Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Final Results of Antidumping Duty Administrative Review; 2021-2022, 85590-85592 [2023-26936]
Download as PDF
85590
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices
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 analysis of the
comments received from interested
parties, Commerce has made no changes
to the margin calculations for MAL.
Final Results of Review
We determine that the following
weighted-average dumping margins
exist for the period May 1, 2022,
through April 30, 2022.
Exporter/producer
Weightaverage
dumping
margin
(percent)
Maithan Alloys Limited ...............
1.01
khammond on DSKJM1Z7X2PROD with NOTICES
Disclosure
We have not made changes to the
margin calculations for MAL in these
final results of review. Consequently,
there are no new calculations to disclose
in accordance with 19 CFR 351.224(b)
for these final results of review.
Assessment Rates
Commerce has determined, and CBP
shall assess, antidumping duties on all
appropriate entries in this review, in
accordance with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b).
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of
these final results 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).
Consistent with Commerce’s
clarification of its assessment practice,
for entries of subject merchandise
during the POR produced by the abovereferenced respondent for which they
did not know the merchandise was
destined for the United States, we will
instruct CBP to liquidate such entries at
the all-others rate established in the
less-than-fair-value (LTFV) investigation
of 17.74 percent ad valorem if there is
no rate for the intermediate
VerDate Sep<11>2014
16:50 Dec 07, 2023
Jkt 262001
company(ies) involved in the
transaction.3
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
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 the review; (2) for
subject merchandise exported by a
company not covered in this review but
covered in a prior completed segment of
the proceeding, the cash deposit rate
will continue to be the companyspecific rate published in the completed
segment for the most recent period; (3)
if the exporter is not a firm covered in
this review or the original LTFV
investigation, but the producer is, then
the cash deposit rate will be the rate
established in the completed segment
for the most recent period for the
producer of the subject merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 17.74 percent ad valorem, the allothers 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
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction 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 the return or destruction
of APO materials, or conversion to
3 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
results of administrative review in
accordance with sections 751(a) and
777(i) of the Act, and 351.221(b)(5).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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 Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Commerce’s Acceptance of
MAL’s ‘‘Third and Fourth’’ Cost
Reconciliations
Comment 2: Whether MAL’s Second
Revised Cost Reconciliation Remains
Unusable
Comment 3: Application of Adverse Facts
Available (AFA) as a Result of MAL
Failing to Submit a Usable Cost
Reconciliation
Comment 4: The Reliability of MAL’s
Home Market Sales Database
Comment 5: Application of AFA as a
Result of MAL Failing to Submit a
Usable Home Market Sales Database
Comment 6: MAL’s Adjustment to Its
Product-Specific Cost Calculations
VI. Recommendation
[FR Doc. 2023–26938 Filed 12–7–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–869]
Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan:
Final 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) determines that
Toyo Kohan Co., Ltd. (Toyo Kohan)
made sales of subject merchandise at
less than normal value during the
period of review (POR), May 1, 2021,
through April 30, 2022.
DATES: Applicable December 8, 2023.
FOR FURTHER INFORMATION CONTACT:
Amaris Wade, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
AGENCY:
E:\FR\FM\08DEN1.SGM
08DEN1
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6334.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2023, Commerce published
in the Federal Register the preliminary
results of the 2021–2022 administrative
review of the antidumping duty order
on diffusion-annealed, nickel-plated
flat-rolled steel products (nickel-plated
steel products) from Japan.1 This review
covers one producer/exporter of the
subject merchandise, Toyo Kohan. We
invited interested parties to comment on
the Preliminary Results.2 On July 6,
2023, we received case briefs from the
petitioner 3 and from Toyo Kohan.4 On
September 14, 2023, Commerce
extended the deadline for the final
results of review until December 1,
2023.5 For a complete description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.6 Commerce
conducted this review in accordance
with section 751(a)(1)(B) of the Tariff
Act of 1930, as amended (the Act).
Scope of the Order 7
The products covered by the Order
are nickel-plated steel products. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
khammond on DSKJM1Z7X2PROD with NOTICES
Analysis of Comments Received
All issues raised in the case briefs that
were submitted by parties in this
administrative review are addressed in
the Issues and Decision Memorandum
and are listed in the appendix to this
notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
1 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Preliminary
Results of Antidumping Duty Administrative
Review, and Rescission, in Part; 2021–2022, 88 FR
37029 (June 6, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Preliminary Results, 88 FR at 37029.
3 See Petitioner’s Letter, ‘‘Case Brief of Thomas
Steel Strip Corporation,’’ dated July 6, 2023. The
petitioner is Thomas Steel Strip Corporation.
4 See Toyo Kohan’s Letter, ‘‘Toyo Kohan’s Case
Brief,’’ dated July 6, 2023.
5 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated September 14, 2023.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan; 2021–2022,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
7 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Antidumping
Duty Order, 79 FR 30816 (May 29, 2014) (Order).
VerDate Sep<11>2014
16:50 Dec 07, 2023
Jkt 262001
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
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and
the comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we made certain changes to the
weighted-average dumping margin
calculations for Toyo Kohan for the final
results of review.8
Final Results of Review
We determine that the following
weighted-average dumping margin
exists for the period May 1, 2021,
through April 30, 2022:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Toyo Kohan Co., Ltd ..................
0.92
Disclosure
We intend to disclose the calculations
performed in connection with these
final results of review to interested
parties in this proceeding within five
days after public announcement of the
final results or, if there is no public
announcement, within five days of the
date of publication of the notice of final
results in the Federal Register, in
accordance with 19 CFR 351.224(b).
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.
For Toyo Kohan, we calculated
importer-specific ad valorem duty
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales and the total entered value of those
sales in accordance with 19 CFR
351.212(b)(1). Where an importerspecific 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.
For entries of subject merchandise
during the POR produced by Toyo
Kohan for which it did not know that
its merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate established in the less-thanfair-value (LTFV) investigation of 45.42
percent ad valorem,9 if there is no rate
for the intermediate company(ies)
involved in the transaction.
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
Upon publication of this notice in the
Federal Register, the following cash
deposit requirements will be effective
for all shipments of nickel-plated steel
products entered, or withdrawn from
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) the cash
deposit rates for the company subject to
this review will be equal to the
weighted-average dumping margin
established in the final results of the
review; (2) for merchandise exported by
producers or exporters not covered in
this review but covered in a prior
completed segment of the proceeding,
the cash deposit rate will continue to be
the company-specific rate published in
the completed segment for the most
recent period; (3) if the exporter is not
a firm covered in this review, a prior
review, or the original LTFV
investigation but the producer has been
covered in a prior completed segment of
this proceeding, then the cash deposit
rate will be the rate established in the
completed segment for the most recent
period 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 for this proceeding.10
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
9 See
8 See
PO 00000
Issues and Decision Memorandum.
Frm 00014
Fmt 4703
Sfmt 4703
85591
Order, 79 FR at 30816.
Order, 79 FR at 30816.
10 See
E:\FR\FM\08DEN1.SGM
08DEN1
85592
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices
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.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under the 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 the return/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 violation
which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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 Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Kohan Shoji Co., Ltd.’s (Kohan
Shoji) Billing Adjustments
Comment 2: Incorrect Date of Sale
Comment 3: Incorrect Comparison Market
Database
VI. Recommendation
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
khammond on DSKJM1Z7X2PROD with NOTICES
[A–489–501]
Circular Welded Carbon Steel Standard
Pipe and Tube Products From Turkey:
Final 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) determines that
VerDate Sep<11>2014
16:50 Dec 07, 2023
Jkt 262001
Background
On June 7, 2023, Commerce published
the Preliminary Results and invited
interested parties to comment.1 These
final results cover one producer and
exporter of subject merchandise for
which an administrative review was
initiated and not rescinded. The sole
respondent in this administrative
review is Borusan Mannesmann Boru
Sanayi ve Ticaret A.S. (Borusan
Mannesmann) and Borusan Istikbal
Ticaret T.A.S. (Istikbal) (collectively,
Borusan).2 On July 7, 2023, Borusan
submitted a case brief.3 On July 14,
2023, Wheatland Tube Company
(Wheatland), a domestic producer and
interested party, submitted a rebuttal
brief.4 On September 6, 2023,
Commerce extended the deadline for the
final results by 57 days to December 1,
2023.5 Commerce conducted this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act).
On October 12, 2022, Nucor Tubular
Products Inc. (Nucor), a petitioner in
this proceeding, withdrew its request for
an administrative review with respect to
every company except Borusan.6 With
respect to Istikbal, one of the companies
which claimed no shipments during the
POR, we continue 7 to find it to be part
of the single entity, Borusan, and we
find no record evidence that warrants
altering this treatment. Further, no party
presented comments addressing this
issue in their case briefs. Therefore,
because we find that Borusan had
shipments during this POR, we have not
made a determination of no shipments
with respect to Istikbal and the
withdrawal of request for review is
moot.
Scope of the Order 8
The scope of the Order covers circular
welded carbon steel standard pipe and
tube products from Turkey. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.9
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is provided in
the appendix 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 at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, and for the reasons
explained in the Issues and Decision
Memorandum, we made certain changes
from the Preliminary Results.10
Final Results of Administrative Review
1 See
[FR Doc. 2023–26936 Filed 12–7–23; 8:45 am]
AGENCY:
sales of circular welded carbon steel
standard pipe and tube products from
Turkey were made at less than normal
value (NV) during the period of review
(POR) May 1, 2021, through April 30,
2022.
DATES: Applicable December 8, 2023.
FOR FURTHER INFORMATION CONTACT: Paul
Kebker, AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2254.
SUPPLEMENTARY INFORMATION:
Circular Welded Carbon Steel Standard Pipe
and Tube Products From Turkey: Preliminary
Results and Partial Rescission of Antidumping Duty
Administrative Review; 2021–2022, 88 FR 37204
(June 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey: Respondent Selection,’’ dated August 30,
2022.
3 See Borusan’s Letter, ‘‘BMB’s Case Brief,’’ dated
July 7, 2023 (Borusan’s Case Brief).
4 See Wheatland’s Letter, ‘‘Rebuttal Brief,’’ dated
July 14, 2023 (Wheatland’s Rebuttal Brief).
5 See Memorandum, ‘‘Circular Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2021–
2022,’’ dated September 6, 2023.
6 See Nucor’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Revew,’’ dated October
12, 2022.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
For these final results, we determine
that the following weighted-average
7 In prior segments of this proceeding, we treated
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
and Borusan Istikbal Ticaret T.A.S. as a single
entity. See, e.g., Welded Carbon Steel Standard Pipe
and Tube Products from Turkey: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2013–2014,
80 FR 76674, 76674 n.2 (December 10, 2015).
8 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey, 51 FR 17784 (May 15, 1986) (Order).
9 See Memorandum, ‘‘Issues and Decisions
Memorandum for the Final Results of the
Antidumping Duty Administrative Review: Circular
Welded Carbon Steel Standard Pipe and Tube
Products from Turkey; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
10 Id.
E:\FR\FM\08DEN1.SGM
08DEN1
Agencies
[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85590-85592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26936]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-869]
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From
Japan: Final Results 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) determines that
Toyo Kohan Co., Ltd. (Toyo Kohan) made sales of subject merchandise at
less than normal value during the period of review (POR), May 1, 2021,
through April 30, 2022.
DATES: Applicable December 8, 2023.
FOR FURTHER INFORMATION CONTACT: Amaris Wade, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
[[Page 85591]]
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-6334.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2023, Commerce published in the Federal Register the
preliminary results of the 2021-2022 administrative review of the
antidumping duty order on diffusion-annealed, nickel-plated flat-rolled
steel products (nickel-plated steel products) from Japan.\1\ This
review covers one producer/exporter of the subject merchandise, Toyo
Kohan. We invited interested parties to comment on the Preliminary
Results.\2\ On July 6, 2023, we received case briefs from the
petitioner \3\ and from Toyo Kohan.\4\ On September 14, 2023, Commerce
extended the deadline for the final results of review until December 1,
2023.\5\ For a complete description of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\6\
Commerce conducted this review in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Preliminary Results of Antidumping Duty
Administrative Review, and Rescission, in Part; 2021-2022, 88 FR
37029 (June 6, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Preliminary Results, 88 FR at 37029.
\3\ See Petitioner's Letter, ``Case Brief of Thomas Steel Strip
Corporation,'' dated July 6, 2023. The petitioner is Thomas Steel
Strip Corporation.
\4\ See Toyo Kohan's Letter, ``Toyo Kohan's Case Brief,'' dated
July 6, 2023.
\5\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated September 14, 2023.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan; 2021-2022,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 7
---------------------------------------------------------------------------
\7\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29,
2014) (Order).
---------------------------------------------------------------------------
The products covered by the Order are nickel-plated steel products.
A full description of the scope of the Order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case briefs that were submitted by parties
in this administrative review are addressed in the Issues and Decision
Memorandum and are listed in the appendix 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and the comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes to the weighted-average dumping margin calculations for
Toyo Kohan for the final results of review.\8\
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Results of Review
We 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........................................ 0.92
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in connection with
these final results of review to interested parties in this proceeding
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of the notice of final results in the Federal Register, in
accordance with 19 CFR 351.224(b).
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.
For Toyo Kohan, we calculated importer-specific ad valorem duty
assessment rates on the basis of the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of those sales in accordance with 19 CFR 351.212(b)(1).
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.
For entries of subject merchandise during the POR produced by Toyo
Kohan for which it 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 established in the less-than-fair-value (LTFV)
investigation of 45.42 percent ad valorem,\9\ if there is no rate for
the intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------
\9\ See Order, 79 FR at 30816.
---------------------------------------------------------------------------
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
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of nickel-plated steel products entered, or withdrawn from warehouse,
for consumption on or after the date of publication as provided by
section 751(a)(2) of the Act: (1) the cash deposit rates for the
company subject to this review will be equal to the weighted-average
dumping margin established in the final results of the review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior completed segment of the proceeding, the
cash deposit rate will continue to be the company-specific rate
published in the completed segment for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original LTFV investigation but the producer has been covered in a
prior completed segment of this proceeding, then the cash deposit rate
will be the rate established in the completed segment for the most
recent period 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 for this proceeding.\10\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\10\ See Order, 79 FR at 30816.
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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
[[Page 85592]]
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.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the 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 the return/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 violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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 Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Kohan Shoji Co., Ltd.'s (Kohan Shoji) Billing
Adjustments
Comment 2: Incorrect Date of Sale
Comment 3: Incorrect Comparison Market Database
VI. Recommendation
[FR Doc. 2023-26936 Filed 12-7-23; 8:45 am]
BILLING CODE 3510-DS-P