Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Results of the Antidumping Duty Administrative Review; 2018-2019, 44041-44042 [2020-15728]

Download as PDF Federal Register / Vol. 85, No. 140 / Tuesday, July 21, 2020 / Notices DEPARTMENT OF COMMERCE Scope of the Order International Trade Administration The products covered by the 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 from Japan.5 Products subject to the order are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this scope is dispositive. [A–588–869] Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan: Preliminary Results of the Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that the producer/exporter subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR), May 1, 2018 through April 30, 2019. Interested parties are invited to comment on these preliminary results. DATES: Applicable July 21, 2020. FOR FURTHER INFORMATION CONTACT: Ian Hamilton or Terre Keaton Stefanova, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4798 or (202) 482–1280, respectively. SUPPLEMENTARY INFORMATION: AGENCY: jbell on DSKJLSW7X2PROD with NOTICES Background On July 15, 2019, based on a timely request for review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the antidumping duty order on diffusionannealed, nickel-plated flat-rolled steel products from Japan for one company, Toyo Kohan Co., Ltd. (Toyo Kohan).1 In January 2020, we extended the preliminary results of this review to no later than May 29, 2020.2 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days, thereby extending the deadline for these results until July 20, 2020.3 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.4 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 33739 (July 15, 2019). 2 See Memorandum, ‘‘Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan: Extension of the Deadline for Preliminary Results of the 2018–2019 Antidumping Duty Administrative Review,’’ dated January 9, 2020. 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2018–2019 VerDate Sep<11>2014 17:42 Jul 20, 2020 Jkt 250001 Methodology Commerce is conducting this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Export price is 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 http://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https:// enforcement.trade.gov/frn/summary/ japan/japan-fr.htm. 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 an appendix to this notice. Preliminary Results of the Review As a result of this review, we preliminarily determine that a weighted-average dumping margin of 1.28 percent exists for Toyo Kohan for the period May 1, 2018 through April 30, 2019. Administrative Review of the Antidumping Duty Order on Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 For a complete description of the scope of the order, see the Preliminary Decision Memorandum. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 44041 Assessment Rates Upon completion of this administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries.6 Pursuant to 19 CFR 351.212(b)(1), 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 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 assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. 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.7 Commerce’s ‘‘reseller policy’’ will apply to entries of subject merchandise during the POR produced by Toyo Kohan for which Toyo Kohan did not know that the merchandise it sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.8 We intend to issue instructions to CBP 15 days after the publication date of the final results of this review. Cash Deposit Requirements The following cash 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 Toyo Kohan 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 reviewed or investigated 6 See 19 CFR 351.212(b). section 751(a)(2)(C) of the Act. 8 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 7 See E:\FR\FM\21JYN1.SGM 21JYN1 44042 Federal Register / Vol. 85, No. 140 / Tuesday, July 21, 2020 / Notices companies not participating in this review, the cash deposit rate will continue to be the company-specific cash deposit rate published for the most recently completed segment; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value (LTFV) investigation, but the producer is, then the cash deposit rate will be the rate established for the most recent segment for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 45.42 percent, the all-others rate established in the LTFV investigation.9 These deposit requirements, when imposed, shall remain in effect until further notice. jbell on DSKJLSW7X2PROD with NOTICES Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).10 Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.11 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the time limit for filing case briefs.12 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.13 Case and rebuttal briefs should be filed using ACCESS.14 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.15 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 within 30 days after the date of publication of this notice.16 Hearing requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. 9 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29, 2014). 10 See 19 CFR 351.224(b). 11 See 19 CFR 351.309(c). 12 See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). 13 See 19 CFR 351.309(c)(2) and (d)(2). 14 See 19 CFR 351.303. 15 See Temporary Rule. 16 See 19 CFR 351.310(c). VerDate Sep<11>2014 17:42 Jul 20, 2020 Jkt 250001 Issues raised in the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce will inform parties of the scheduled date of the hearing.17 An electronically-filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Time on the established deadline. 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 date of publication of this notice, unless the deadline is extended.18 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. 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: July 14, 2020. 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. Discussion of the Methodology V. Currency Conversion VI. Recommendation [FR Doc. 2020–15728 Filed 7–20–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA273] National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: PO 00000 18 See 19 CFR 351.310. section 751(a)(3)(A) of the Act. Frm 00004 Fmt 4703 Notice of public meeting. The New England Fishery Management Council (Council) is scheduling a public meeting of its Skate Committee via webinar to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. SUMMARY: This webinar will be held on Thursday, August 6, 2020 at 9 a.m. Webinar registration URL information: https://attendee.gotowebinar.com/ register/3168737943656557323. DATES: The meeting will be held via webinar. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION: Agenda The Skate Committee will continue to develop and clarify a problem statement, goals and objectives for Amendment 5 to the Northeast Skate Complex Fishery Management Plan (limited access). Other business may be discussed, as necessary. Although non-emergency issues not contained on the agenda may come before this Council for discussion, those issues may not be the subject of formal action during this meeting. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the MagnusonStevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. The public also should be aware that the meeting will be recorded. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request. Special Accommodations New England Fishery Management Council; Public Meeting 17 See ACTION: Sfmt 4703 This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465–0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. E:\FR\FM\21JYN1.SGM 21JYN1

Agencies

[Federal Register Volume 85, Number 140 (Tuesday, July 21, 2020)]
[Notices]
[Pages 44041-44042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15728]



[[Page 44041]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-869]


Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From 
Japan: Preliminary Results of the Antidumping Duty Administrative 
Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the producer/exporter subject to this administrative review made 
sales of subject merchandise at less than normal value (NV) during the 
period of review (POR), May 1, 2018 through April 30, 2019. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable July 21, 2020.

FOR FURTHER INFORMATION CONTACT: Ian Hamilton or Terre Keaton 
Stefanova, AD/CVD Operations, Office II, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4798 
or (202) 482-1280, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 15, 2019, based on a timely request for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review of the antidumping duty order on diffusion-annealed, nickel-
plated flat-rolled steel products from Japan for one company, Toyo 
Kohan Co., Ltd. (Toyo Kohan).\1\ In January 2020, we extended the 
preliminary results of this review to no later than May 29, 2020.\2\ On 
April 24, 2020, Commerce tolled all deadlines in administrative reviews 
by 50 days, thereby extending the deadline for these results until July 
20, 2020.\3\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 33739 (July 15, 2019).
    \2\ See Memorandum, ``Diffusion-Annealed, Nickel-Plated Flat-
Rolled Steel Products from Japan: Extension of the Deadline for 
Preliminary Results of the 2018-2019 Antidumping Duty Administrative 
Review,'' dated January 9, 2020.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2018-2019 Administrative Review of the Antidumping 
Duty Order on Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the 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 from Japan.\5\ Products subject to the order are 
currently classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the merchandise subject to this scope is 
dispositive.
---------------------------------------------------------------------------

    \5\ For a complete description of the scope of the order, see 
the 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 is 
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 http://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/summary/japan/japan-fr.htm. 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 an appendix to this notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that a 
weighted-average dumping margin of 1.28 percent exists for Toyo Kohan 
for the period May 1, 2018 through April 30, 2019.

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.212(b)(1), 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 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 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
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.\7\
---------------------------------------------------------------------------

    \7\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by Toyo Kohan for which Toyo Kohan 
did not know that the merchandise it sold to the intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\8\
---------------------------------------------------------------------------

    \8\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after the 
publication date of the final results of this review.

Cash Deposit Requirements

    The following cash 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 Toyo Kohan 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 reviewed or investigated

[[Page 44042]]

companies not participating in this review, the cash deposit rate will 
continue to be the company-specific cash deposit rate published for the 
most recently completed segment; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original less-than-fair-
value (LTFV) investigation, but the producer is, then the cash deposit 
rate will be the rate established for the most recent segment for the 
producer of the merchandise; and (4) the cash deposit rate for all 
other producers or exporters will continue to be 45.42 percent, the 
all-others rate established in the LTFV investigation.\9\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \9\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29, 
2014).
---------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days of the date of publication of this notice in accordance with 
19 CFR 351.224(b).\10\ Interested parties may submit case briefs no 
later than 30 days after the date of publication of this notice.\11\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than seven days after the time limit for filing case 
briefs.\12\ 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.\13\ Case and rebuttal briefs should be filed using 
ACCESS.\14\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\15\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(c).
    \12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See 19 CFR 351.303.
    \15\ See Temporary Rule.
---------------------------------------------------------------------------

    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 within 30 days after the date of publication of this notice.\16\ 
Hearing requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of the 
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, 
Commerce will inform parties of the scheduled date of the hearing.\17\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    An electronically-filed document must be received successfully in 
its entirety by ACCESS by 5 p.m. Eastern Time on the established 
deadline.
    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 date of publication 
of this notice, unless the deadline is extended.\18\
---------------------------------------------------------------------------

    \18\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

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.

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: July 14, 2020.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2020-15728 Filed 7-20-20; 8:45 am]
BILLING CODE 3510-DS-P