Certain Hot-Rolled Steel Flat Products From Japan: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022, 76170-76171 [2023-24491]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76170-76171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24491]



[[Page 76170]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-874]


Certain Hot-Rolled Steel Flat Products From Japan: Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that one of the two producers/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, 2021, through September 30, 2022.

DATES: Applicable November 6, 2023.

FOR FURTHER INFORMATION CONTACT: Jack Zhao or Myrna Lobo, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1396 and (202) 482-2371, 
respectively.

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 of the Order on December 5, 2022, 
covering three producers and/or exporters.\2\ We selected two 
companies, NSC \3\ and JFE \4\ as the mandatory respondent.\5\ On March 
3, 2023, Global Tubing LLC withdrew its review request with regard to 
JFE, pursuant to 19 CFR 351.213(d)(1).\6\ As Global Tubing LLC is the 
only party that requested a review for JFE and the request for 
withdrawal is timely, Commerce is preliminarily rescinding the review 
with respect to JFE.\7\ Subsequently, Commerce selected Tokyo Steel 
Manufacturing Co, Ltd. (Tokyo Steel), as a mandatory respondent in this 
review.\8\
---------------------------------------------------------------------------

    \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, 87 FR 74404 (December 5, 2022) (Initiation 
Notice).
    \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\ JFE is a single entity comprised of JFE Shoji Corporation 
and JFE Steel Corporation. See Certain Hot-Rolled Steel Flat 
Products from Japan: Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2018-2019, 86 FR 
47615 (August 26, 2021). In the absence of record information 
indicating that Commerce should reevaluate this determination, we 
are treating these companies as a single entity for purposes of 
respondent selection.
    \5\ See Memorandum, ``Respondent Selection for the 2021-2022 
Antidumping Duty Administrative Review of Certain Hot-Rolled Steel 
Flat Products from Japan,'' dated February 23, 2023.
    \6\ See Letter from Global Tubing LLC, ``Withdrawal of Global 
Tubing LLC's Request for Administrative Review of JFE Steel and JFE 
Shoji,'' dated March 3, 2023 (JFE Letter of Withdrawal).
    \7\ See 19 CFR 351.213(d)(1).
    \8\ See Memorandum, ``Respondent Selection for the 2021-2022 
Antidumping Duty Administrative Review of Certain Hot-Rolled Steel 
Flat Products from Japan--Selection of Tokyo Steel Manufacturing 
Co., Ltd. as a Mandatory Respondent,'' dated March 7, 2023.
---------------------------------------------------------------------------

    On June 27, 2023, in accordance with section 751(a)(3)(A) of the 
Act and 19 CFR 351.213(h)(1), we extended the deadline for the 
preliminary results of this review until October 31, 2023.\9\ For a 
detailed description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\10\
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated June 27, 
2023.
    \10\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Reviews: Certain Hot-
Rolled Steel Flat Products from Japan; 2021-2022,'' 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.\11\
---------------------------------------------------------------------------

    \11\ 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rescission of Administrative Review, in Part

    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 timely-filed 
withdrawal requests for JFE.\12\ Because the withdrawal requests were 
timely filed and no other party requested a review of JFE, in 
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this 
review of the Order with respect to JFE.
---------------------------------------------------------------------------

    \12\ See JFE Letter of Withdrawal.
---------------------------------------------------------------------------

Preliminary Results

    We preliminarily determine the following estimated weighted-average 
dumping margins for the period October 1, 2021, through September 30, 
2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./            1.39
 Nippon Steel Trading Corporation...........................
Tokyo Steel Manufacturing Co., Ltd..........................        0.00
------------------------------------------------------------------------

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.\13\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) a statement of the issue;

[[Page 76171]]

(2) a brief summary of the argument; and (3) a table of 
authorities.\14\ Case and rebuttal briefs should be filed using ACCESS 
\15\ and must be served on interested parties.\16\ Executive summaries 
should be limited to five pages total, including footnotes. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\17\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See, generally, 19 CFR 351.303.
    \16\ See 19 CFR 351.303(f).
    \17\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------

    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.\18\ 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 a hearing is made, Commerce intends to hold the hearing at 
a date and time to be determined.\19\ Parties should confirm the date, 
time, and location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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.\20\
---------------------------------------------------------------------------

    \20\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
---------------------------------------------------------------------------

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 margins for NSC and Tokyo Steel are 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 
and Tokyo Steel's weighted-average dumping margins are 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.'' \21\
---------------------------------------------------------------------------

    \21\ 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).
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by NSC 
or Tokyo Steel 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.\22\
---------------------------------------------------------------------------

    \22\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    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.\23\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \23\ See Order.
---------------------------------------------------------------------------

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 31, 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. Rescission of Administrative Review, in Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2023-24491 Filed 11-3-23; 8:45 am]
BILLING CODE 3510-DS-P