Certain Hot-Rolled Steel Flat Products From Japan: Preliminary Results of Antidumping Duty Administrative Review: 2020-2021, 66130-66132 [2022-23827]
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66130
Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Notices
9506.91.00.10, 9506.91.00.20,
9506.91.00.30, 9506.99.05.10,
9506.99.05.20, 9506.99.05.30,
9506.99.15.00, 9506.99.20.00,
9506.99.25.80, 9506.99.28.00,
9506.99.55.00, 9506.99.60.80,
9507.30.20.00, 9507.30.40.00,
9507.30.60.00, 9507.30.80.00,
9507.90.60.00, and 9603.90.80.50.
The subject merchandise entered as
parts of other aluminum products may
be classifiable under the following
additional Chapter 76 subheadings:
7610.10, 7610.90, 7615.19, 7615.20, and
7616.99, as well as under other HTSUS
chapters. In addition, fin evaporator
coils may be classifiable under HTSUS
numbers: 8418.99.80.50 and
8418.99.80.60. While HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
Orders is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the
continuation of the Orders on aluminum
extrusions from China. U.S. Customs
and Border Protection will continue to
collect AD and CVD cash deposits at the
rates in effect at the time of entry for all
imports of subject merchandise.
The effective date of the continuation
of the Orders will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year
(sunset) reviews of the Orders not later
than 30 days prior to the fifth
anniversary of the effective date of
continuation.
khammond on DSKJM1Z7X2PROD with NOTICES
Administrative Protective Order (APO)
This notice also serves as the only
reminder to parties subject to APO of
their responsibility concerning the
return, destruction, or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
Notification to Interested Parties
These five-year sunset reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published pursuant to section
777(i)(1) of the Act and 19 CFR
351.218(f)(4).
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16:38 Nov 01, 2022
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Dated: October 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–23810 Filed 11–1–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–874]
Certain Hot-Rolled Steel Flat Products
From Japan: Preliminary Results of
Antidumping Duty Administrative
Review: 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that producers and exporters
of hot-rolled steel flat products (hotrolled steel) from Japan, sold subject
merchandise in the United States at
prices below normal value during the
period of review (POR) October 1, 2020,
through September 30, 2021.
DATES: Applicable November 2, 2022.
FOR FURTHER INFORMATION CONTACT: Jack
Zhao, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1396.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on hot-rolled
steel from Japan in accordance with
section 751(a)(1)(B) of Tariff Act of
1930, as amended (the Act).1 Commerce
initiated this administrative review on
November 29, 2021, covering two
producers and/or exporters.2 We
selected one of these companies, NSC,3
1 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
67685 (November 29, 2021).
3 NSC is a single entity comprised of the
following companies: Nippon Steel Corporation;
Nippon Steel Nisshin Co., Ltd.; and Nippon Steel
Trading Corporation. 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).
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as the mandatory respondent.4 On June
13, 2022, we extended the deadline for
the preliminary results of this review by
an additional 117 days, in accordance
with section 751(a)(3)(A) of the Act and
19 CFR 351.213(h)(1), until October 28,
2022s.5 For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6
Scope of the Order
The merchandise covered by the
Order is hot-rolled steel from Japan. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.7
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a) of the Act. Export
price and constructed export price were
calculated in accordance with section
772 of the Act. Normal value is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). Access to ACCESS is
available to registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Rate for Non-Examined Company
The Act 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
4 See Memorandum, ‘‘Respondent Selection for
the 2020–2021 Antidumping Duty Administrative
Review of Certain Hot-Rolled Steel Flat Products
from Japan,’’ dated February 23, 2022.
5 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from Japan: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review—2020–2021,’’ dated June
13, 2022.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Reviews: Certain Hot-Rolled Steel
Flat Products from Japan; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
7 Id.
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Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Notices
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.
In this review, we have preliminarily
calculated a weighted-average dumping
margin for NSC that is not zero, de
minimis, or determined entirely on the
basis of facts available. Accordingly,
Commerce preliminarily has assigned to
the company not individually
examined, Tokyo Steel Manufacturing
Co., Ltd., a margin of 7.81 percent,
which is NSC’s calculated weightedaverage dumping margin.
Preliminary Results
We preliminarily determine the
following weighted-average dumping
margins for the period October 1, 2020,
through September 30, 2021:
Weightedaverage
dumping
margin
(percent)
Producer/exporter
351.106(c)(2). If NSC’s weighted-average
dumping margin is zero or de minimis
in the final results of review, we will
instruct CBP not to assess duties on any
of its entries in accordance with the
Final Modification for Reviews, i.e.,
‘‘{w}here the weighted-average margin
of dumping for the exporter is
determined to be zero or de minimis, no
antidumping duties will be assessed.’’ 8
For entries of subject merchandise
during the POR produced by NSC for
which the producer did not know 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 (or companies)
involved in the transaction.9 For the
companies which were not selected for
individual examination, we intend to
assign an assessment rate based on the
methodology described in the ‘‘Rate for
Non-Examined Company’’ section
above.
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 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).
Cash Deposit Requirements
The following deposit requirements
7.81 will be effective upon publication of the
notice of final results of this
7.81 administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
Assessment Rates
consumption on or after the date of
Upon completion of the
publication, as provided by section
administrative review, Commerce shall
751(a)(2)(C) of the Act: (1) the cash
determine, and U.S. Customs and
deposit rate for each specific company
Border Protection (CBP) shall assess,
listed above will be that established in
antidumping duties on all appropriate
the final results of this review, except if
entries. If the weighted-average
the rate is less than 0.50 percent and,
dumping margin for NSC is not zero or
therefore, de minimis within the
de minimis (i.e., less than 0.5 percent)
meaning of 19 CFR 351.106(c)(1), in
in the final results of this review, we
which case the cash deposit rate will be
will calculate importer-specific ad
zero; (2) for previously investigated
valorem assessment rates for the
companies not participating in this
merchandise based on the ratio of the
review, the cash deposit will continue
total amount of dumping calculated for
to be the company-specific rate
the examined sales made during the
published for the most recentlyPOR to each importer and the total
entered value of those same sales, in
8 See Antidumping Proceedings: Calculation of
accordance with 19 CFR 351.212(b)(1).
the Weighted-Average Dumping Margin and
Where an importer-specific ad valorem
Assessment Rate in Certain Antidumping
assessment rate is zero or de minimis in Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
the final results of review, we will
Reviews).
instruct CBP to liquidate the appropriate
9 See Antidumping and Countervailing Duty
entries without regard to antidumping
Proceedings: Assessment of Antidumping Duties, 68
duties in accordance with 19 CFR
FR 23954 (May 6, 2003).
khammond on DSKJM1Z7X2PROD with NOTICES
Nippon Steel Corporation/Nippon
Steel Nisshin Co., Ltd./Nippon
Steel Trading Corporation .......
Tokyo Steel Manufacturing Co.,
Ltd ...........................................
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66131
completed segment of this proceeding in
which the company participated; (3) if
the exporter is not a firm covered in this
review, or the underlying investigation,
but the manufacturer is, then the cash
deposit rate will be the rate established
for the most recent segment for the
manufacturer of the merchandise; and
(4) the cash deposit rate for all other
manufacturers or exporters will
continue to be 5.58 percent, the allothers rate established in the less-thanfair-value investigation.10 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, the content of
which is limited to issues raised in the
case briefs, may be filed no later than
seven days after the date for filing case
briefs.11 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.12 Case and
rebuttal briefs should be filed using
ACCESS 13 and must be served on
interested parties.14 Executive
summaries should be limited to five
pages total, including footnotes. 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 via ACCESS. An
electronically filed request must be
received successfully in its entirety by
5:00 p.m. Eastern Time within 30 days
of the date of publication of this
notice.16 Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues
parties intend to discuss. If a request for
10 See
Order.
19 CFR 351.309(d).
12 See 19 CFR 351.309(c)(2) and (d)(2).
13 See generally 19 CFR 351.303.
14 See 19 CFR 351.303(f).
15 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
16 See 19 CFR 351.310(c).
11 See
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66132
Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Notices
a hearing is made, Commerce intends to
hold the hearing at a date and time to
be determined.17 Parties should confirm
the date, time, and location of the
hearing two days before the scheduled
date.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any case or rebuttal
briefs, no later than 120 days after the
date of publication of this notice, unless
extended.18
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties.
Dated: October 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Nominations to serve on the
Commission must be submitted by 5
p.m. eastern time on November 17,
2022. After initial members are
appointed, nominations for the
Commission will be accepted on an
ongoing basis and will be considered if
vacancies arise.
ADDRESSES: Please submit nominations
to Alicia Chambers, Committee Liaison
Officer, National Institute of Standards
and Technology, 100 Bureau Drive, MS
1000, Gaithersburg, MD 20899 or via
email to alicia.chambers@nist.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
S. Shyam Sunder, Director of the
Special Programs Office and Chief Data
Officer, National Institute of Standards
and Technology, at 301–975–6713 or
sunder@nist.gov.
SUPPLEMENTARY INFORMATION:
Appendix
Commission Information
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Examined Company
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
The NIST Director intends for a new
federal advisory committee to be
established, the NIST Safety
Commission (Commission). The
Commission would provide advice to
the NIST Director on matters relating to
NIST safety policies; safety management
system, practices, and performance; and
safety culture. It is anticipated that the
Commission would carry out its
activities over the period of one year,
and convene approximately three times.
The Commission would function solely
as an advisory body, in accordance with
the provisions of Federal Advisory
Committee Act, as amended, 5 U.S.C.
app. The Commission would be tasked
with assessing the state of NIST’s safety
culture and how effectively the existing
safety protocols and policies have been
implemented across NIST. The
Commission may consider:
a. the quality and completeness of
NIST safety directives and programs;
b. the performance of safety protocols;
and
c. the impacts of the pandemic and
hybrid work environment on safety.
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.
[FR Doc. 2022–23827 Filed 11–1–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Call for Nominations To Serve on the
NIST Safety Commission
khammond on DSKJM1Z7X2PROD with NOTICES
The Director of the National
Institute of Standards and Technology
(NIST) intends for a new federal
advisory committee to be established,
the NIST Safety Commission
(Commission). The Commission would
provide advice to the NIST Director on
matters relating to NIST safety policies;
safety management system, practices,
and performance; and safety culture.
NIST invites and requests nominations
of individuals for appointment to the
Commission. Registered federal
lobbyists may not serve on NIST federal
advisory committees in an individual
capacity.
SUMMARY:
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice.
AGENCY:
17 See
19 CFR 351.310(d).
section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
18 See
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The Commission would submit oral
and written reports to the NIST Director
on its findings, including an oral
briefing of its preliminary findings
within 75 days of beginning its
activities, and written findings within
150 days of beginning its activities.
Members of the Commission would be
appointed by the Director of NIST. The
Commission would be composed of not
more than seven members who are
qualified to provide advice to the NIST
Director on matters relating to safety
policies; safety management system,
practices, and performance; and safety
culture.
Commission membership would be
balanced fairly and drawn from
industry, academia, federal laboratories,
and other relevant sectors. Membership
would also consider balance among the
broad diversity of disciplinary
specialties represented in the NIST
Laboratories, including the physical
sciences; chemical, biological, and
materials sciences and engineering;
structural engineering and fire research;
manufacturing and mechanical
engineering; and information and
communication technologies. NIST will
consider candidates with established
records of distinguished service who are
either a current or former member of the
NIST Visiting Committee on Advanced
Technology, a member of the first or
second NIST Blue Ribbon Commission
on Management and Safety, or a
qualified expert with public or private
sector experience in one or more of the
following areas: (a) management and
organizational structure; (b) laboratory
management and safety (c) safety
training and operations; (d) hazardous
materials safety and security; (e)
emergency medical response; and (f)
organizational safety culture.
Each member would serve for the
duration of the Commission. Members
would serve in their personal capacities
as Special Government Employees
(SGEs) as that term is defined in 18
U.S.C. 202. SGEs are subject to conflictof-interest laws and regulations,
including (but not limited to) the
obligation to annually file a New
Entrant Confidential Financial
Disclosure Report (OGE Form 450) and
complete ethics training. Members of
the Commission who are full-time or
permanent part-time federal officers or
employees would be appointed
pursuant to 41 CFR 102.3.130(h) to
serve as Regular Government Employee
(RGE) members. Members would be
individually advised of the capacity in
which they will serve through their
appointment letters.
The Director of NIST would appoint
the Commission Chair and a Vice-Chair
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]]>Agencies
[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66130-66132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23827]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-874]
Certain Hot-Rolled Steel Flat Products From Japan: Preliminary
Results of Antidumping Duty Administrative Review: 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that 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, 2020, through September 30, 2021.
DATES: Applicable November 2, 2022.
FOR FURTHER INFORMATION CONTACT: Jack Zhao, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1396.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on hot-rolled steel from Japan in accordance with section
751(a)(1)(B) of Tariff Act of 1930, as amended (the Act).\1\ Commerce
initiated this administrative review on November 29, 2021, covering two
producers and/or exporters.\2\ We selected one of these companies,
NSC,\3\ as the mandatory respondent.\4\ On June 13, 2022, we extended
the deadline for the preliminary results of this review by an
additional 117 days, in accordance with section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1), until October 28, 2022s.\5\ For a detailed
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 67685 (November 29, 2021).
\3\ NSC is a single entity comprised of the following companies:
Nippon Steel Corporation; Nippon Steel Nisshin Co., Ltd.; and Nippon
Steel Trading Corporation. 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).
\4\ See Memorandum, ``Respondent Selection for the 2020-2021
Antidumping Duty Administrative Review of Certain Hot-Rolled Steel
Flat Products from Japan,'' dated February 23, 2022.
\5\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from Japan: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review--2020-2021,'' dated June 13,
2022.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Reviews: Certain Hot-
Rolled Steel Flat Products from Japan; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is hot-rolled steel from
Japan. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Act. Export price and constructed export
price were calculated in accordance with section 772 of the Act. Normal
value is calculated in accordance with section 773 of the Act. For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of topics discussed in the
Preliminary Decision Memorandum is attached as an appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
Access to ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for Non-Examined Company
The Act 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
[[Page 66131]]
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.
In this review, we have preliminarily calculated a weighted-average
dumping margin for NSC that is not zero, de minimis, or determined
entirely on the basis of facts available. Accordingly, Commerce
preliminarily has assigned to the company not individually examined,
Tokyo Steel Manufacturing Co., Ltd., a margin of 7.81 percent, which is
NSC's calculated weighted-average dumping margin.
Preliminary Results
We preliminarily determine the following weighted-average dumping
margins for the period October 1, 2020, through September 30, 2021:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./ 7.81
Nippon Steel Trading Corporation...........................
Tokyo Steel Manufacturing Co., Ltd.......................... 7.81
------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. If the weighted-average
dumping margin for NSC is not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review, we will calculate
importer-specific ad valorem assessment rates for the merchandise based
on the ratio of the total amount of dumping calculated for the examined
sales made during the POR to each importer and the total entered value
of those same sales, in accordance with 19 CFR 351.212(b)(1). Where an
importer-specific ad valorem assessment rate is zero or de minimis in
the final results of review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties in accordance
with 19 CFR 351.106(c)(2). If NSC's weighted-average dumping margin is
zero or de minimis in the final results of review, we will instruct CBP
not to assess duties on any of its entries in accordance with the Final
Modification for Reviews, i.e., ``{w{time} here the weighted-average
margin of dumping for the exporter is determined to be zero or de
minimis, no antidumping duties will be assessed.'' \8\
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\8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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For entries of subject merchandise during the POR produced by NSC
for which the producer did not know 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
(or companies) involved in the transaction.\9\ For the companies which
were not selected for individual examination, we intend to assign an
assessment rate based on the methodology described in the ``Rate for
Non-Examined Company'' section above.
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\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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
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).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for each specific company listed above will be that
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for previously investigated companies not participating in this
review, the cash deposit will continue to be the company-specific rate
published for the most recently-completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, or the underlying investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recent segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 5.58 percent, the all-others rate
established in the less-than-fair-value investigation.\10\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\10\ See Order.
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice. Rebuttal briefs, the content of which is limited to
issues raised in the case briefs, may be filed no later than seven days
after the date for filing case briefs.\11\ 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.\12\ Case and rebuttal
briefs should be filed using ACCESS \13\ and must be served on
interested parties.\14\ Executive summaries should be limited to five
pages total, including footnotes. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\15\
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\11\ See 19 CFR 351.309(d).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See generally 19 CFR 351.303.
\14\ See 19 CFR 351.303(f).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed via ACCESS. An
electronically filed request must be received successfully in its
entirety by 5:00 p.m. Eastern Time within 30 days of the date of
publication of this notice.\16\ Requests should contain: (1) the
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues parties intend to discuss. If a
request for
[[Page 66132]]
a hearing is made, Commerce intends to hold the hearing at a date and
time to be determined.\17\ Parties should confirm the date, time, and
location of the hearing two days before the scheduled date.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\18\
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\18\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing 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: October 27, 2022.
Lisa W. Wang,
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. Rate for Non-Examined Company
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-23827 Filed 11-1-22; 8:45 am]
BILLING CODE 3510-DS-P
