.
Corporation \5\.
---------------------------------------
Nisshin Steel Co., Ltd. \6\..... 3/22/2016 to...... 3/13/2017 to
3/12/2017......... 9/30/2017.
1.46 \7\.......... 0.54. \8\
---------------------------------------
Tokyo Steel Manufacturing Co., 7.64
Ltd.
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
\9\
---------------------------------------------------------------------------
\5\ We collapsed Nippon Steel & Sumikin Bussan Corporation with
Nippon Steel & Sumitomo Metal Corporation in the underlying
investigation. See Certain Hot-Rolled Steel Flat Products from
Japan: Preliminary Determination of Sales at Less than Fair Value
and Postponement of Final Determination, 81 FR 15222 (March 22,
2016) and accompanying Preliminary Decision Memorandum at 6-7.
\6\ We have collapsed Nisshin Steel Co., Ltd. and Nippon Steel &
Sumitomo Metal Corporation as of March 13, 2017. See Preliminary
Decision Memorandum at 9.
\7\ Entries of subject merchandise produced/exported by Nisshin
Steel Co., Ltd. made prior to March 13, 2017 are subject to the all
others rate calculated in this administrative review. See Memorandum
re: Calculation of the Review-Specific Average Rate for the
Preliminary Results, dated concurrently with this notice.
\8\ Entries of subject merchandise produced/exported by Nisshin
Steel Co., Ltd. made on/or after March 13, 2017 are subject to the
AD rate assigned to Nippon Steel in this administrative review.
\9\ This rate is based on the weighted-average margin using the
publicly-ranged sales value of mandatory respondents, and is the
best proxy of the actual weighted-average margin determined for the
mandatory respondents. Due to requests to protect business
proprietary information, we cannot apply our normal methodology of
calculating a weighted-average margin. See Ball Bearings and Parts
Thereof from France, et al.: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010); see also Memorandum re: Calculation of the
Review-Specific Average Rate for the Preliminary Results, dated
concurrently with this notice.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Hanwa Co., Ltd.......................................... 1.46
JFE Steel Corporation \10\.............................. 1.46
JFE Shoji Trade America................................. 1.46
Kanematsu Corporation................................... 1.46
Kobe Steel, Ltd......................................... 1.46
Mitsui & Co., Ltd....................................... 1.46
Miyama Industry Co., Ltd................................ 1.46
Nippon Steel & Sumikin Logistics Co., Ltd............... 1.46
Okaya & Co. Ltd......................................... 1.46
Saint-Gobain KK......................................... 1.46
Shinsho Corporation..................................... 1.46
Sumitomo Corporation.................................... 1.46
Suzukaku Corporation.................................... 1.46
Toyota Tsusho Corporation Nagoya........................ 1.46
------------------------------------------------------------------------
\\
Assessment Rates
---------------------------------------------------------------------------
\10\ We collapsed JFE Shoji Trade Corporation with JFE Steel
Corporation in the underlying investigation. See Certain Hot-Rolled
Steel Flat Products from Japan: Preliminary Determination of Sales
at Less than Fair Value and Postponement of Final Determination, 81
FR 15222 (March 22, 2016) and accompanying Preliminary Decision
Memorandum at 8-9.
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Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries.
Pursuant to 19 CFR 351.212(b)(1), where the mandatory respondents
reported the entered value for their U.S. sales, we calculated
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of dumping calculated for the examined sales to the
total entered value of the sales for which entered value was reported.
Where the mandatory respondents did not report entered value, we
calculated the entered value
[[Page 56815]]
in order to calculate the assessment rate. Where either the
respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average \11\ of the cash
deposit rates calculated for the two mandatory respondents. 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.\12\
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\11\ This rate was calculated as discussed in footnote 8, above.
\12\ See section 751(a)(2)(C) of the Act.
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective 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 each specific
company listed above will be that established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
investigated companies not participating in this review, the cash
deposit will continue to be the company-specific rate published for the
most recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this review,
or the underlying investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recent segment
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 5.58
percent, the all-others rate established in the underlying
investigation.\13\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\13\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016).
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\14\ Interested
parties may submit case briefs not later than 30 days after the date of
publication of this notice.\15\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than five days after
the time limit for filing case briefs.\16\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\17\ Case and rebuttal
briefs should be filed using ACCESS.\18\
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\14\ See 19 CFR 351.224(b).
\15\ See 19 CFR 351.309(c)(1)(ii).
\16\ See 19 CFR 351.309(d)(1).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
\18\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30
days after the date of publication of this notice.\19\ Hearing 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 issues
raised in the briefs. If a request for a hearing is made, parties will
be notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.\20\
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\19\ See 19 CFR 351.310(c); 19 CFR 351.303(b)(1).
\20\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register, unless otherwise
extended.\21\
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\21\ See Section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 1, 2018.
James Maeder,
Associate Deputy Assistant Secretary, for Antidumping and
Countervailing Duty Operations, performing the duties of Deputy
Assistant Secretary, for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Preliminary Determination of No Shipments
VI. Single Entity Analysis
VII. Use of Facts Available and Adverse Facts Available
A. Legal Authority
B. Application of Facts Available to Nippon Steel
C. Application of Facts Available with an Adverse Inference
VIII. Review-Specific Average Rate for Non-Examined Companies
IX. Discussion of the Methodology
A. Normal Value Comparisons
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
B. Date of Sale
C. Product Comparisons
D. Export Price and Constructed Export Price
E. Normal Value
1. Home Market Viability
2. Affiliated Party Transactions and Arm's-Length Test
3. Level of Trade
4. Cost of Production Analysis
5. Calculation of Normal Value Based on Home Market Prices
X. Currency Conversion
XI. Recommendation
[FR Doc. 2018-24794 Filed 11-13-18; 8:45 am]
BILLING CODE 3510-DS-P
