Certain Hot-Rolled Steel Flat Products From Japan: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023, 89602-89604 [2024-26223]
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89602
Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Notices
lotter on DSK11XQN23PROD with NOTICES1
requirements pertaining to the service of
documents in 19 CFR 351.303(f).11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Compliance’s ACCESS system.12
Requests should contain the party’s
name, address, and telephone number,
the number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs.13 If a request for a
hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined. Parties should confirm
the date and time of the hearing two
days before the scheduled date. Parties
are reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
Assessment Rates
Consistent with section 751(a)(2)(C) of
the Act, upon issuance of the final
results, Commerce shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, countervailing duties
on all appropriate entries in accordance
with the final results of this review. If
the assessment rate calculated for
Pradeep Metals Limited in the final
results is zero or de minimis, we will
instruct CBP to liquidate all appropriate
entries without regard to countervailing
duties.
For the companies for which this
review is rescinded, Commerce will
instruct CBP to assess countervailing
duties on all appropriate entries at a rate
equal to the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2022, through
December 31, 2022, in accordance with
19 CFR 351.212(c)(l)(i).
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the preliminary results of
this review in the Federal Register for
those companies for which Commerce is
rescinding the review and no earlier
than 35 days after the date of
publication of the final results of this
11 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
12 See 19 CFR 351.310(c).
13 See 19 CFR 351.310.
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review in the Federal Register for
Pradeep. 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
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amounts
shown for the company listed above on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, except where the
rate calculated in the final results is zero
or de minimis, no cash deposit will be
required. For all non-reviewed firms or
companies for which we rescinded the
review, we will instruct CBP to continue
to collect cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
instructions, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.211(b)(4).
Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy 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. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024–26216 Filed 11–12–24; 8:45 am]
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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; 2022–
2023
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, 2022, through September 30,
2023.
DATES: Applicable November 13, 2024.
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:
AGENCY:
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 6, 2023,
covering ten producers and/or
exporters.2 On March 4, 2024, JFE Shoji
Corporation and JFE Shoji America, LLC
withdrew its request for review,
pursuant to 19 CFR 351.213(d)(1).3 On
March 5, 2024, the petitioner withdrew
its request for review with respect to JFE
Steel Corporation and its affiliated
companies.4 As all parties that
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, 88 FR
84784 (December 6, 2023).
3 See JFE’s Letter, ‘‘Withdrawal of Review
Request,’’ dated March 4, 2024 (JFE Letter of
Withdrawal).
4 See Petitioner Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated March
5, 2024 (Petitioner Letter of Withdrawal).
E:\FR\FM\13NON1.SGM
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89603
Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Notices
requested a review for JFE and its
affiliates have withdrawn their requests,
and the requests for withdrawal are
timely, Commerce is rescinding the
review with respect to the JFE
companies.5 The remaining companies
subject to this review are Nippon Steel
Corporation (NSC) 6 and Tokyo Steel
Manufacturing Co., Ltd. (Tokyo Steel).
On June 13, 2024, 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 30, 2024.7 On
July 22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.8 The
deadline for these preliminary results is
now November 6, 2024. For a detailed
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.9
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.10
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Methodology
Rescission of Administrative Review, in
Part
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
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.11 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 the JFE companies: JFE Steel
Corporation, JFE Shoji Corporation, JFE
Shoji Trade Corporation, and JFE Shoji
Trade America.
Preliminary Results
We preliminarily determine the
following estimated weighted-average
dumping margins for the period October
1, 2022, through September 30, 2023:
Weightedaverage
dumping
margin
(percent)
Producer/exporter
lotter on DSK11XQN23PROD with NOTICES1
Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./Nippon Steel Trading Corporation 12 .......................................................
Tokyo Steel Manufacturing Co., Ltd ....................................................................................................................................................
29.03
0.00
Disclosure and Public Comment
Commerce intends to disclose its
calculations and analysis performed to
interested parties for these preliminary
results within five days of any public
announcement or, if there is no public
announcement, 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
to Commerce no later than seven days
after the date on which the final
verification report is issued in this
review. 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.13 Interested parties
who submit case briefs or rebuttal briefs
in this proceeding must submit: (1) a
table of contents listing each issue; and
(2) a table of authorities.14
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 briefs 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.15 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the 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 executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).16
5 The JFE companies for which this
administrative review was initiated are: JFE Steel
Corporation, JFE Shoji Corporation, JFE Shoji Trade
Corporation, and JFE Shoji Trade America.
6 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).
7 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated June 13, 2024.
8 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
9 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
the Antidumping Duty Administrative Reviews:
Certain Hot-Rolled Steel Flat Products from Japan;
2022–2023,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
10 Id.
11 See JFE Letter of Withdrawal; see Petitioner
Letter of Withdrawal.
12 This rate is also applicable to Nippon Steel &
Sumikin Logistics Co., Ltd. for whom a review was
initiated and NSC identified as its wholly owned
subsidiary. See NSC’s April 17, 2024 Initial Section
A questionnaire response at Exhibit A–5 and May
24, 2024 Initial Section C questionnaire response at
C–41.
13 See 19 CFR 351.309(d); 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).
14 See 19 351.309(c)(2) and (d)(2).
15 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
16 See APO and Service Final Rule.
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89604
Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Notices
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. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants and whether any
participant is a foreign national; 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. An electronically filed hearing
request must be received successfully in
its entirety by Commerce’s electronic
records system, ACCESS, by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.
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.17
lotter on DSK11XQN23PROD with NOTICES1
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon for the final
results.
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 importerspecific 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 weightedaverage 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}here the weighted-average margin
of dumping for the exporter is
17 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
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17:40 Nov 12, 2024
Jkt 265001
determined to be zero or de minimis, no
antidumping duties will be assessed.’’ 18
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.19
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For the companies for which this
review is being rescinded, in part,
Commerce will instruct CBP to assess
antidumping duties on all appropriate
entries. Antidumping duties shall be
assessed at rates equal to the cash
deposit rate for estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). With respect to the
recission of this review, in part,
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of this
notice in the Federal Register.
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
18 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).
19 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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review, the cash deposit will continue
to be the company-specific rate
published for the most recentlycompleted 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 allothers rate established in the less-thanfair-value investigation.20 These deposit
requirements, when imposed, shall
remain in effect until further notice.
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
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: November 6, 2024.
Abdelali Elouaradia,
Deputy 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. 2024–26223 Filed 11–12–24; 8:45 am]
BILLING CODE 3510–DS–P
20 See
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Agencies
[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89602-89604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26223]
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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; 2022-2023
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, 2022, through September 30, 2023.
DATES: Applicable November 13, 2024.
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 6, 2023,
covering ten producers and/or exporters.\2\ On March 4, 2024, JFE Shoji
Corporation and JFE Shoji America, LLC withdrew its request for review,
pursuant to 19 CFR 351.213(d)(1).\3\ On March 5, 2024, the petitioner
withdrew its request for review with respect to JFE Steel Corporation
and its affiliated companies.\4\ As all parties that
[[Page 89603]]
requested a review for JFE and its affiliates have withdrawn their
requests, and the requests for withdrawal are timely, Commerce is
rescinding the review with respect to the JFE companies.\5\ The
remaining companies subject to this review are Nippon Steel Corporation
(NSC) \6\ and Tokyo Steel Manufacturing Co., Ltd. (Tokyo Steel).
---------------------------------------------------------------------------
\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, 88 FR 84784 (December 6, 2023).
\3\ See JFE's Letter, ``Withdrawal of Review Request,'' dated
March 4, 2024 (JFE Letter of Withdrawal).
\4\ See Petitioner Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated March 5, 2024 (Petitioner Letter of
Withdrawal).
\5\ The JFE companies for which this administrative review was
initiated are: JFE Steel Corporation, JFE Shoji Corporation, JFE
Shoji Trade Corporation, and JFE Shoji Trade America.
\6\ 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).
---------------------------------------------------------------------------
On June 13, 2024, 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 30, 2024.\7\ On July
22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\8\ The deadline for these preliminary results
is now November 6, 2024. For a detailed description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\9\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated June 13,
2024.
\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of the Antidumping Duty
Administrative Reviews: Certain Hot-Rolled Steel Flat Products from
Japan; 2022-2023,'' 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.\10\
---------------------------------------------------------------------------
\10\ 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.\11\ 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 the JFE companies: JFE Steel
Corporation, JFE Shoji Corporation, JFE Shoji Trade Corporation, and
JFE Shoji Trade America.
---------------------------------------------------------------------------
\11\ See JFE Letter of Withdrawal; see Petitioner Letter of
Withdrawal.
---------------------------------------------------------------------------
Preliminary Results
We preliminarily determine the following estimated weighted-average
dumping margins for the period October 1, 2022, through September 30,
2023:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./ 29.03
Nippon Steel Trading Corporation \12\..................
Tokyo Steel Manufacturing Co., Ltd...................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\12\ This rate is also applicable to Nippon Steel & Sumikin
Logistics Co., Ltd. for whom a review was initiated and NSC
identified as its wholly owned subsidiary. See NSC's April 17, 2024
Initial Section A questionnaire response at Exhibit A-5 and May 24,
2024 Initial Section C questionnaire response at C-41.
---------------------------------------------------------------------------
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, 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 to Commerce no later than seven days after the date on which the
final verification report is issued in this review. 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.\13\ Interested
parties who submit case briefs or rebuttal briefs in this proceeding
must submit: (1) a table of contents listing each issue; and (2) a
table of authorities.\14\
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\13\ See 19 CFR 351.309(d); 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).
\14\ See 19 351.309(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 briefs 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.\15\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the 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
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Final Rule.
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[[Page 89604]]
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. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants and whether any
participant is a foreign national; 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. An electronically filed hearing request
must be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the
date of publication of this notice.
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.\17\
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\17\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for the final results.
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.'' \18\
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\18\ 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).
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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.\19\
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\19\ 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).
For the companies for which this review is being rescinded, in
part, Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. Antidumping duties shall be assessed at rates
equal to the cash deposit rate for estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). With respect
to the recission of this review, in part, Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
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.\20\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\20\ See Order.
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Notification to Importers
This notice 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 preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 6, 2024.
Abdelali Elouaradia,
Deputy 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. 2024-26223 Filed 11-12-24; 8:45 am]
BILLING CODE 3510-DS-P