Certain Hot-Rolled Steel Flat Products From Japan: Final Results of Antidumping Duty Administrative Review; 2020-2021, 28500-28502 [2023-09508]

Download as PDF 28500 Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices Disclosure We intend to disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding, in accordance with 19 CFR 351.224(b). ddrumheller on DSK120RN23PROD with NOTICES1 Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Pursuant to 19 CFR 351.212(b)(1), because Ajmal and Universal reported the entered value of their U.S. sales, we calculated importer-specific ad valorem duty assessment rates for antidumping duties based on the ratio of the total amount of dumping calculated for the examined sales to each importer to the total entered value of those sales. Where an importer-specific assessment rate is de minimis (i.e., less than 0.5 percent), the entries by that importer will be liquidated without regard to antidumping duties. Commerce’s ‘‘automatic assessment’’ will apply to entries of subject merchandise during the POR produced or exported by Ajmal or Universal for which the company did not know that the merchandise they sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.10 For the companies that were not selected for individual review, the assessment rate for antidumping duties will be equal to the weighted-average dumping margin determined in these final results. We intend 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). 10 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 17:12 May 03, 2023 Jkt 259001 Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for each 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 subject to this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, or a previous segment, but the producer is, then the cash deposit rate will be the rate established for the most recent segment for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 5.95 percent, the allothers rate established in the LTFV investigation.11 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 review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of return or destruction of APO materials or conversion to judicial 11 See Circular Welded Carbon-Quality Steel Pipe from the Sultanate of Oman, Pakistan, and the United Arab Emirates: Amended Final Affirmative Antidumping Duty Determination and Antidumping Duty Orders, 81 FR 91906, 91908 (December 19, 2016). PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: April 27, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes From the Preliminary Results V. Discussion of the Issues Comment 1: Differential Pricing Analysis Comment 2: Treatment of Section 232 Duties Comment 3: Selection of the Correct Universes of Sales for Ajmal for the Period of Review (POR) Comment 4: Calculation of Universal’s Imputed Credit Expense for U.S. Sales Comment 5: Application of Partial Adverse Facts Available (AFA) for Universal’s Reported Freight Revenue on U.S. Sales VI. Recommendation [FR Doc. 2023–09422 Filed 5–3–23; 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: Final 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) determines that Nippon Steel Corporation (NSC), producer and exporter 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 May 4, 2023. FOR FURTHER INFORMATION CONTACT: Jun 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. AGENCY: E:\FR\FM\04MYN1.SGM 04MYN1 Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices products. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.8 SUPPLEMENTARY INFORMATION: Background On November 2, 2022, Commerce published the Preliminary Results of this review in the Federal Register.1 We invited interested parties to comment on the Preliminary Results. Between December 2 and 9, 2022, Commerce received timely filed briefs and rebuttal briefs from NSC, Nucor (the petitioner), and Tokyo Steel Manufacturing Co., Ltd. (Tokyo Steel) and Optima Steel International, LLC.2 On December 2, 2022, Commerce received hearing requests from NSC and Nucor.3 On December 16, 2022 and February 10, 2023, NSC and Nucor each withdrew its hearing request, respectively.4 On February 13, 2023, we extended the deadline for the final results, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(2).5 The deadline for the final results of this review is April 28, 2023. These final results cover two producers and/or exporters of subject merchandise.6 Based on an analysis of the comments received, we made certain changes to the weighted-average dumping margins determined for NSC. 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 Act. Scope of the Order 7 ddrumheller on DSK120RN23PROD with NOTICES1 The merchandise covered by the Order is certain hot-rolled steel flat 1 See Certain Hot-Rolled Steel Flat Products from Japan: Preliminary Results of Antidumping Duty Administrative; 2020–2021; 87 FR 66130 (November 2, 2022) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See NSC’s Letter, ‘‘NSC’s Case Brief,’’ dated December 2, 2022; Nucor’s Letter, ‘‘Nucor’s Case Brief,’’ dated December 2, 2022; Tokyo Steel’s Letter, ‘‘Tokyo Steel Manufacturing Co., Ltd. and Optima Steel International LLC’s Case Brief,’’ dated December 2, 2022; NSC’s Letter, ‘‘NSC’s Rebuttal Brief,’’ dated December 9, 2022; Nucor’s Letter, ‘‘Nucor’s Rebuttal Brief,’’ dated December 9, 2022. 3 See NSC’s Letter, ‘‘NSC’s Hearing Request,’’ dated December 2, 2022; Nucor’s Letter, ‘‘Request for Hearing,’’ dated December 2, 2022. 4 See NSC’s Letter, ‘‘Withdrawl of NSC’s Hearing Request,’’ dated December 16, 2022; Nucor’s Letter, ‘‘Withdrawal of Request for Hearing,’’ dated February 10, 2023. 5 See Memorandum, ‘‘Extension of Deadline for Final Results of Antidumping Duty Administrative Review; 2020–2021,’’ dated February 13, 2023. 6 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 67685 (November 29, 2021). 7 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 VerDate Sep<11>2014 17:12 May 03, 2023 Jkt 259001 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://access.trade.gov/ public/FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on our review and analysis of the comments received from parties, we made certain changes to NSC’s 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}.’’ In this review, we have calculated a weighted-average dumping margin for NSC that is not zero, de minimis, or determined entirely on the basis of facts Antidumping Duty Orders, 81 FR 67962 (October 3, 2016) (Order). 8 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review: Certain Hot-Rolled Steel Flat Products from Japan; 2020– 2021,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 28501 available. Accordingly, Commerce has assigned to the non-examined company, Tokyo Steel, a margin of 7.72 percent, which is NSC’s calculated weightedaverage dumping margin. Final Results of Review We are assigning the following weighted-average dumping margins to the firms listed below for the period October 1, 2020, through September 30, 2021: Exporter/producer Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./Nippon Steel Trading Corporation 9 .... Tokyo Steel Manufacturing Co., Ltd. .......................................... Weightedaverage dumping margin (percent) 7.72 7.72 Assessment Consistent with its recent notice,10 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). 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).11 Where Commerce calculated a weightedaverage dumping margin by dividing the total amount of dumping for reviewed 9 Commerce found in a changed circumstances review that NSC, Nippon Steel Nisshin Co., Ltd., and Nippon Steel Trading Corporation are affiliated companies that should be treated as a single entity and as the successor-in-interest to Nippon Steel & Sumitomo Metal Corporation, Nisshin Steel Co., Ltd., and Nippon Steel & Sumikin Bussan Corporation, 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). Because there is no information on the record of this administrative review that would lead us to revisit this determination, we are continuing to treat these companies as part of a single entity for the purposes of this administrative review. 10 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). 11 See 19 CFR 351.212(b)(1). E:\FR\FM\04MYN1.SGM 04MYN1 28502 Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 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.12 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.13 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.14 For the company 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, 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.15 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 completed segment of this proceeding 12 Id. 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,16 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. Dated: April 28, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether Commerce Should Deduct Section 232 Duties From U.S. Price Comment 2: Whether Commerce Erred in Applying its Differential Pricing Analysis Comment 3: Whether Commerce Should Include Certain U.S. and Home Market 13 Id. 14 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). 15 For VerDate Sep<11>2014 17:12 May 03, 2023 Jkt 259001 16 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 Frm 00044 Fmt 4703 Sfmt 4703 Sales in its Calculation of NSC’s Dumping Margin Comment 4: Whether Commerce Should Include Certain U.S. Revenue Fields for Certain Extra Services in Calculating NSC’s Dumping Margin Comment 5: Whether NSC’s Fees Paid to Unaffiliated Trading Companies Should Be Treated as Commissions Comment 6: Whether Commerce Should Calculate a Company Specific AD Assessment Rate for Tokyo Steel VI. Recommendation [FR Doc. 2023–09508 Filed 5–3–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–887] Carbon and Alloy Steel Threaded Rod From India: Preliminary Results of Antidumping Duty Administrative Review, 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that carbon and alloy steel threaded rod (steel threaded rod) from India was sold in the United States at below normal value. The period of review (POR) is April 1, 2021, through March 31, 2022. Interested parties are invited to comment on these preliminary results. DATES: Applicable May 4, 2023. FOR FURTHER INFORMATION CONTACT: Nicolas Mayora or Samuel Frost, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3053 or (202) 482–8180, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 9, 2020, Commerce published in the Federal Register an antidumping duty order on steel threaded rod from India.1 On April 1, 2022, we published in the Federal Register a notice of opportunity to request an administrative review of the Order.2 On June 9, 2022, based on 1 See Carbon and Alloy Steel Threaded Rod from India: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 85 FR 19925 (April 9, 2020) (Order). 2 See Antidumping and Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 87 FR 19075 (April 1, 2022). E:\FR\FM\04MYN1.SGM 04MYN1

Agencies

[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28500-28502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09508]


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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; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Nippon Steel Corporation (NSC), producer and exporter 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 May 4, 2023.

FOR FURTHER INFORMATION CONTACT: Jun 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.

[[Page 28501]]


SUPPLEMENTARY INFORMATION:

Background

    On November 2, 2022, Commerce published the Preliminary Results of 
this review in the Federal Register.\1\ We invited interested parties 
to comment on the Preliminary Results. Between December 2 and 9, 2022, 
Commerce received timely filed briefs and rebuttal briefs from NSC, 
Nucor (the petitioner), and Tokyo Steel Manufacturing Co., Ltd. (Tokyo 
Steel) and Optima Steel International, LLC.\2\ On December 2, 2022, 
Commerce received hearing requests from NSC and Nucor.\3\ On December 
16, 2022 and February 10, 2023, NSC and Nucor each withdrew its hearing 
request, respectively.\4\
---------------------------------------------------------------------------

    \1\ See Certain Hot-Rolled Steel Flat Products from Japan: 
Preliminary Results of Antidumping Duty Administrative; 2020-2021; 
87 FR 66130 (November 2, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See NSC's Letter, ``NSC's Case Brief,'' dated December 2, 
2022; Nucor's Letter, ``Nucor's Case Brief,'' dated December 2, 
2022; Tokyo Steel's Letter, ``Tokyo Steel Manufacturing Co., Ltd. 
and Optima Steel International LLC's Case Brief,'' dated December 2, 
2022; NSC's Letter, ``NSC's Rebuttal Brief,'' dated December 9, 
2022; Nucor's Letter, ``Nucor's Rebuttal Brief,'' dated December 9, 
2022.
    \3\ See NSC's Letter, ``NSC's Hearing Request,'' dated December 
2, 2022; Nucor's Letter, ``Request for Hearing,'' dated December 2, 
2022.
    \4\ See NSC's Letter, ``Withdrawl of NSC's Hearing Request,'' 
dated December 16, 2022; Nucor's Letter, ``Withdrawal of Request for 
Hearing,'' dated February 10, 2023.
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    On February 13, 2023, we extended the deadline for the final 
results, in accordance with section 751(a)(3)(A) of the Tariff Act of 
1930, as amended (the Act), and 19 CFR 351.213(h)(2).\5\ The deadline 
for the final results of this review is April 28, 2023.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2020-2021,'' dated February 
13, 2023.
---------------------------------------------------------------------------

    These final results cover two producers and/or exporters of subject 
merchandise.\6\ Based on an analysis of the comments received, we made 
certain changes to the weighted-average dumping margins determined for 
NSC. 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 Act.
---------------------------------------------------------------------------

    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 67685 (November 29, 2021).
---------------------------------------------------------------------------

Scope of the Order \7\
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    \7\ 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).
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    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.\8\
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    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: Certain 
Hot-Rolled Steel Flat Products from Japan; 2020-2021,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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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://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review and analysis of the comments received from 
parties, we made certain changes to NSC's 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} .''
    In this review, we have 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 has assigned to the 
non-examined company, Tokyo Steel, a margin of 7.72 percent, which is 
NSC's calculated weighted-average dumping margin.

Final Results of Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period October 1, 2020, through 
September 30, 2021:
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    \9\ Commerce found in a changed circumstances review that NSC, 
Nippon Steel Nisshin Co., Ltd., and Nippon Steel Trading Corporation 
are affiliated companies that should be treated as a single entity 
and as the successor-in-interest to Nippon Steel & Sumitomo Metal 
Corporation, Nisshin Steel Co., Ltd., and Nippon Steel & Sumikin 
Bussan Corporation, 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). 
Because there is no information on the record of this administrative 
review that would lead us to revisit this determination, we are 
continuing to treat these companies as part of a single entity for 
the purposes of this administrative review.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./            7.72
 Nippon Steel Trading Corporation \9\.......................
Tokyo Steel Manufacturing Co., Ltd..........................        7.72
------------------------------------------------------------------------

Assessment

    Consistent with its recent notice,\10\ 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).
---------------------------------------------------------------------------

    \10\ 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).
---------------------------------------------------------------------------

    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).\11\ Where Commerce 
calculated a weighted-average dumping margin by dividing the total 
amount of dumping for reviewed

[[Page 28502]]

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.\12\ 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.\13\ 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.\14\
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ Id.
    \13\ Id.
    \14\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For the company 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, 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.\15\
---------------------------------------------------------------------------

    \15\ 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,\16\ 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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    \16\ 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: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Deduct Section 232 Duties 
From U.S. Price
    Comment 2: Whether Commerce Erred in Applying its Differential 
Pricing Analysis
    Comment 3: Whether Commerce Should Include Certain U.S. and Home 
Market Sales in its Calculation of NSC's Dumping Margin
    Comment 4: Whether Commerce Should Include Certain U.S. Revenue 
Fields for Certain Extra Services in Calculating NSC's Dumping 
Margin
    Comment 5: Whether NSC's Fees Paid to Unaffiliated Trading 
Companies Should Be Treated as Commissions
    Comment 6: Whether Commerce Should Calculate a Company Specific 
AD Assessment Rate for Tokyo Steel
VI. Recommendation

[FR Doc. 2023-09508 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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