Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Results of Antidumping Duty Administrative Review, and Rescission, in Part; 2021-2022, 37029-37031 [2023-11963]
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
Notification to Importers
DEPARTMENT OF COMMERCE
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 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 duties occurred and the
subsequent assessment of doubled
antidumping duties.
International Trade Administration
Notification to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix II
Companies Not Selected for Individual
Examination
1. Bali Natural Latex
2. CV. Aumireta Anggun
3. CV. Lautan Rezeki
4. Duta Abadi Primantara, Pt
5. Ecos Jaya JL Pasir Awi
6. Mimpi
7. PT. Ateja Multi Industri
8. PT. Ateja Tritunggal
9. PT. Aurora World Cianjur
10. P.T. Barat Daya Gemilang
11. PT. CJ Logistics Indonesia
12. PT. Cahaya Buana Furindotama;
13. PT Celebes Putra Prima
14. PT Demak Putra Mandiri
15. PT. Dinamika Indonusa Prima
16. PT. Dunlopillo Indonesia
17. PT. Dynasti Indomegah
18. PT Graha Anom Jaya
19. PT Graha Seribusatujaya
20. PT Kline Total Logistics Indonesia
21. PT. Massindo International
22. PT. Ocean Centra Furnindo
23. PT. Quantum Tosan Internasional
24. PT. Romance Bedding & Furniture
25. PT. Royal Abadi Sejahtera
26. PT Rubberfoam Indonesia
27. PT Solo Murni Epte
28. PT. Transporindo Buana Kargotama
29. Sonder Canada Inc
30. Super Poly Industry PT
[FR Doc. 2023–12050 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DS–P
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Jkt 259001
Environmental Technologies Trade
Advisory Committee
International Trade
Administration, Department of
Commerce.
ACTION: Notice of an open meeting of a
federal advisory committee.
AGENCY:
The Environmental
Technologies Trade Advisory
Committee (ETTAC) will hold a hybrid
meeting, accessible in-person and
online, on Tuesday June 20, 2023 at the
U.S. Department of Commerce in
Washington, DC. The meeting is open to
the public with registration instructions
provided below. This notice sets forth
the schedule and proposed topics for
the meeting.
DATES: The meeting is scheduled for
Tuesday, June 20, 2023 from 8:45 a.m.
to 3:30 p.m. Eastern Daylight Time
(EDT). The deadline for members of the
public to register to participate,
including requests to make comments
during the meeting and for auxiliary
aids, or to submit written comments for
dissemination prior to the meeting, is
5:00 p.m. EDT on Friday, June 16, 2023.
ADDRESSES: The meeting will be held
virtually as well as in-person in the
Research Library at the U.S. Department
of Commerce Herbert Clark Hoover
building, 1401 Constitution Avenue
NW, Washington, DC 20230. Requests to
register to participate in-person or
virtually (including to speak or for
auxiliary aids) and any written
comments should be submitted via
email to Ms. Megan Hyndman, Office of
Energy & Environmental Industries,
International Trade Administration, at
Megan.Hyndman@trade.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Megan Hyndman, Office of Energy &
Environmental Industries, International
Trade Administration (Phone: 202–823–
1839; email: Megan.Hyndman@
trade.gov).
SUMMARY:
The
ETTAC is mandated by Section 2313(c)
of the Export Enhancement Act of 1988,
as amended, 15 U.S.C. 4728(c), to advise
the Environmental Trade Working
Group of the Trade Promotion
Coordinating Committee, through the
Secretary of Commerce, on the
development and administration of
programs to expand U.S. exports of
environmental technologies, goods,
services, and products. The ETTAC was
most recently re-chartered through
August 16, 2024.
SUPPLEMENTARY INFORMATION:
PO 00000
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37029
On Tuesday, June 20, 2023 from 8:45
a.m. to 3:30 p.m. EDT, the ETTAC will
hold the second meeting of its current
charter term. The Committee, with
officials from the U.S. Department of
Commerce and other agencies, will
discuss issues affecting the
competitiveness of the U.S.
environmental technologies industry,
including U.S. leadership in
international standards development,
U.S. government market intelligence
resources, and U.S. advocacy efforts
with bilateral and multilateral partners.
An agenda will be made available one
week prior to the meeting upon request
to Megan Hyndman.
The meeting will be open to the
public and time will be permitted for
public comment before the close of the
meeting. Members of the public seeking
to attend the meeting are required to
register by Friday, June 16, 2023, at 5:00
p.m. EDT, via the contact information
provided above. This meeting is
physically accessible to people with
disabilities. Requests for sign language
interpretation or other auxiliary aids
should be directed to OEEI at
Megan.Hyndman@trade.gov or (202)
823–1839 no less than one week prior
to the meeting. Requests received after
this date will be accepted, but it may
not be possible to accommodate them.
Written comments concerning ETTAC
affairs are welcome any time before or
after the meeting. To be considered
during the meeting, written comments
must be received by Friday, June 16,
2023, at 5:00 p.m. EDT to ensure
transmission to the members before the
meeting. Minutes will be available
within 30 days of this meeting.
Dated: June 1, 2023.
Man K. Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2023–12083 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–869]
Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan:
Preliminary Results of Antidumping
Duty Administrative Review, and
Rescission, in Part; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that sales of subject
AGENCY:
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37030
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
merchandise were made at less than
normal value during the period of
review (POR), May 1, 2021, through
April 30, 2022. We are also rescinding
this review with respect to Nikken Las
Industry Co., Ltd. (Nikken) and Taiyo
Manufacturing Co., Ltd. (Taiyo). We
invite interested parties to comment on
these preliminary results.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Amaris Wade, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6334.
SUPPLEMENTARY INFORMATION:
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 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. A list of
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice.
Background
In May 2014, Commerce published in
the Federal Register the antidumping
duty order on diffusion-annealed,
nickel-plated flat-rolled steel products
(nickel-plated steel products) from
Japan.1 On July 14, 2022, based on
timely requests for review, in
accordance with 19 CFR
351.221(c)(1)(i), we initiated an
administrative review on nickel-plated
steel products from Japan with respect
to three producer/exporters of the
subject merchandise, Toyo Kohan Co.,
Ltd. (Toyo Kohan), Nikken, and Taiyo.2
On October 4 and 5, 2022, Thomas
Steel Strip Corporation, a domestic
interested party, withdrew its request
for review of Nikken and Taiyo.3 On
January 11, 2023, Commerce extended
the preliminary results of this review to
no later than May 31, 2023.4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
Scope of the Order
1 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Antidumping
Duty Order, 79 FR 30816 (May 29, 2014) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022).
3 See Thomas Steel Strip Corporation’s Letters,
‘‘Diffusion-Annealed, Nickel-Plated Flat-Rolled
Steel Products from Japan: Petitioners’ Withdrawal
of Request for 2020/2021 Administrative Review for
Nikken and Taiyo,’’ dated October 4, 2022, and
‘‘Diffusion-Annealed, Nickel-Plated Flat-Rolled
Steel Products from Japan: Errata to Petitioner’s
October 4, 2022, Partial Withdrawal of Review
Request,’’ dated October 5, 2022, (collectively,
Thomas Withdrawal Letters).
4 See Memorandum, ‘‘Extension of the Deadline
for Preliminary Results of the 2021–2022
Antidumping Duty Administrative Review,’’ dated
January 11, 2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021–2022
Administrative Review of the Antidumping Duty
Order on Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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The merchandise subject to the order
is diffusion-annealed, nickel-plated flatrolled steel products from Japan. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Export price is
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.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
a timely-filed withdrawal request from
Thomas Steel Strip Corporation on
October 4 and 5, 2022, for Nikken and
Taiyo.6 Because the withdrawal requests
were timely filed, and no other party
requested a review of these companies,
in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the Order with respect to
Nikken and Taiyo.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margin exists for the period May 1,
2021, through April 30, 2022:
6 See Thomas Withdrawal Letters October 4 and
5, 2022.
PO 00000
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Fmt 4703
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Producer/exporter
Weightedaverage
dumping
margin
(percent)
Toyo Kohan Co., Ltd ..................
57.32
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.7
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.8
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the deadline for
filing case briefs.9 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.10 Case and rebuttal briefs
should be filed using ACCESS,11 and
must be served on interested parties.12
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.13
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, U.S. Department of
Commerce, filed electronically via
ACCESS within 30 days after the date of
publication of this notice.14 Hearing
requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing.15 Parties are reminded that
all briefs and hearing requests must be
filed electronically using ACCESS and
received successfully in their entirety by
7 See
19 CFR 351.224(b).
19 CFR 351.309(c).
9 Commerce is exercising its discretion, under 19
CFR 351.309(d)(1), to alter the time limit for filing
of rebuttal briefs.
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 See 19 CFR 351.303.
12 See 19 CFR 351.303(f); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
13 See Temporary Rule.
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.310(d).
8 See
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
5:00 p.m. Eastern Time on the
established deadline.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice, unless
otherwise extended.16
Assessment Rates
Upon completion of the final results
of this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries.17 Pursuant to 19 CFR
351.212(b)(1), If Toyo Kohan’s
weighted-average dumping margin is
not zero or de minimis, we will
calculate importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.18
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Toyo Kohan for
which it did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate established in the original less-thanfair-value (LTFV) investigation (i.e.,
45.42 percent) if there is no rate for the
intermediate company(ies) involved in
the transaction.19
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
16 See
section 751(a)(3)(A) of the Act.
17 See 19 CFR 351.212(b).
18 See section 751(a)(2)(C) of the Act.
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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statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following 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 the company listed
above will be equal to the weightedaverage dumping margin established in
the final results of this review, except if
the rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously reviewed or
investigated companies not covered in
this review, the cash deposit rate will
continue to be the company-specific
cash deposit 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, a prior review, or the original
LTFV investigation, but the producer is,
then the cash deposit rate will be the
cash deposit rate established for the
most recently completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 45.42 percent, the
all-others rate established in the LTFV
investigation.20 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
20 See
PO 00000
Order.
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37031
Dated: May 26, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023–11963 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–968]
Aluminum Extrusions From the
People’s Republic of China: Final
Results of Countervailing Duty
Administrative Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsides are being
provided to producers and exporters of
aluminum extrusions from the People’s
Republic of China (China) during the
period of review (POR) of January 1,
2021, through December 31, 2021.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT:
James Hepburn, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1882.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 3, 2023, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register and invited interested
parties to comment.1 We received no
comments from interested parties on the
Preliminary Results, and we have
otherwise made no changes from the
Preliminary Results. Accordingly, no
decision memorandum accompanies
this Federal Register notice; the
Preliminary Results and accompanying
PDM are hereby adopted in these final
results. Commerce conducted this
1 See Aluminum Extrusions from the People’s
Republic of China: Preliminary Results of
Countervailing Duty Administrative Review, and
Rescission, in Part; 2021, 88 FR 7404 (February 3,
2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
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]]>Agencies
[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37029-37031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11963]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-869]
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From
Japan: Preliminary Results of Antidumping Duty Administrative Review,
and Rescission, in Part; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sales of subject
[[Page 37030]]
merchandise were made at less than normal value during the period of
review (POR), May 1, 2021, through April 30, 2022. We are also
rescinding this review with respect to Nikken Las Industry Co., Ltd.
(Nikken) and Taiyo Manufacturing Co., Ltd. (Taiyo). We invite
interested parties to comment on these preliminary results.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT: Amaris Wade, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-6334.
SUPPLEMENTARY INFORMATION:
Background
In May 2014, Commerce published in the Federal Register the
antidumping duty order on diffusion-annealed, nickel-plated flat-rolled
steel products (nickel-plated steel products) from Japan.\1\ On July
14, 2022, based on timely requests for review, in accordance with 19
CFR 351.221(c)(1)(i), we initiated an administrative review on nickel-
plated steel products from Japan with respect to three producer/
exporters of the subject merchandise, Toyo Kohan Co., Ltd. (Toyo
Kohan), Nikken, and Taiyo.\2\
---------------------------------------------------------------------------
\1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29,
2014) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022).
---------------------------------------------------------------------------
On October 4 and 5, 2022, Thomas Steel Strip Corporation, a
domestic interested party, withdrew its request for review of Nikken
and Taiyo.\3\ On January 11, 2023, Commerce extended the preliminary
results of this review to no later than May 31, 2023.\4\
---------------------------------------------------------------------------
\3\ See Thomas Steel Strip Corporation's Letters, ``Diffusion-
Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan:
Petitioners' Withdrawal of Request for 2020/2021 Administrative
Review for Nikken and Taiyo,'' dated October 4, 2022, and
``Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from
Japan: Errata to Petitioner's October 4, 2022, Partial Withdrawal of
Review Request,'' dated October 5, 2022, (collectively, Thomas
Withdrawal Letters).
\4\ See Memorandum, ``Extension of the Deadline for Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review,''
dated January 11, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
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 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. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is diffusion-annealed, nickel-
plated flat-rolled steel products from Japan. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price is 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.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from Thomas Steel Strip Corporation on October
4 and 5, 2022, for Nikken and Taiyo.\6\ Because the withdrawal requests
were timely filed, and no other party requested a review of these
companies, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding this review of the Order with respect to Nikken and Taiyo.
---------------------------------------------------------------------------
\6\ See Thomas Withdrawal Letters October 4 and 5, 2022.
---------------------------------------------------------------------------
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period May 1,
2021, through April 30, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Toyo Kohan Co., Ltd........................................ 57.32
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\7\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\8\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the deadline for filing case briefs.\9\ 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.\10\ Case and rebuttal
briefs should be filed using ACCESS,\11\ and must be served on
interested parties.\12\ 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.\13\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c).
\9\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303.
\12\ See 19 CFR 351.303(f); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See Temporary Rule.
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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, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\14\ Hearing requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\15\ Parties are reminded that all
briefs and hearing requests must be filed electronically using ACCESS
and received successfully in their entirety by
[[Page 37031]]
5:00 p.m. Eastern Time on the established deadline.
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\14\ See 19 CFR 351.310(c).
\15\ 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 issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\16\
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\16\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries.\17\
Pursuant to 19 CFR 351.212(b)(1), If Toyo Kohan's weighted-average
dumping margin is not zero or de minimis, we will calculate importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
either the respondent's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific rate is zero or de minimis, we will instruct CBP to liquidate
the appropriate entries without regard to antidumping duties. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\18\
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\17\ See 19 CFR 351.212(b).
\18\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Toyo
Kohan for which it did not know that the merchandise was destined for
the United States, we will instruct CBP to liquidate those entries at
the all-others rate established in the original less-than-fair-value
(LTFV) investigation (i.e., 45.42 percent) 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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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 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 the company
listed above will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for previously reviewed or investigated companies not covered in
this review, the cash deposit rate will continue to be the company-
specific cash deposit 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, a prior review, or the original LTFV
investigation, but the producer is, then the cash deposit rate will be
the cash deposit rate established for the most recently completed
segment of this proceeding for the producer of the merchandise; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 45.42 percent, the all-others rate established in the
LTFV investigation.\20\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\20\ See Order.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 26, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-11963 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
