Certain Hot-Rolled Steel Flat Products From Japan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019, 47615-47617 [2021-18414]
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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices
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jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
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17:30 Aug 25, 2021
Jkt 253001
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Dated: August 20, 2021.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
47615
addition, Commerce determines that
Honda Trading Canada, Inc. (Honda),
Panasonic Corporation (Panasonic), and
Mitsui & CO., Ltd. (Mitsui) had no
shipments during the POR.
DATES: Applicable August 26, 2021.
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 February 23, 2021, Commerce
published the Preliminary Results of
this review in the Federal Register.1 We
invited interested parties to comment on
the Preliminary Results. Between March
25 and April 1, 2021, Commerce
received timely filed briefs and rebuttal
briefs from the petitioners 2 and NSC.3
On March 25, 2021, Commerce received
a hearing request from NSC.4 On July 2,
2021, NSC withdrew its hearing
request.5
On April 14, 2021, we extended the
deadline for the final results.6 The
deadline for the final results of this
review is August 20, 2021.
These final results cover 26 producers
and exporters of subject merchandise.7
Based on an analysis of the comments
received, we did not make changes to
the weighted-average dumping margins
[FR Doc. 2021–18353 Filed 8–25–21; 8:45 am]
BILLING CODE P
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; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Nippon
Steel Corporation (NSC) and Tokyo
Steel Manufacturing Co., Ltd. (Tokyo
Steel), producers and exporters of hotrolled steel flat products (hot-rolled
steel) from Japan, sold subject
merchandise in the United States at
prices below normal value during the
period of review (POR) October 1, 2018,
through September 30, 2019. In
AGENCY:
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
1 See Certain Hot-Rolled Steel Flat Products from
Japan: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2018–2019; 86 FR
10920 (February 23, 2021) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum (PDM).
2 The petitioners consist of AK Steel Corporation;
ArcelorMittal USA LLC; Nucor Corporation; SSAB
Enterprises, LLC; Steel Dynamic, Inc.; and United
States Steel Corporation.
3 See Petitioners’ Letter, ‘‘Certain Hot-Rolled Steel
Flat Products from Japan: Case Brief,’’ dated March
25, 2021; see also NSC’s Letter, ‘‘Certain Hot-Rolled
Steel Flat Products from Japan: NSC’s Case Brief,’’
dated March 25, 2021; Petitioners’ Letter, ‘‘Certain
Hot-Rolled Steel Flat Products from Japan:
Petitioner’s Rebuttal Brief,’’ dated April 1, 2021;
NSC’s Letter, ‘‘Certain Hot-Rolled Steel Flat
Products from Japan: NSC’s Rebuttal Brief,’’ dated
April 1, 2021.
4 See NSC’s Letter, ‘‘Certain Hot-Rolled Steel Flat
Products from Japan: NSC’s Hearing Request,’’
dated March 25, 2021.
5 See NSC’s Letter, ‘‘Certain Hot-Rolled Steel Flat
Products from Japan: Withdrawl of NSC’s Hearing
Request,’’ July 2, 2021.
6 See Memorandum, ‘‘Certain Hot-Rolled Steel
Products from Japan: Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review; 2018–2019,’’ dated April 14, 2021.
7 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
67712 (December 11, 2019).
E:\FR\FM\26AUN1.SGM
26AUN1
47616
Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices
determined for the respondents. The
weighted-average dumping margins are
listed in the ‘‘Final Results of Review’’
section, below. Commerce conducted
this review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 8
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.9
Final Determination of No Shipments
In the Preliminary Results, Commerce
preliminarily determined that Honda,
Panasonic, and Mitsui had no
shipments of subject merchandise
during the POR. U.S. Customs and
Border Protection (CBP) subsequently
confirmed that these three companies
had no shipments.10 As no party has
identified any record evidence which
would call into question these
preliminary findings with respect to
these three companies, we continue to
find they 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,
Panasonic, and Mitsui, but exported by
other parties without their own rate, at
the all-others rate.11
jbell on DSKJLSW7X2PROD with NOTICES
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs in the Issues and
Decision Memorandum, which is hereby
adopted with this notice. The issues are
8 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).
9 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review: Certain
Hot-Rolled Steel Flat Products from Japan; 2018–
2019,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
10 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from Japan; No Shipment Inquiry for
Honda Trading Canada, Inc. during the period 10/
01/2018 through 09/30/2019,’’ dated February 19,
2021; ‘‘Certain Hot-Rolled Steel Flat Products from
Japan; No Shipment Inquiries for Mitsui & Co., Ltd.
and the Panasonic Corporation During the Period
10/01/2018 through 09/30/2019,’’ dated February
24, 2021.
11 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).
VerDate Sep<11>2014
17:30 Aug 25, 2021
Jkt 253001
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 at https://enforcement.trade.gov/
frn/.
Changes Since the Preliminary Results
Based on our review and analysis of
the comments received from parties, we
did not make changes to the margin
calculations. 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 weightedaverage 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}.’’
For these final results, we calculated
weighted-average dumping margins that
are not zero, de minimis, or determined
entirely on the basis of facts available
for NSC and Tokyo Steel. Accordingly,
Commerce has assigned to the
companies not individually examined a
margin of 10.95 percent, which is the
weighted-average (using the publicly
ranged U.S. value) of NSC’s and Tokyo
Steel’s calculated weighted-average
dumping margins for these final results.
Final Results of Review
We are assigning the following
weighted-average dumping margins to
the firms listed below for the period
October 1, 2018, through September 30,
2019:
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
Producers/exporters
Nippon Steel Corporation/
Nippon Steel Nisshin Co.,
Ltd./Nippon Steel Trading
Corporation 12 ....................
Tokyo Steel Manufacturing
Co., Ltd .............................
Weightedaverage
dumping
margin
(percent)
11.70
6.80
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 13
JFE Shoji Trade America .....
Kanematsu Corporation ........
Kobe Steel, Ltd .....................
Metal One Corporation .........
Miyama Industry Co., Ltd .....
Nakagawa Special Steel Inc
Nippon Steel & Sumikin Logistics Co., Ltd ..................
Okaya & Co. Ltd ...................
Saint-Gobain K.K ..................
Shinsho Corporation .............
Sumitomo Corporation ..........
Suzukaku Corporation ..........
Toyota Tsusho Corporation
Nagoya ..............................
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
Assessment
Consistent with its recent notice,14
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
12 Commerce found in a changed circumstances
review 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). We have continued to treat
NSC, Nippon Nisshin, and NSTC as a single entity
for purposes of this administrative review.
13 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. We have continued
to treat these companies as a single entity for
purposes of this administrative review.
14 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duly
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
E:\FR\FM\26AUN1.SGM
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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
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
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,
above.
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
jbell on DSKJLSW7X2PROD with NOTICES
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
15 See
19 CFR 351.212(b)(1).
16 Id.
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
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.
17 Id.
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
VerDate Sep<11>2014
17:30 Aug 25, 2021
Jkt 253001
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).
PO 00000
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Fmt 4703
Sfmt 4703
47617
Dated: August 20, 2021.
Ryan Majerus,
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
Comment 1: Whether Commerce Should
Deduct Section 232 Duties From U.S.
Price
Comment 2: Whether Commerce Should
Apply Adverse Facts Available to NSC’s
Home Market Sales Made to Certain
Affiliated Customers
Comment 3: Whether Commerce Should
Apply Differential Pricing Methodology
With Zeroing Negative Margins for Sales
That Pass Commerce’s Differential
Pricing Test
Comment 4: Whether Commerce Should
Include Certain Separately Invoiced U.S.
Revenue Fields in Calculating the Net
U.S. Price
Comment 5: Whether Commerce Should
Make Certain Adjustments to NSC’s
Reported G&A Expenses
VIII. Recommendation
[FR Doc. 2021–18414 Filed 8–25–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Notice of Final Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 8, 2021, the
Department of Commerce (Commerce)
published the initiation and preliminary
results of a changed circumstances
review (CCR) of the antidumping duty
(AD) order on certain frozen warmwater
shrimp (shrimp) from the Socialist
Republic of Vietnam (Vietnam). For
these final results, Commerce continues
to find that Camimex Group Joint Stock
Company is the successor-in-interest
(SII) to Camau Frozen Seafood
Processing Import Export Corporation,
in the context of the AD order on
shrimp from Vietnam.
DATES: Applicable August 26, 2021.
AGENCY:
E:\FR\FM\26AUN1.SGM
26AUN1
Agencies
[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47615-47617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18414]
=======================================================================
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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; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines 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, sold subject merchandise in the United States
at prices below normal value during the period of review (POR) October
1, 2018, through September 30, 2019. In addition, Commerce determines
that Honda Trading Canada, Inc. (Honda), Panasonic Corporation
(Panasonic), and Mitsui & CO., Ltd. (Mitsui) had no shipments during
the POR.
DATES: Applicable August 26, 2021.
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 February 23, 2021, Commerce published the Preliminary Results of
this review in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Results. Between March 25 and April 1,
2021, Commerce received timely filed briefs and rebuttal briefs from
the petitioners \2\ and NSC.\3\ On March 25, 2021, Commerce received a
hearing request from NSC.\4\ On July 2, 2021, NSC withdrew its hearing
request.\5\
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from Japan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018-2019; 86 FR 10920
(February 23, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ The petitioners consist of AK Steel Corporation;
ArcelorMittal USA LLC; Nucor Corporation; SSAB Enterprises, LLC;
Steel Dynamic, Inc.; and United States Steel Corporation.
\3\ See Petitioners' Letter, ``Certain Hot-Rolled Steel Flat
Products from Japan: Case Brief,'' dated March 25, 2021; see also
NSC's Letter, ``Certain Hot-Rolled Steel Flat Products from Japan:
NSC's Case Brief,'' dated March 25, 2021; Petitioners' Letter,
``Certain Hot-Rolled Steel Flat Products from Japan: Petitioner's
Rebuttal Brief,'' dated April 1, 2021; NSC's Letter, ``Certain Hot-
Rolled Steel Flat Products from Japan: NSC's Rebuttal Brief,'' dated
April 1, 2021.
\4\ See NSC's Letter, ``Certain Hot-Rolled Steel Flat Products
from Japan: NSC's Hearing Request,'' dated March 25, 2021.
\5\ See NSC's Letter, ``Certain Hot-Rolled Steel Flat Products
from Japan: Withdrawl of NSC's Hearing Request,'' July 2, 2021.
---------------------------------------------------------------------------
On April 14, 2021, we extended the deadline for the final
results.\6\ The deadline for the final results of this review is August
20, 2021.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Certain Hot-Rolled Steel Products from
Japan: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review; 2018-2019,'' dated April 14, 2021.
---------------------------------------------------------------------------
These final results cover 26 producers and exporters of subject
merchandise.\7\ Based on an analysis of the comments received, we did
not make changes to the weighted-average dumping margins
[[Page 47616]]
determined for the respondents. The weighted-average dumping margins
are listed in the ``Final Results of Review'' section, below. Commerce
conducted this review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\7\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 67712 (December 11, 2019).
---------------------------------------------------------------------------
Scope of the Order 8
---------------------------------------------------------------------------
\8\ 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).
---------------------------------------------------------------------------
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.\9\
---------------------------------------------------------------------------
\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review: Certain
Hot-Rolled Steel Flat Products from Japan; 2018-2019,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Honda, Panasonic, and Mitsui had no shipments of subject merchandise
during the POR. U.S. Customs and Border Protection (CBP) subsequently
confirmed that these three companies had no shipments.\10\ As no party
has identified any record evidence which would call into question these
preliminary findings with respect to these three companies, we continue
to find they 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, Panasonic, and Mitsui, but exported by other parties without
their own rate, at the all-others rate.\11\
---------------------------------------------------------------------------
\10\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from Japan; No Shipment Inquiry for Honda Trading Canada, Inc.
during the period 10/01/2018 through 09/30/2019,'' dated February
19, 2021; ``Certain Hot-Rolled Steel Flat Products from Japan; No
Shipment Inquiries for Mitsui & Co., Ltd. and the Panasonic
Corporation During the Period 10/01/2018 through 09/30/2019,'' dated
February 24, 2021.
\11\ 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, which is hereby adopted with this
notice. 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 at https://enforcement.trade.gov/frn/.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from
parties, we did not make changes to the margin calculations. 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} .''
For these final results, we calculated weighted-average dumping
margins that are not zero, de minimis, or determined entirely on the
basis of facts available for NSC and Tokyo Steel. Accordingly, Commerce
has assigned to the companies not individually examined a margin of
10.95 percent, which is the weighted-average (using the publicly ranged
U.S. value) of NSC's and Tokyo Steel's calculated weighted-average
dumping margins for these final results.
Final Results of Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period October 1, 2018, through
September 30, 2019:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping margin
(percent)
------------------------------------------------------------------------
Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./ 11.70
Nippon Steel Trading Corporation \12\..................
Tokyo Steel Manufacturing Co., Ltd...................... 6.80
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Hanwa Co., Ltd.......................................... 10.95
Higuchi Manufacturing America, LLC...................... 10.95
Higuchi Seisakusho Co., Ltd............................. 10.95
Hitachi Metals, Ltd..................................... 10.95
JFE Steel Corporation/JFE Shoji Trade Corporation \13\.. 10.95
JFE Shoji Trade America................................. 10.95
Kanematsu Corporation................................... 10.95
Kobe Steel, Ltd......................................... 10.95
Metal One Corporation................................... 10.95
Miyama Industry Co., Ltd................................ 10.95
Nakagawa Special Steel Inc.............................. 10.95
Nippon Steel & Sumikin Logistics Co., Ltd............... 10.95
Okaya & Co. Ltd......................................... 10.95
Saint-Gobain K.K........................................ 10.95
Shinsho Corporation..................................... 10.95
Sumitomo Corporation.................................... 10.95
Suzukaku Corporation.................................... 10.95
Toyota Tsusho Corporation Nagoya........................ 10.95
------------------------------------------------------------------------
Assessment
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\12\ Commerce found in a changed circumstances review 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). We
have continued to treat NSC, Nippon Nisshin, and NSTC as a single
entity for purposes of this administrative review.
\13\ 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. We have
continued to treat these companies as a single entity for purposes
of this administrative review.
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Consistent with its recent notice,\14\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will
[[Page 47617]]
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
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\14\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duly Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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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, above.
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.
Dated: August 20, 2021.
Ryan Majerus,
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
Comment 1: Whether Commerce Should Deduct Section 232 Duties
From U.S. Price
Comment 2: Whether Commerce Should Apply Adverse Facts Available
to NSC's Home Market Sales Made to Certain Affiliated Customers
Comment 3: Whether Commerce Should Apply Differential Pricing
Methodology With Zeroing Negative Margins for Sales That Pass
Commerce's Differential Pricing Test
Comment 4: Whether Commerce Should Include Certain Separately
Invoiced U.S. Revenue Fields in Calculating the Net U.S. Price
Comment 5: Whether Commerce Should Make Certain Adjustments to
NSC's Reported G&A Expenses
VIII. Recommendation
[FR Doc. 2021-18414 Filed 8-25-21; 8:45 am]
BILLING CODE 3510-DS-P