Certain Hot-Rolled Steel Flat Products From Japan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017-2018, 57821-57824 [2020-20426]
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Notices
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information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Mark
Crace, IC Liaison, Bureau of Industry
and Security by email at mark.crace@
bis.doc.gov or by phone at 202–482–
8093.
SUPPLEMENTARY INFORMATION:
I. Abstract
This information collection is
necessary to support the execution of
the President’s priorities and allocations
authority under the Defense Production
Act of 1950 (DPA), as amended (50
U.S.C. 4501, et seq.), and the priorities
authorities under the Selective Service
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implemented by the Defense Priorities
and Allocations System (DPAS)
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purpose of this authority is to ensure
preferential acceptance and
performance of contracts and orders
supporting national defense and
emergency preparedness program
requirements.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2020–20206 Filed 9–15–20; 8:45 am]
BILLING CODE 3510–33–P
II. Method of Collection
DEPARTMENT OF COMMERCE
Submitted electronically or in paper
form.
International Trade Administration
III. Data
[A–588–874]
OMB Control Number: 0694–0092.
Form Number(s): None.
Type of Review: Regular submission,
extension of a current information
collection.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
14,434,650.
Estimated Time per Response: 2
minute to 16 minutes.
Estimated Total Annual Burden
Hours: 45,290.
Estimated Total Annual Cost to
Public: $1,585,150.
Respondent’s Obligation: Mandatory.
Legal Authority: Defense Production
Act of 1950 (DPA).
Certain Hot-Rolled Steel Flat Products
From Japan: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2017–2018
IV. Request for Comments
jbell on DSKJLSW7X2PROD with NOTICES
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be collected; and (d) Minimize the
reporting burden on those who are to
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collection techniques or other forms of
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Comments that you submit in
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Evaluate whether the proposed
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methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
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Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that mandatory
respondents, 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
determines that Honda Trading Canada,
Inc. (Honda) had no shipments during
the POR.
DATES: Applicable September 16, 2020.
FOR FURTHER INFORMATION CONTACT: Jun
Jack Zhao or Myrna Lobo, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
AGENCY:
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(202) 482–1396 or (202) 482–2371,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, Commerce
published the Preliminary Results of
this review in the Federal Register.1 We
invited interested parties to comment on
the Preliminary Results. Between
January 15 and January 24, 2020,
Commerce received timely filed briefs
and rebuttal briefs from the petitioners,2
NSC, and Tokyo Steel.3 On January 15,
2020, Commerce received hearing
requests from the petitioners and NSC.4
In lieu of a hearing, Commerce held a
phone meeting with the petitioners on
July 17, 2020; NSC did not request a
phone meeting in lieu of a hearing.5
On March 20, 2020, we extended the
deadline for the final results.6 On April
24, 2020, Commerce tolled all deadlines
in administrative reviews by 50 days.7
On July 21, 2020, Commerce tolled all
deadlines in administrative reviews by
1 See Certain Hot-Rolled Steel Flat Products from
Japan: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2017–2018, 84 FR
68402 (December 16, 2019) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum (PDM).
2 The petitioners are AK Steel Corporation;
ArcelorMittal USA LLC; Nucor Corporation; SSAB
Enterprises, LLC; Steel Dynamics, Inc.; and United
States Steel Corporation.
3 See Petitioners’ Letter, ‘‘Certain Hot-Rolled Steel
Flat Products from Japan: Case Brief,’’ dated January
15, 2020; see also NSC’s Letter, ‘‘Certain Hot-Rolled
Steel Flat Products from Japan: NSC’s Case Brief,’’
dated January 15, 2020; Petitioners’ Letter, ‘‘Certain
Hot-Rolled Steel Flat Products from Japan:
Petitioner’s Rebuttal Brief,’’ dated January 24, 2020;
NSC’s Letter, ‘‘Certain Hot-Rolled Steel Flat
Products from Japan: NSC’s Rebuttal Brief,’’ dated
January 24, 2020; and Tokyo Steel’s Letter,
‘‘Rebuttal Brief of Tokyo Steel: Certain Hot-Rolled
Steel Flat Products from Japan,’’ dated January 24,
2020.
4 See Petitioners’ Letter, ‘‘Certain Hot-Rolled Steel
Flat Products from Japan: Hearing Request,’’ dated
January 15, 2020; see also NSC’s Letter, ‘‘Certain
Hot-Rolled Steel Flat Products from Japan: NSC’s
Hearing Request,’’ dated January 15, 2020.
5 See Memorandum, ‘‘Certain Hot-Rolled Steel
Products from Japan: Phone Meeting with the
Petitioners,’’ dated July 17, 2020. The petitioners
withdrew their hearing request on July 16, 2020; see
Petitioners’ Letter, ‘‘Certain Hot-Rolled Steel Flat
Products From Japan: Withdrawal of Hearing
Request,’’ dated July 16, 2020. NSC did not request
a phone meeting with Commerce, in lieu of a
hearing; see Memorandum, ‘‘Administrative Review
of Certain Hot-Rolled Steel Flat Products from
Japan: Contact with NSC Counsel,’’ dated August
27, 2020.
6 See Memoranda, ‘‘Certain Hot-Rolled Steel
Products from Japan: Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review; 2017–2018,’’ dated March 20, 2020.
7 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.
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Notices
an additional 60 days.8 The deadline for
the final results of this review is now
September 22, 2020.
These final results cover 25 producers
and exporters of subject merchandise.9
Based on an analysis of the comments
received, we have made changes to the
weighted-average dumping margins
determined for the respondents. The
weighted-average dumping margins are
listed in the ‘‘Final Results of Review’’
section. Commerce conducted this
review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
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 Issues
and Decision Memorandum.10
Final Determination of No Shipments
In the Preliminary Results, Commerce
preliminarily determined that Honda
Trading Canada, Inc. (Honda) had no
shipments of subject merchandise
during the POR. U.S. Customs and
Border Protection (CBP) subsequently
confirmed Honda had no shipments.11
As no party has identified any record
evidence which would call into
question these preliminary findings
with respect to Honda, we continue to
find that Honda made no shipments of
subject merchandise during the POR.
Accordingly, consistent with our
practice, we intend to instruct CBP to
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
Analysis of Comments Received
Act. Generally, Commerce looks to
We addressed all issues raised in the
section 735(c)(5) of the Act, which
case and rebuttal briefs in the Issues and
provides instructions for calculating the
Decision Memorandum. The issues are
all-others rate in a market economy
identified in Appendix I to this notice.
investigation, for guidance when
The Issues and Decision Memorandum
calculating the rate for companies
is a public document and is on file
which were not selected for individual
electronically via Enforcement and
examination in an administrative
Compliance’s Antidumping and
review. Under section 735(c)(5)(A) of
Countervailing Duty Centralized
the Act, the all-others rate is normally
Electronic Service System (ACCESS).
‘‘an amount equal to the weightedACCESS is available to registered users
at https://access.trade.gov. In addition, a average of the estimated weightedaverage dumping margins established
complete version of the Issues and
Decision Memorandum can be accessed for exporters and producers
directly on the internet at https://
individually investigated, excluding any
enforcement.trade.gov/frn/.
zero or de minimis margins, and any
The signed Issues and Decision
margins determined entirely {on the
Memorandum and the electronic
basis of facts available}.’’
version of the Issues and Decision
In this review, we have calculated
Memorandum are identical in content.
weighted-average dumping margins for
Changes Since the Preliminary Results
NSC and Tokyo Steel that are zero.
Accordingly, we have assigned to the
Based on our review and analysis of
the comments received from parties, we companies not individually examined a
margin of 0.00 percent.
made certain changes to the margin
calculations for both NSC and Tokyo
Final Results of Review
Steel. For a discussion of these changes,
see the Issues and Decision
We are assigning the following
Memorandum.
weighted-average dumping margins to
the firms listed below for the period
Rate for Non-Examined Companies
October 1, 2017 through September 30,
The statute and Commerce’s
2018:
regulations do not address the
liquidate any existing entries of subject
merchandise produced by Honda, but
exported by other parties without their
own rate, at the all-others rate.12
Weighted-average
dumping margin
(percent)
Producers/exporters
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Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./Nippon Steel Trading Corporation 13 .................................................
Tokyo Steel Manufacturing Co., Ltd ..............................................................................................................................................
Review-Specific Average Rate Applicable to the Following Companies:
Hanwa Co., Ltd .......................................................................................................................................................................
Higuchi Manufacturing America, LLC .....................................................................................................................................
Higuchi Seisakusho Co., Ltd ..................................................................................................................................................
Hitachi Metals, Ltd ..................................................................................................................................................................
JFE Steel Corporation/JFE Shoji Trade Corporation 14 .........................................................................................................
JFE Shoji Trade America .......................................................................................................................................................
Kanematsu Corporation ..........................................................................................................................................................
Kobe Steel, Ltd .......................................................................................................................................................................
8 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
9 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
63615 (December 11, 2018).
10 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final 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 (Issues and Decision
Memorandum).
11 See Memorandum, ‘‘No Shipment Inquiry with
Respect to the Company Below During the Period
10/01/2017 through 09/30/2018,’’ dated December
10, 2019.
12 See, e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
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Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
13 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
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information indicating that Commerce should
reevaluate this determination, we are treating these
companies as a single entity for purposes of this
administrative review.
14 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 PDM at 8–9, unchanged in
Certain Hot-Rolled Steel Flat Products from Japan:
Final Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of
Critical Circumstances, 81 FR 53409 (August 12,
2016).
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Weighted-average
dumping margin
(percent)
Producers/exporters
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 ......................................................................................................................................
Disclosure
We intend to disclose the calculations
performed in connection with these
final results within five days of the date
of publication of this notice to parties in
this proceeding, in accordance with 19
CFR 351.224(b).
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Assessment
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of this review in the Federal
Register.
Where the respondent reported
reliable entered values, we calculated
importer- (or customer-) specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
entered value of the sales to each
importer (or customer).15 Where
Commerce calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, Commerce will direct CBP
to assess importer- (or customer-)
specific assessment rates based on the
resulting per-unit rates.16 Where an
importer- (or customer-) specific ad
valorem or per-unit rate is greater than
de minimis (i.e., 0.50 percent),
Commerce will instruct CBP to collect
the appropriate duties at the time of
liquidation.17 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
15 See
19 CFR 351.212(b)(1).
17 Id.
18:20 Sep 15, 2020
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of 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
for by section 751(a)(2)(C) of the Act: (1)
The cash deposit rates for the
companies listed in these final results
will be equal to the weighted-average
dumping margins established in the
final results of this review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior segment of this
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment in which the
company was reviewed; (3) if the
exporter is not a firm covered in this
review or the original less-than-fairvalue (LTFV) investigation, but the
producer is, the cash deposit rate will be
the rate established for the most recently
18 See
19 CFR 351.106(c)(2).
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
19 For
16 Id.
VerDate Sep<11>2014
appropriate entries without regard to
antidumping duties.18
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
methodology described in the ‘‘Rates for
Non-Examined Companies’’ section.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by NSC, Tokyo Steel, or the
non-examined companies for which the
producer did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.19
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completed segment of this proceeding
for the producer of the subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 5.58 percent,20 the
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
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 and 19
CFR 351.213(h) and 351.221(b)(5) of
Commerce’s regulations.
20 See Certain Hot-Rolled Steel Flat Products from
Japan: Final Determination of Sales at Less Than
Fair Value and Final Affirmative Determination of
Critical Circumstances, 81 FR 53409 (August 12,
2016).
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Dated: September 9, 2020.
Joseph A. Laroski, Jr.,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Partial Facts Available and
Use of Adverse Inference
V. Final Determination of No Shipments
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
Tokyo Steel-Specific Issues
Comment 1: Whether Tokyo Steel’s Scrap
Reporting is Flawed
Comment 2: Whether Commerce Should
Adjust Tokyo Steel’s Reported Costs by
Assigning Non-Prime Cost of Production
to Prime Products
Comment 3: Whether the Quality Product
Characteristic for Some of Tokyo Steel’s
HM Sales is Incorrect
NSC-Specific Issues
Comment 4: Whether Commerce Should
Continue to Apply Partial AFA to
Certain NSC’s Affiliated Downstream
Resales in the Home Market
Comment 5: Whether Commerce Properly
Excluded Certain Further Manufactured
U.S. Sales
Comment 6: Whether NSC’s Reported
Domestic Inland Freight and
Warehousing for U.S. Sales Were Made
at Arm’s Length
Comment 7: Whether Commerce Should
Account for NSC’s Unreported Domestic
Brokerage Expenses
Comment 8: Whether NSC’s Reported
International Freight Expenses Were
Made at Arm’s Length
Comment 9: Whether NSC Has Accounted
for the Miscellaneous U.S. Inland Freight
Expenses
Comment 10: Whether Commerce Should
Apply AFA for Determining NSC’s
Further Manufacturing Costs
Comment 11: Whether Commerce
Incorrectly Increased NSC’s Further
Manufacturing Costs to Account for the
Markup Steelscape Washington LLC
Charges Steel Scape LLC
VIII. Recommendation
[FR Doc. 2020–20426 Filed 9–15–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
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[A–821–802]
Draft Amendment to the Agreement
Suspending the Antidumping
Investigation on Uranium From the
Russian Federation; Request for
Comment
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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The U.S. Department of
Commerce (Commerce) and State
Atomic Energy Corporation Rosatom
(Rosatom) have initialed a draft
amendment to the Agreement
Suspending the Antidumping
Investigation on Uranium from the
Russian Federation (Agreement). The
draft amendment will allow the Russian
Federation to export Russian uranium
products to the United States in
accordance with the export limits and
other terms detailed in the amendment.
Commerce is inviting interested parties,
industrial users, and the public to
comment on the text of the draft
amendment to the Agreement.
DATES: Applicable September 11, 2020.
Comments are due by 5:00 p.m. Eastern
Time on September 28, 2020.
ADDRESSES: All submissions to
Commerce must be filed electronically
using Enforcement and Compliance’s
Antidumping Duty and Countervailing
Duty Centralized Electronic Service
System (ACCESS). ACCESS is available
to registered users at https://
access.trade.gov. See the
SUPPLEMENTARY INFORMATION for
additional details.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or Jill Buckles, Bilateral
Agreements Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0162 or (202) 482–6230,
respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On October 16, 1992, Commerce
signed an agreement with the Russian
Federation’s Ministry for Atomic Energy
(MINATOM), the predecessor to
Rosatom, under section 734(l) of the
Tariff Act of 1930, as amended (the Act),
suspending the antidumping duty
investigation on uranium from the
Russian Federation.1 There have been
five amendments to the Agreement, the
most recent of which was signed on
February 1, 2008.2 On February 22,
1 See Antidumping; Uranium from Kazakhstan,
Kyrgyzstan, Russia, Tajikistan, Ukraine, and
Uzbekistan; Suspension of Investigations and
Amendment of Preliminary Determinations, 57 FR
49220, 49235 (October 30, 1992).
2 See Amendment to Agreement Suspending the
Antidumping Investigation on Uranium from the
Russian Federation, 59 FR 15373 (April 1, 1994);
Amendments to the Agreement Suspending the
Antidumping Investigation on Uranium from the
Russian Federation, 61 FR 56665 (November 4,
1996); Amendment to Agreement Suspending the
Antidumping Investigation on Uranium from the
Russian Federation, 62 FR 37879 (July 15, 1997);
and Amendment to the Agreement Suspending the
Antidumping Investigation on Uranium from the
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2019, Commerce formally opened
consultations with Rosatom with
respect to a possible extension of the
Agreement’s term.3
Draft Amendment
On September 11, 2020, Commerce
and Rosatom initialed a draft
amendment to the Agreement. The draft
amendment allows for exports of
Russian uranium products to the United
States in accordance with the export
limits and other terms detailed in the
amendment. In general, the draft
amendment will reduce U.S. reliance on
imports of uranium from Russia over the
long term. Under the current
Agreement, Russian uranium exports
are limited to approximately 20 percent
of U.S. enrichment demand. Under the
draft amended Agreement, the export
limits will be equivalent to 24 percent
of U.S. enrichment demand in 2021, 20
percent in 2022, 24 percent in 2023, 20
percent per year from 2024 to 2027, and
15 percent per year from 2028 to 2040.
(Export limits are to be calculated on the
basis of the World Nuclear Association’s
Lower Scenario, a 4.4 percent product
assay, and a 0.3 percent tails assay.)
These figures correspond to an average
of approximately 17 percent over the
next 20 years.
The draft amendment to the
Agreement also strengthens existing
protections for the U.S. commercial
enrichment industry, by extending and
reducing the Agreement’s export limits,
as discussed above.
The draft amendment to the
Agreement establishes protections for
U.S. uranium miners and the U.S.
uranium converter by limiting sales of
enriched uranium product (EUP) and
sales of enrichment (i.e., separative
work units, or SWU) plus conversion
under the export limits. Under the draft
amendment, the cap on exports
pursuant to EUP sales is equivalent to
15 percent of U.S. enrichment demand
in 2021, 9.8 percent in 2022, 10.2
percent in 2023, 5.7 percent in 2024, 5.3
percent in 2025, and 5 percent per year
from 2026 to 2040. The cap for
additional exports pursuant to sales of
SWU plus conversion is equivalent to 1
percent of U.S. enrichment demand in
2021, approximately 3 percent from
2022 to 2025, and zero percent from
2026 to 2040. These figures correspond
to an average of 7 percent of U.S.
enrichment demand for the combined
Russian Federation, 73 FR 7705 (February 11,
2008).
3 See Letter to Rosatom from P. Lee Smith, Deputy
Assistant Secretary for Policy & Negotiations,
‘‘Consultations on the Agreement Suspending the
Antidumping Investigation on Uranium from the
Russian Federation,’’ dated February 22, 2019.
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]]>Agencies
[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Notices]
[Pages 57821-57824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20426]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-874]
Certain Hot-Rolled Steel Flat Products From Japan: Final Results
of Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
mandatory respondents, 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 determines that Honda Trading Canada, Inc.
(Honda) had no shipments during the POR.
DATES: Applicable September 16, 2020.
FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Myrna Lobo, 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) 482-1396 or (202) 482-2371,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, Commerce published the Preliminary Results of
this review in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Results. Between January 15 and January
24, 2020, Commerce received timely filed briefs and rebuttal briefs
from the petitioners,\2\ NSC, and Tokyo Steel.\3\ On January 15, 2020,
Commerce received hearing requests from the petitioners and NSC.\4\ In
lieu of a hearing, Commerce held a phone meeting with the petitioners
on July 17, 2020; NSC did not request a phone meeting in lieu of a
hearing.\5\
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\1\ See Certain Hot-Rolled Steel Flat Products from Japan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2017-2018, 84 FR 68402
(December 16, 2019) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ The petitioners are AK Steel Corporation; ArcelorMittal USA
LLC; Nucor Corporation; SSAB Enterprises, LLC; Steel Dynamics, Inc.;
and United States Steel Corporation.
\3\ See Petitioners' Letter, ``Certain Hot-Rolled Steel Flat
Products from Japan: Case Brief,'' dated January 15, 2020; see also
NSC's Letter, ``Certain Hot-Rolled Steel Flat Products from Japan:
NSC's Case Brief,'' dated January 15, 2020; Petitioners' Letter,
``Certain Hot-Rolled Steel Flat Products from Japan: Petitioner's
Rebuttal Brief,'' dated January 24, 2020; NSC's Letter, ``Certain
Hot-Rolled Steel Flat Products from Japan: NSC's Rebuttal Brief,''
dated January 24, 2020; and Tokyo Steel's Letter, ``Rebuttal Brief
of Tokyo Steel: Certain Hot-Rolled Steel Flat Products from Japan,''
dated January 24, 2020.
\4\ See Petitioners' Letter, ``Certain Hot-Rolled Steel Flat
Products from Japan: Hearing Request,'' dated January 15, 2020; see
also NSC's Letter, ``Certain Hot-Rolled Steel Flat Products from
Japan: NSC's Hearing Request,'' dated January 15, 2020.
\5\ See Memorandum, ``Certain Hot-Rolled Steel Products from
Japan: Phone Meeting with the Petitioners,'' dated July 17, 2020.
The petitioners withdrew their hearing request on July 16, 2020; see
Petitioners' Letter, ``Certain Hot-Rolled Steel Flat Products From
Japan: Withdrawal of Hearing Request,'' dated July 16, 2020. NSC did
not request a phone meeting with Commerce, in lieu of a hearing; see
Memorandum, ``Administrative Review of Certain Hot-Rolled Steel Flat
Products from Japan: Contact with NSC Counsel,'' dated August 27,
2020.
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On March 20, 2020, we extended the deadline for the final
results.\6\ On April 24, 2020, Commerce tolled all deadlines in
administrative reviews by 50 days.\7\ On July 21, 2020, Commerce tolled
all deadlines in administrative reviews by
[[Page 57822]]
an additional 60 days.\8\ The deadline for the final results of this
review is now September 22, 2020.
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\6\ See Memoranda, ``Certain Hot-Rolled Steel Products from
Japan: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review; 2017-2018,'' dated March 20, 2020.
\7\ 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.
\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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These final results cover 25 producers and exporters of subject
merchandise.\9\ Based on an analysis of the comments received, we have
made changes to the weighted-average dumping margins determined for the
respondents. The weighted-average dumping margins are listed in the
``Final Results of Review'' section. Commerce conducted this review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\9\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 63615 (December 11, 2018).
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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 Issues and Decision Memorandum.\10\
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\10\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and
Decision Memorandum).
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Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Honda Trading Canada, Inc. (Honda) had no shipments of subject
merchandise during the POR. U.S. Customs and Border Protection (CBP)
subsequently confirmed Honda had no shipments.\11\ As no party has
identified any record evidence which would call into question these
preliminary findings with respect to Honda, we continue to find that
Honda made no shipments of subject merchandise during the POR.
Accordingly, consistent with our practice, we intend to instruct CBP to
liquidate any existing entries of subject merchandise produced by
Honda, but exported by other parties without their own rate, at the
all-others rate.\12\
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\11\ See Memorandum, ``No Shipment Inquiry with Respect to the
Company Below During the Period 10/01/2017 through 09/30/2018,''
dated December 10, 2019.
\12\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum. The issues are identified in
Appendix I to this notice. The Issues and Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from
parties, we made certain changes to the margin calculations for both
NSC and Tokyo Steel. For a discussion of these changes, see the Issues
and Decision Memorandum.
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 calculated weighted-average dumping margins
for NSC and Tokyo Steel that are zero. Accordingly, we have assigned to
the companies not individually examined a margin of 0.00 percent.
Final Results of Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period October 1, 2017 through September
30, 2018:
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\13\ 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.
\14\ 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 PDM at 8-9, unchanged in
Certain Hot-Rolled Steel Flat Products from Japan: Final
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, 81 FR 53409 (August 12,
2016).
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Weighted-average
Producers/exporters dumping margin
(percent)
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Nippon Steel Corporation/Nippon Steel Nisshin Co., 0.00
Ltd./Nippon Steel Trading Corporation \13\..........
Tokyo Steel Manufacturing Co., Ltd................... 0.00
Review-Specific Average Rate Applicable to the
Following Companies:
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
\14\............................................
JFE Shoji Trade America.......................... 0.00
Kanematsu Corporation............................ 0.00
Kobe Steel, Ltd.................................. 0.00
[[Page 57823]]
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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Disclosure
We intend to disclose the calculations performed in connection with
these final results within five days of the date of publication of this
notice to parties in this proceeding, in accordance with 19 CFR
351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Commerce intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of this review in the Federal Register.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\15\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer- (or customer-) specific assessment rates based on
the resulting per-unit rates.\16\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation.\17\ Where an importer- (or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\18\
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\15\ See 19 CFR 351.212(b)(1).
\16\ Id.
\17\ Id.
\18\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rates for Non-Examined Companies'' section.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by NSC, Tokyo Steel, or the
non-examined companies for which the producer did not know that its
merchandise was destined for the United States, we will instruct CBP to
liquidate unreviewed entries at the all-others rate if there is no rate
for the intermediate company(ies) involved in the transaction.\19\
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\19\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of 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 for by section 751(a)(2)(C)
of the Act: (1) The cash deposit rates for the companies listed in
these final results will be equal to the weighted-average dumping
margins established in the final results of this review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of this proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment in which the company was
reviewed; (3) if the exporter is not a firm covered in this review or
the original less-than-fair-value (LTFV) investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 5.58 percent,\20\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\20\ See Certain Hot-Rolled Steel Flat Products from Japan:
Final Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, 81 FR 53409
(August 12, 2016).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the presumption that reimbursement of
antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
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 and 19 CFR 351.213(h) and
351.221(b)(5) of Commerce's regulations.
[[Page 57824]]
Dated: September 9, 2020.
Joseph A. Laroski, Jr.,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Partial Facts Available and Use of Adverse
Inference
V. Final Determination of No Shipments
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
Tokyo Steel-Specific Issues
Comment 1: Whether Tokyo Steel's Scrap Reporting is Flawed
Comment 2: Whether Commerce Should Adjust Tokyo Steel's Reported
Costs by Assigning Non-Prime Cost of Production to Prime Products
Comment 3: Whether the Quality Product Characteristic for Some
of Tokyo Steel's HM Sales is Incorrect
NSC-Specific Issues
Comment 4: Whether Commerce Should Continue to Apply Partial AFA
to Certain NSC's Affiliated Downstream Resales in the Home Market
Comment 5: Whether Commerce Properly Excluded Certain Further
Manufactured U.S. Sales
Comment 6: Whether NSC's Reported Domestic Inland Freight and
Warehousing for U.S. Sales Were Made at Arm's Length
Comment 7: Whether Commerce Should Account for NSC's Unreported
Domestic Brokerage Expenses
Comment 8: Whether NSC's Reported International Freight Expenses
Were Made at Arm's Length
Comment 9: Whether NSC Has Accounted for the Miscellaneous U.S.
Inland Freight Expenses
Comment 10: Whether Commerce Should Apply AFA for Determining
NSC's Further Manufacturing Costs
Comment 11: Whether Commerce Incorrectly Increased NSC's Further
Manufacturing Costs to Account for the Markup Steelscape Washington
LLC Charges Steel Scape LLC
VIII. Recommendation
[FR Doc. 2020-20426 Filed 9-15-20; 8:45 am]
BILLING CODE 3510-DS-P
