Certain Hot-Rolled Steel Flat Products From Japan: Final Results of Antidumping Duty Administrative Review; 2021-2022, 39584-39586 [2024-10152]
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39584
Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Notices
1, 2022, through July 31, 2023, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue assessment instructions to CBP
regarding these entries no earlier than
35 days after the date of publication of
this notice in the Federal Register.
If we continue to treat the companies
identified in the appendix as part of the
China-wide entity in the final results,
we will instruct CBP to apply an ad
valorem assessment rate of 216.37
percent to all entries of subject
merchandise during the POR which
were produced and/or exported by those
companies. For the China-wide entity,
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). 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.
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
discussed above that have separate
rates, the cash deposit rate will continue
to be equal to the exporter-specific
weighted-average dumping margin
published of the most recentlycompleted segment of this proceeding;
(2) for all Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity, 216.37 percent; and
(3) for all non-Chinese exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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Final Results of Review
DEPARTMENT OF COMMERCE
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised by the parties in the
written comments, within 120 days of
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
International Trade Administration
Notification to Importers
This notice also 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
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.
Notification to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1)(B) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: May 2, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
Companies Under Review Determined To Be
Part of the China-Wide Entity
1. Changzhou Vista Chemical Co., Ltd.
2. Daikin Fluorochemicals (China) Co., Ltd.
3. Dongyang Weihua Refrigerants Co., Ltd.
4. Hanzhou Icetop Refrigeration Co., Ltd.
5. Jiangsu Sanmei Chemicals Co., Ltd.
6. Oasis Chemical Co., Limited
7. Puremann, Inc.
8. Sinochem Environmental Protection
Chemicals (Taicang) Co., Ltd.
9. Superfy Industrial Limited
10. Tianjin Synergy Gases Products, Co., Ltd
11. Weitron International Refrigeration
Equipment (Kunshan) Co., Ltd.
12. Weitron International Refrigeration
Equipment Co., Ltd.
13. Yangfar Industry Co., Ltd.
14. Zhejiang Lantian Environmental
Protection Fluoro Material Co. Ltd.
15. Zhejiang Quzhou Lianzhou Refrigerants
Co., Ltd.
16. Zhejiang Zhonglan Refrigeration
Technology Co., Ltd.
[FR Doc. 2024–10067 Filed 5–8–24; 8:45 am]
BILLING CODE 3510–DS–P
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[A–588–874]
Certain Hot-Rolled Steel Flat Products
From Japan: Final Results of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines that
one of the two producers/exporters of
hot-rolled steel flat products (hot-rolled
steel) from Japan, Nippon Steel
Corporation (NSC), 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.
SUMMARY:
DATES:
Applicable May 9, 2024.
Jun
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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2023, Commerce
published the preliminary results of this
review in the Federal Register and
invited interested parties to comment.1
Between December 6 and 13, 2023,
Commerce received timely filed briefs
and rebuttal briefs from NSC 2 and
Nucor Corporation (the petitioner).3 On
February 22, 2024, 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
1 See Certain Hot-Rolled Steel Flat Products from
Japan: Preliminary Results and Partial Rescission of
Antidumping Duty Administrative; 2021–2022, 88
FR 76170 (November 6, 2023) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum.
2 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).
3 See NSC’s Letter, ‘‘NSC’s Case Brief,’’ dated
December 6, 2023; see also Petitioner’s Letter,
‘‘Nucor’s Case Brief and Request for Hearing,’’ dated
December 6, 2023; NSC’s Letter, ‘‘NSC’s Rebuttal
Brief,’’ dated December 13, 2023; Petitioner’s Letter,
‘‘Nucor’s Rebuttal Brief,’’ dated December 13, 2023.
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Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Notices
Act), and 19 CFR 351.213(h)(2) until
May 3, 2024.4
For a complete summary of the events
that have occurred since Commerce
published the Preliminary Results, as
well as a full discussion of the issues
raised by parties for these final results,
see the Issues and Decision
Memorandum.5 Commerce conducted
this review in accordance with section
751(a) of the Act.
Scope of the Order 6
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.
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 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
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
did not make changes to NSC’s and
Tokyo Steel Manufacturing Co., Ltd.’s
(Tokyo Steel) preliminary results margin
calculations. For a discussion of these
changes, see the Issues and Decision
Memorandum.
Final Results of Review
Commerce determines that the
following weighted-average dumping
margins exist for the period October 1,
2021, through September 30, 2022:
Weightedaverage
dumping
margin
(percent)
Producer/exporter
Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./Nippon Steel Trading Corporation 7 .........................................................
Tokyo Steel Manufacturing Co., Ltd. ...................................................................................................................................................
Commerce intends to issue
assessment instructions to U.S. Customs
and Border Protection (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).8 Where
Commerce calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
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.9 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.10 Where an importer- (or
customer-) specific ad valorem or per-
4 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review; 2021–2022,’’ dated February 22, 2024.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Certain Hot-Rolled Steel Flat Products
from Japan; 2021–2022,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
6 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).
7 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
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in final results within five
days of any public announcement 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). However,
because Commerce did not make any
change to the Preliminary Results, there
are no calculations to disclose.
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment
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39585
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1.39
0.00
unit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.11
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by NSC or Tokyo Steel 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 allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.12
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
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.
8 See 19 CFR 351.212(b)(1).
9 Id.
10 Id.
11 See 19 CFR 351.106(c)(2).
12 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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Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Notices
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
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,13 the
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Dated: May 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the 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: Whether Commerce Should
Deduct Section 232 Duties From U.S.
Price
Comment 2: Whether Commerce Should
Use NSC’s Original Home Market (HM)
Sales Database
Comment 3: Whether Certain NSC HM
Transportation Expenses Were
Misreported Based on the Sales Term
VI. Recommendation
[FR Doc. 2024–10152 Filed 5–8–24; 8:45 am]
BILLING CODE 3510–DS–P
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 an 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.
ddrumheller on DSK120RN23PROD with NOTICES1
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.
13 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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DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–849]
Certain Paper Shopping Bags From the
Republic of Tu¨rkiye: Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing an antidumping
duty order on certain paper shopping
bags (paper shopping bags) from the
Republic of Tu¨rkiye (Tu¨rkiye).
DATES: Applicable May 9, 2024.
FOR FURTHER INFORMATION CONTACT:
Luke Caruso, 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) 482–2081.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 18, 2024, Commerce
published in the Federal Register its
affirmative final determination in the
less-than-fair-value (LTFV) investigation
of paper shopping bags from Tu¨rkiye.1
1 See Certain Paper Shopping Bags from the
Republic of Turkey: Final Affirmative
Determination of Sales at Less Than Fair Value, 89
FR 19295 (March 18, 2024) (Final Determination).
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On May 3, 2024, Commerce published
in the Federal Register a correction of
the Final Determination.2 Pursuant to
section 735(d) of the Tariff Act of 1930,
as amended (the Act), on May 2, 2024,
the ITC notified Commerce of its
affirmative final determination that an
industry in the United States is
materially injured, within the meaning
of section 735(b)(1)(A)(i) of the Act, by
reason of imports of paper shopping
bags from Tu¨rkiye that are sold in the
United States at LTFV.3
Scope of the Order
The products covered by this order
are paper shopping bags from Tu¨rkiye.
For a complete description of the scope
of this order, see the appendix to this
notice.
Antidumping Duty Order
Based on the above-referenced
affirmative final determinations, in
accordance with sections 735(c)(2) and
736 of the Act, Commerce is issuing this
antidumping duty order. Moreover,
because the ITC determined that U.S.
imports of paper shopping bags from
Tu¨rkiye are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from Tu¨rkiye, entered or
withdrawn from warehouse for
consumption, as described below, are
subject to the assessment of
antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price or constructed
export price of the merchandise, for all
relevant entries of paper shopping bags
from Tu¨rkiye. With the exception of
entries occurring after expiration of the
provisional measures period, but before
publication of the ITC’s final affirmative
injury determination, as further
described below, antidumping duties
will be assessed on unliquidated U.S.
entries of paper shopping bags from
Tu¨rkiye entered, or withdrawn from
warehouse, for consumption on or after
January 3, 2024, the date of publication
of the Preliminary Determination in this
investigation in the Federal Register.4
2 See Certain Paper Shopping Bags from the
Republic of Tu¨rkiye: Final Affirmative
Determination of Sales at Less Than Fair Value;
Correction, 89 FR 36753 (May 3, 2024).
3 See ITC’s Letter, Investigation No. 731–TA–1626
(Final), dated May 2, 2024.
4 See Certain Paper Shopping Bags from the
Republic of Turkey: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 89
FR 339 (January 3, 2024) (Preliminary
Determination).
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]]>Agencies
[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Notices]
[Pages 39584-39586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10152]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that one
of the two producers/exporters of hot-rolled steel flat products (hot-
rolled steel) from Japan, Nippon Steel Corporation (NSC), 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 May 9, 2024.
FOR FURTHER INFORMATION CONTACT: Jun 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
On November 6, 2023, Commerce published the preliminary results of
this review in the Federal Register and invited interested parties to
comment.\1\ Between December 6 and 13, 2023, Commerce received timely
filed briefs and rebuttal briefs from NSC \2\ and Nucor Corporation
(the petitioner).\3\ On February 22, 2024, 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
[[Page 39585]]
Act), and 19 CFR 351.213(h)(2) until May 3, 2024.\4\
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from Japan:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative; 2021-2022, 88 FR 76170 (November 6, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ 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).
\3\ See NSC's Letter, ``NSC's Case Brief,'' dated December 6,
2023; see also Petitioner's Letter, ``Nucor's Case Brief and Request
for Hearing,'' dated December 6, 2023; NSC's Letter, ``NSC's
Rebuttal Brief,'' dated December 13, 2023; Petitioner's Letter,
``Nucor's Rebuttal Brief,'' dated December 13, 2023.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2021-2022,'' dated February
22, 2024.
---------------------------------------------------------------------------
For a complete summary of the events that have occurred since
Commerce published the Preliminary Results, as well as a full
discussion of the issues raised by parties for these final results, see
the Issues and Decision Memorandum.\5\ Commerce conducted this review
in accordance with section 751(a) of the Act.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Hot-Rolled Steel Flat Products from Japan; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
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.
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 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 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 did not make changes to NSC's and Tokyo Steel Manufacturing
Co., Ltd.'s (Tokyo Steel) preliminary results margin calculations. For
a discussion of these changes, see the Issues and Decision Memorandum.
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period October 1, 2021, through September 30,
2022:
---------------------------------------------------------------------------
\7\ 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
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./ 1.39
Nippon Steel Trading Corporation \7\...................
Tokyo Steel Manufacturing Co., Ltd...................... 0.00
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in final results within five days of any public announcement
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). However, because Commerce did not
make any change to the Preliminary Results, there are no calculations
to disclose.
Assessment
Commerce intends to issue assessment instructions to U.S. Customs
and Border Protection (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).\8\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed 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.\9\ 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.\10\ 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.\11\
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\8\ See 19 CFR 351.212(b)(1).
\9\ Id.
\10\ Id.
\11\ See 19 CFR 351.106(c)(2).
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Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by NSC or Tokyo Steel 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.\12\
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\12\ 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
[[Page 39586]]
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,\13\ 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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\13\ 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 an
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: May 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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: Whether Commerce Should Deduct Section 232 Duties
From U.S. Price
Comment 2: Whether Commerce Should Use NSC's Original Home
Market (HM) Sales Database
Comment 3: Whether Certain NSC HM Transportation Expenses Were
Misreported Based on the Sales Term
VI. Recommendation
[FR Doc. 2024-10152 Filed 5-8-24; 8:45 am]
BILLING CODE 3510-DS-P
