Certain Hot-Rolled Steel Flat Products From Japan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017-2018, 68402-68405 [2019-27043]
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68402
Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
States of America. (Secretariat File
Number: MEX–USA–2015–1904–01).
On November 29, 2019, a
NAFTA Binational Panel issued its
Decision in the matter of the Review of
the Final Determination of Antidumping
Duties imposed on imports of
ammonium sulphate from the United
States of America (Final Determination).
The Binational Panel remanded the
Final Determination by Mexico’s
Investigating Authority, Secretaria de
Economia (Economia), and ordered
Economia to issue a redetermination
within 90 days.
FOR FURTHER INFORMATION CONTACT: Paul
E. Morris, United States Secretary,
NAFTA Secretariat, Room 2061, 1401
Constitution Avenue NW, Washington,
DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of Article 1904 of NAFTA provides
a dispute settlement mechanism
involving trade remedy determinations
issued by the Government of the United
States, the Government of Canada, and
the Government of Mexico. Following a
Request for Panel Review, a Binational
Panel is composed to provide judicial
review of the trade remedy
determination being challenged and
then issue a binding Panel Decision.
The NAFTA Binational Panel Decision
is available publicly at https://
www.nafta-sec-alena.org/Home/
Dispute-Settlement/Decisions-andReports. There are established NAFTA
Rules of Procedure for Article 1904
Binational Panel Reviews and the
NAFTA Panel Decision has been
notified in accordance with Rule 70. For
the complete Rules, please see https://
www.nafta-sec-alena.org/Home/Textsof-the-Agreement/Rules-of-Procedure/
Article-1904.
SUMMARY:
Dated: December 6, 2019.
Paul E. Morris,
U.S. Secretary, NAFTA Secretariat.
[FR Doc. 2019–26966 Filed 12–13–19; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
International Trade Administration
lotter on DSKBCFDHB2PROD with NOTICES
Proposed Information Collection;
Comment Request; Request for DutyFree Entry of Scientific Instrument or
Apparatus
International Trade
Administration.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
SUMMARY:
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respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
this information collection, as required
by the Paperwork Reduction Act of
1995.
Written comments must be
submitted on or before February 14,
2020.
DATES:
Direct all written comments
to Towanda Carey, ITA Paperwork
Clearance Officer, Department of
Commerce, OCFAO, 14th and
Constitution Avenue NW, Washington,
DC 20230 (or via the internet at
PRAcomments@doc.gov). Comments
will generally be posted without change.
Please do not include information of a
confidential nature, such as sensitive
personal information or proprietary
information. All Personally Identifiable
Information (for example, name and
address) voluntarily submitted may be
publicly accessible.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Dianne Hanshaw,
Enforcement and Compliance (E&C),
phone number 202–482–1661, or via the
internet at Dianne.Hanshaw@trade.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Abstract
The Departments of Commerce and
Homeland Security (‘‘DHS’’) are
required to determine whether nonprofit
institutions established for scientific or
educational purposes are entitled to
duty-free entry for scientific instruments
the institutions import under the
Florence Agreement. Form ITA–338P
enables: (1) DHS to determine whether
the statutory eligibility requirements for
the institution and the instrument are
fulfilled, and (2) Commerce to make a
comparison and finding as to the
scientific equivalency of comparable
instruments being manufactured in the
United States. Without the collection of
the information, DHS and Commerce
would not have the necessary
information to carry out the
responsibilities of determining
eligibility for duty-free entry assigned
by law.
II. Method of Collection
A copy of Form ITA–338P is provided
on and downloadable from a website at
https://enforcement.trade.gov/sips/
sipsform/ita-338p.pdf or the potential
applicant may request a copy from the
Department. The applicant completes
the form and then forwards it via mail
to DHS.
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Upon acceptance by DHS as a valid
application, the application is
transmitted to Commerce for further
processing.
III. Data
OMB Control Number: 0625–0037.
Form Number(s): ITA–338P.
Type of Review: Regular submission.
Affected Public: State or local
government; Federal agencies; not forprofit institutions.
Estimated Number of Respondents:
65.
Estimated Time per Response: 2
hours.
Estimated Total Annual Burden
Hours: 130.
Estimated Total Annual Cost to
Public: $2,138.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2019–27000 Filed 12–13–19; 8:45 am]
BILLING CODE 3510–DS–P
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; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
AGENCY:
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
that Nippon Steel Corporation (NSC)
and Tokyo Steel Manufacturing Co., Ltd.
(Tokyo Steel), producers and exporters
of hot-rolled steel flat products (hotrolled steel) from Japan, did not sell
subject merchandise in the United
States at prices below normal value
during the period of review (POR)
October 1, 2017 through September 30,
2018. In addition, Commerce
preliminarily determines that Honda
Trading Canada, Inc. (Honda) had no
shipments during the POR. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable December 16, 2019.
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:
lotter on DSKBCFDHB2PROD with NOTICES
Background
Commerce is conducting an
administrative review of the
antidumping duty order on hot-rolled
steel from Japan in accordance with
section 751(a)(1)(B) of Tariff Act of
1930, as amended (the Act).1 Commerce
initiated this administrative review on
December 11, 2018 covering 25
producers and/or exporters.2 We
selected NSC and Tokyo Steel as
mandatory respondents.3 On January 28,
2019, Commerce exercised its discretion
to toll all deadlines affected by the
partial federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.4 On July 29, 2019, we extended
the deadline for the preliminary results
of this review until November 8, 2019.5
1 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) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
63615 (December 11, 2018).
3 See Memorandum, ‘‘Respondent Selection for
the 2017–2018 Antidumping Duty Administrative
Review of Certain Hot-Rolled Steel Flat Products
from Japan,’’ dated March 11, 2019.
4 See Memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019. All deadlines in this
segment of the proceeding have been extended by
40 days.
5 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from Japan: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review—2017–2018,’’ dated July
29, 2019.
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On October 22, 2019, we extended the
deadline for the preliminary results of
this review until December 10, 2019.6
For a detailed description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.7
Scope of the Order
The merchandise covered by the order
is hot-rolled steel from Japan. For a
complete description of the scope of the
order, see the Preliminary Decision
Memorandum.8
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a) of the Act.
Constructed export price and export
price were calculated in accordance
with section 772 of the Act. Normal
value is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum. A
list of topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
Access to ACCESS is available to
registered users at https://
access.trade.gov and is available to all
parties in the Central Records Unit,
Room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Determination of No
Shipments
Among the companies under review,
Honda properly filed a statement
6 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from Japan: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review—2017–2018,’’ dated
October 22, 2019.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Certain Hot-Rolled Steel
Flat Products from Japan; 2017–2018,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
8 Id.
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68403
reporting that it had made no shipments
of subject merchandise to the United
States during the POR. Commerce
issued an instruction to the U.S.
Customs and Border Protection (CBP)
asking for any entry activity regarding
Honda, and is awaiting CBP’s response.9
Based on the certification submitted by
Honda and our analysis of CBP
information on the record, we
preliminarily determine that Honda had
no shipments during the POR.10
Consistent with its practice, Commerce
finds that it is not appropriate to
preliminarily rescind the review with
respect to Honda, but rather to complete
the review and issue appropriate
instructions to CBP based on the final
results of this review.
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, we have preliminarily
calculated weighted-average dumping
margins for NSC and Tokyo Steel that
are zero. Accordingly, we have
preliminarily assigned to the companies
not individually examined a margin of
0.00 percent.
Preliminary Results
We preliminarily determine the
following weighted-average dumping
margins for the period October 1, 2017
through September 30, 2018:
9 See No Shipment Inquiry to CBP, dated
December 9, 2019.
10 See Honda’s Letter, ‘‘Administrative Review of
Certain Hot-Rolled Steel Flat Products from Japan:
Honda Trading Canada, Inc.’s No Shipment
Certification,’’ dated December 20, 2018.
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
Exporter/producer
Weighted-average
dumping margin
(percent)
Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./Nippon Steel Trading Corporation 11 ...............................................
Tokyo Steel Manufacturing Co., Ltd ............................................................................................................................................
Hanwa Co., Ltd ............................................................................................................................................................................
Higuchi Manufacturing America, LLC ..........................................................................................................................................
Higuchi Seisakusho Co., Ltd .......................................................................................................................................................
Hitachi Metals, Ltd .......................................................................................................................................................................
JFE Steel Corporation/JFE Shoji Trade Corporation 12 ..............................................................................................................
JFE Shoji Trade America ............................................................................................................................................................
JFE Shoji Trade Corporation .......................................................................................................................................................
Kanematsu Corporation ...............................................................................................................................................................
Kobe Steel, Ltd ............................................................................................................................................................................
Metal One Corporation ................................................................................................................................................................
Mitsui & Co., Ltd ..........................................................................................................................................................................
Miyama Industry Co., Ltd ............................................................................................................................................................
Nakagawa Special Steel Inc ........................................................................................................................................................
Nippon Steel & Sumikin Logistics Co., Ltd .................................................................................................................................
Okaya & Co. Ltd ..........................................................................................................................................................................
Panasonic Corporation ................................................................................................................................................................
Saint-Gobain K.K .........................................................................................................................................................................
Shinsho Corporation ....................................................................................................................................................................
Sumitomo Corporation .................................................................................................................................................................
Suzukaku Corporation .................................................................................................................................................................
Toyota Tsusho Corporation Nagoya ...........................................................................................................................................
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
lotter on DSKBCFDHB2PROD with NOTICES
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries. For any individually examined
respondent whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in
the final results of this review and the
respondent reported reliable entered
values, we will calculate importerspecific ad valorem assessment rates for
the merchandise based on the ratio of
the total amount of dumping calculated
for the examined sales made during the
POR to each importer and the total
entered value of those same sales, in
accordance with 19 CFR 351.212(b)(1).
If the respondent has not reported
11 In a recently completed changed circumstances
review, we found that NSC, Nippon Steel Nisshin
Co., Ltd. (Nippon Nisshin), and Nippon Steel
Trading Corporation (NSTC) are affiliated
companies that should be treated as a single entity
and as the successor-in-interest to Nippon Steel &
Sumitomo Metal Corporation (NSSMC), Nisshin
Steel Co., Ltd. (Nisshin Steel), and Nippon Steel &
Sumikin Bussan Corporation (NSSBC), respectively.
See Certain Hot-Rolled Steel Flat Products from
Japan: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 84 FR 46713
(September 5, 2019). In the absence of record
information indicating that Commerce should
reevaluate this determination, we are treating these
companies as a single entity for purposes of this
administrative review.
12 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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reliable entered values, we will
calculate a per-unit assessment rate for
each importer by dividing the total
amount of dumping calculated for the
examined sales made to that importer by
the total sales quantity associated with
those transactions. Where an importerspecific ad valorem assessment rate is
zero or de minimis in the final results
of review, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties in
accordance with 19 CFR 351.106(c)(2). If
a respondent’s weighted-average
dumping margin is zero or de minimis
in the final results of review, we will
instruct CBP not to assess duties on any
of its entries in accordance with the
Final Modification for Reviews, i.e.,
‘‘{w}here the weighted-average margin
of dumping for the exporter is
determined to be zero or de minimis, no
antidumping duties will be assessed.’’ 13
For entries of subject merchandise
during the POR produced by NSC and
Tokyo Steel for which the producer did
not know its merchandise was destined
for the United States, or for any
respondent for which we have a final
determination of no shipments, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company (or
13 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
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companies) involved in the
transaction.14
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 upon publication of the
notice of final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, 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, then 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
14 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
manufacturers or exporters will
continue to be 5.58 percent, the allothers rate established in the less-thanfair-value investigation.15 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
lotter on DSKBCFDHB2PROD with NOTICES
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, the content of
which is limited to issues raised in the
case briefs, may be filed no later than
five days after the date 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 and must be served on
interested parties.19 Executive
summaries should be limited to five
pages total, including footnotes.
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
Commerce’s electronic records system,
ACCESS. An electronically filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days of the date of publication
of this notice.20 Requests should
contain: (1) The party’s name, address
and telephone number; (2) the number
of participants; and (3) a list of issues
parties intend to discuss. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
and time to be determined.21 Parties
should confirm the date, time, and
location of the hearing two days before
the scheduled date.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
15 See
Order.
19 CFR 351.309(d).
17 See 19 CFR 351.309(c)(2) and (d)(2).
18 See generally 19 CFR 351.303.
19 See 19 CFR 351.303(f).
20 See 19 CFR 351.310(c).
21 See 19 CFR 351.310(d).
16 See
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19:21 Dec 13, 2019
Jkt 250001
the issues raised in any case or rebuttal
briefs, no later than 120 days after the
date of publication of this notice, unless
extended.22
Notification to Importers
This notice serves as a preliminary
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 POR.
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.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Use of Facts Available and Adverse Facts
Available
VI. Rates for Non-Examined Companies
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019–27043 Filed 12–13–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–846, A–570–093]
Refillable Stainless Steel Kegs From
the Federal Republic of Germany and
the People’s Republic of China:
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing antidumping duty
orders on refillable stainless steel kegs
from the Federal Republic of Germany
AGENCY:
22 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
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68405
(Germany) and the People’s Republic of
China (China).
DATES: Applicable December 16, 2019.
FOR FURTHER INFORMATION CONTACT:
Michael A. Romani (Germany) and
Thomas Schauer (China), AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0189 and (202) 482–0410,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(a),
735(d), and 777(i)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(c), on October 24, 2019,
Commerce published its affirmative
final determinations in the less-thanfair-value (LTFV) investigations of
refillable stainless steel kegs from
Germany and China, including its
affirmative determination of critical
circumstances with respect to certain
imports of subject merchandise from
China.1 On December 9, 2019, the ITC
notified Commerce of its final
determinations pursuant to section
735(b)(1)(A) of the Act that an industry
in the United States is materially
retarded by reason of the LTFV imports
of refillable stainless steel kegs from
Germany and China, and its
determination that critical
circumstances do not exist with respect
to imports of subject merchandise from
China.2
Scope of the Orders
The merchandise covered by these
orders are refillable stainless steel kegs.
For a complete description of the scope
of the orders, see the appendix to this
notice.
Antidumping Duty Orders
As stated above, on December 9, 2019,
in accordance with sections 735(b)(1)(B)
and 735(d) of the Act, the ITC notified
Commerce of its final determinations in
these investigations, in which it found
that the establishment of an industry in
the United States is materially retarded
within the meaning of section
735(b)(1)(B) by reason of imports of
1 See Refillable Stainless Steel Kegs from
Germany: Final Affirmative Determination of Sales
at Less Than Fair Value, 84 FR 57008 (October 24,
2019); and Refillable Stainless Steel Kegs from the
People’s Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical
Circumstances, in Part, 84 FR 57010 (October 24,
2019) (China Final Determination).
2 See Notification Letter from the ITC dated
December 9, 2019.
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]]>Agencies
[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68402-68405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27043]
-----------------------------------------------------------------------
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; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
[[Page 68403]]
that Nippon Steel Corporation (NSC) and Tokyo Steel Manufacturing Co.,
Ltd. (Tokyo Steel), producers and exporters of hot-rolled steel flat
products (hot-rolled steel) from Japan, did not sell subject
merchandise in the United States at prices below normal value during
the period of review (POR) October 1, 2017 through September 30, 2018.
In addition, Commerce preliminarily determines that Honda Trading
Canada, Inc. (Honda) had no shipments during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 16, 2019.
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 hot-rolled steel from Japan in accordance with section
751(a)(1)(B) of Tariff Act of 1930, as amended (the Act).\1\ Commerce
initiated this administrative review on December 11, 2018 covering 25
producers and/or exporters.\2\ We selected NSC and Tokyo Steel as
mandatory respondents.\3\ On January 28, 2019, Commerce exercised its
discretion to toll all deadlines affected by the partial federal
government closure from December 22, 2018, through the resumption of
operations on January 29, 2019.\4\ On July 29, 2019, we extended the
deadline for the preliminary results of this review until November 8,
2019.\5\ On October 22, 2019, we extended the deadline for the
preliminary results of this review until December 10, 2019.\6\ For a
detailed description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\7\
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\1\ 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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 63615 (December 11, 2018).
\3\ See Memorandum, ``Respondent Selection for the 2017-2018
Antidumping Duty Administrative Review of Certain Hot-Rolled Steel
Flat Products from Japan,'' dated March 11, 2019.
\4\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
\5\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from Japan: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review--2017-2018,'' dated July 29,
2019.
\6\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from Japan: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review--2017-2018,'' dated October
22, 2019.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Certain Hot-
Rolled Steel Flat Products from Japan; 2017-2018,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is hot-rolled steel from
Japan. For a complete description of the scope of the order, see the
Preliminary Decision Memorandum.\8\
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\8\ Id.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Act. Constructed export price and export
price were calculated in accordance with section 772 of the Act. Normal
value is calculated in accordance with section 773 of the Act. For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of topics discussed in the
Preliminary Decision Memorandum is attached as an appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
Access to ACCESS is available to registered users at https://access.trade.gov and is available to all parties in the Central Records
Unit, Room B8024 of the main Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the internet at https://enforcement.trade.gov/frn/. A list
of the topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Determination of No Shipments
Among the companies under review, Honda properly filed a statement
reporting that it had made no shipments of subject merchandise to the
United States during the POR. Commerce issued an instruction to the
U.S. Customs and Border Protection (CBP) asking for any entry activity
regarding Honda, and is awaiting CBP's response.\9\ Based on the
certification submitted by Honda and our analysis of CBP information on
the record, we preliminarily determine that Honda had no shipments
during the POR.\10\ Consistent with its practice, Commerce finds that
it is not appropriate to preliminarily rescind the review with respect
to Honda, but rather to complete the review and issue appropriate
instructions to CBP based on the final results of this review.
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\9\ See No Shipment Inquiry to CBP, dated December 9, 2019.
\10\ See Honda's Letter, ``Administrative Review of Certain Hot-
Rolled Steel Flat Products from Japan: Honda Trading Canada, Inc.'s
No Shipment Certification,'' dated December 20, 2018.
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Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we have preliminarily calculated weighted-average
dumping margins for NSC and Tokyo Steel that are zero. Accordingly, we
have preliminarily assigned to the companies not individually examined
a margin of 0.00 percent.
Preliminary Results
We preliminarily determine the following weighted-average dumping
margins for the period October 1, 2017 through September 30, 2018:
[[Page 68404]]
------------------------------------------------------------------------
Weighted-average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Nippon Steel Corporation/Nippon Steel Nisshin Co., 0.00
Ltd./Nippon Steel Trading Corporation \11\........
Tokyo Steel Manufacturing Co., Ltd................. 0.00
Hanwa Co., Ltd..................................... 0.00
Higuchi Manufacturing America, LLC................. 0.00
Higuchi Seisakusho Co., Ltd........................ 0.00
Hitachi Metals, Ltd................................ 0.00
JFE Steel Corporation/JFE Shoji Trade Corporation 0.00
\12\..............................................
JFE Shoji Trade America............................ 0.00
JFE Shoji Trade Corporation........................ 0.00
Kanematsu Corporation.............................. 0.00
Kobe Steel, Ltd.................................... 0.00
Metal One Corporation.............................. 0.00
Mitsui & Co., Ltd.................................. 0.00
Miyama Industry Co., Ltd........................... 0.00
Nakagawa Special Steel Inc......................... 0.00
Nippon Steel & Sumikin Logistics Co., Ltd.......... 0.00
Okaya & Co. Ltd.................................... 0.00
Panasonic Corporation.............................. 0.00
Saint-Gobain K.K................................... 0.00
Shinsho Corporation................................ 0.00
Sumitomo Corporation............................... 0.00
Suzukaku Corporation............................... 0.00
Toyota Tsusho Corporation Nagoya................... 0.00
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Assessment Rates
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\11\ In a recently completed changed circumstances review, we
found that NSC, Nippon Steel Nisshin Co., Ltd. (Nippon Nisshin), and
Nippon Steel Trading Corporation (NSTC) are affiliated companies
that should be treated as a single entity and as the successor-in-
interest to Nippon Steel & Sumitomo Metal Corporation (NSSMC),
Nisshin Steel Co., Ltd. (Nisshin Steel), and Nippon Steel & Sumikin
Bussan Corporation (NSSBC), respectively. See Certain Hot-Rolled
Steel Flat Products from Japan: Notice of Final Results of
Antidumping Duty Changed Circumstances Review, 84 FR 46713
(September 5, 2019). In the absence of record information indicating
that Commerce should reevaluate this determination, we are treating
these companies as a single entity for purposes of this
administrative review.
\12\ 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. For any individually examined respondent whose weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review and the respondent
reported reliable entered values, we will calculate importer-specific
ad valorem assessment rates for the merchandise based on the ratio of
the total amount of dumping calculated for the examined sales made
during the POR to each importer and the total entered value of those
same sales, in accordance with 19 CFR 351.212(b)(1). If the respondent
has not reported reliable entered values, we will calculate a per-unit
assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total sales quantity associated with those transactions. Where an
importer-specific ad valorem assessment rate is zero or de minimis in
the final results of review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties in accordance
with 19 CFR 351.106(c)(2). If a respondent's weighted-average dumping
margin is zero or de minimis in the final results of review, we will
instruct CBP not to assess duties on any of its entries in accordance
with the Final Modification for Reviews, i.e., ``{w{time} here the
weighted-average margin of dumping for the exporter is determined to be
zero or de minimis, no antidumping duties will be assessed.'' \13\
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\13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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For entries of subject merchandise during the POR produced by NSC
and Tokyo Steel for which the producer did not know its merchandise was
destined for the United States, or for any respondent for which we have
a final determination of no shipments, we will instruct CBP to
liquidate unreviewed entries at the all-others rate if there is no rate
for the intermediate company (or companies) involved in the
transaction.\14\
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\14\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, 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, then 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
[[Page 68405]]
manufacturers or exporters will continue to be 5.58 percent, the all-
others rate established in the less-than-fair-value investigation.\15\
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\15\ See Order.
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice. Rebuttal briefs, the content of which is limited to
issues raised in the case briefs, may be filed no later than five days
after the date 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\ and must be served on
interested parties.\19\ Executive summaries should be limited to five
pages total, including footnotes.
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\16\ See 19 CFR 351.309(d).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
\18\ See generally 19 CFR 351.303.
\19\ See 19 CFR 351.303(f).
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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
Commerce's electronic records system, ACCESS. An electronically filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days of the date of publication of this
notice.\20\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a date and time to be determined.\21\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date.
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\20\ See 19 CFR 351.310(c).
\21\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\22\
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\22\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers
This notice serves as a preliminary 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 POR. 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Use of Facts Available and Adverse Facts Available
VI. Rates for Non-Examined Companies
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019-27043 Filed 12-13-19; 8:45 am]
BILLING CODE 3510-DS-P
