Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023, 45638-45640 [2024-11265]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Notices]
[Pages 45638-45640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11265]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-869]


Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From 
Japan: Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2022-2023

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain producers/exporters subject to this 
administrative review made sales of subject merchandise at less than 
normal value (NV) during the period of review (POR),

[[Page 45639]]

May 1, 2022, through April 30, 2023. We are also partially rescinding 
this review with respect to companies for which all review requests 
were timely withdrawn. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable May 23, 2024.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD 
Operations, Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6412.

SUPPLEMENTARY INFORMATION:

Background

    On May 29, 2014, Commerce published the antidumping duty order on 
diffusion-annealed, nickel-plated flat-rolled steel products (nickel-
plated steel products) from Japan in the Federal Register.\1\ On July 
12, 2023, based on timely requests for review, we initiated an 
administrative review of the Order with respect to three companies: 
Toyo Kohan Co., Ltd. (Toyo Kohan), Nikken Las Industry Co., Ltd. 
(Nikken), and Taiyo Manufacturing Co., Ltd. (Taiyo).\2\
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    \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, 88 FR 44262 (July 12, 2023) (Initiation 
Notice).
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    On September 12, 2023, Thomas Steel Strip Corporation (the 
petitioner) timely withdrew its review request for Nikken and Taiyo.\3\ 
On January 11, 2024, Commerce extended the preliminary results of this 
review to no later than May 16, 2024.\4\
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    \3\ See Petitioner's Letter, ``Petitioners' Withdrawal of 
Request for 2022/2023 Administrative Review for Nikken and Taiyo,'' 
dated September 12, 2023 (Petitioner's Withdrawal Letter).
    \4\ See Memorandum, ``Extension of Time Limit for Preliminary 
Results,'' dated January 11, 2024.
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    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.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2022-2023 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).
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Scope of the Order

    The products subject to the Order are nickel-plated steel products 
from Japan. For a full description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Recission 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 Initiation Notice. On September 12, 2023, the 
petitioner filed a timely withdrawal of its review request for Nikken 
and Taiyo.\6\ Because no other party requested a review of these 
companies, in accordance with 19 CFR 351.213(d)(1), Commerce is 
rescinding this review with respect to Nikken and Taiyo.
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    \6\ See Petitioner's Withdrawal Letter.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated 
export price in accordance with section 772 of the Act. We calculated 
NV in accordance with section 773 of the Act. For a full description of 
the methodology underlying these preliminary results, see the 
Preliminary Decision Memorandum.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following estimated weighted-average dumping margin exists for the 
period May 1, 2022, through April 30, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
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Toyo Kohan Co., Ltd........................................       12.69
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Disclosure and Public Comment

    We intend 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 in the Federal Register.\7\ 
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, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\8\ Interested parties who submit case briefs or rebuttal briefs 
in this administrative review must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\9\
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(d)(1); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings, we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide, at the beginning of their briefs, a public 
executive summary for each issue raised in their briefs.\10\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue.
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    \10\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
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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, filed electronically via 
ACCESS within 30 days after the date of publication of this notice. 
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. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. 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.\11\
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    \11\ See 19 CFR 351.310(d).
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    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed via ACCESS.\12\

[[Page 45640]]

An electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline. Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\13\
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    \12\ See 19 CFR 351.303.
    \13\ See APO and Service Final Rule.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, no later than 120 
days after the date of publication of this notice in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).

Assessment Rates

    Upon completion of this administrative review, pursuant to section 
751(a)(2)(A) of the Act, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries covered by this review.
    Pursuant to 19 CFR 351.212(b)(1), we calculated 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 those sales. 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 assessment 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 this review and for future deposits of 
estimated duties, where applicable.\14\
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    \14\ 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 the company 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 less-than-fair-value 
(LTFV) investigation (i.e., 45.42 percent) \15\ if there is no rate for 
the intermediate company(ies) involved in the transaction.\16\
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    \15\ See Order, 79 FR at 30817.
    \16\ For a full description 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 administrative 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 rate published for the most 
recently-completed segment of this proceeding in which the company was 
reviewed; (3) if the exporter is not a firm covered in this review, a 
prior review, or the LTFV investigation, but the producer is, then the 
cash deposit rate will be the 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.\17\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \17\ See Order, 79 FR at 30817.
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Notification to Importers

    This notice 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 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 duties occurred and the subsequent 
assessment of doubled 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, and 19 CFR 351.221(b)(4).

    Dated: May 16, 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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2024-11265 Filed 5-22-24; 8:45 am]
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