89 FR 232 pgs. 95735-95736 - Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Final Results of Antidumping Duty Administrative Review; 2022-2023
Type: NOTICEVolume: 89Number: 232Pages: 95735 - 95736
Pages: 95735, 95736Docket number: [A-588-869]
FR document: [FR Doc. 2024-28275 Filed 12-2-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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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; 2022-2023
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that certain producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR) May 1, 2022, through April 30, 2023.
DATES:
Applicable December 3, 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 23, 2024, Commerce published the Preliminary Results and invited comments from interested parties. 1 On June 21, 2024, Toyo Kohan Co., Ltd. (Toyo Kohan), the sole mandatory respondent, submitted its case brief. On June 27, 2024, Thomas Steel Strip Corporation (the petitioner) submitted its rebuttal brief. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 2 On August 27, 2024, Commerce extended the deadline for these final results until November 26, 2024. 3 For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum. 4 Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).
Footnotes:
1 ? See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023, 89 FR 45638 (May 23, 2024) ( Preliminary Results ), and accompanying Preliminary Decision Memorandum (PDM).
2 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated July 22, 2024.
3 ? See Memorandum, "Extension of Deadline for Final Results of 2022-2023 Antidumping Duty Administrative Review," dated August 27, 2024.
4 ? See Memorandum, "Issues and Decision Memorandum for the Final 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 (Issues and Decision Memorandum).
Scope of the Order? 5
Footnotes:
5 ? See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29, 2014) ( Order ).
The products subject to the Order are nickel-plated steel products. For a full description of the scope of the Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
[top] All issues raised in the case and rebuttal briefs are listed in the appendix
Changes Since the Preliminary Results
Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made certain changes to the weighted-average dumping margin calculations for Toyo Kohan. 6
Footnotes:
6 ?For a full description of these changes, see Issues and Decision Memorandum.
Final Results of Review
For these final results, we determine the following estimated weighted-average dumping margin exists for the period May 1, 2022, through April 30, 2023:
| Producer or exporter | Weighted- average dumping margin (percent) |
|---|---|
| Toyo Kohan Co., Ltd | 4.44 |
Disclosure
Commerce intends to disclose the calculations performed for Toyo Kohan in connection with these final results to interested parties 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 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 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 ( i.e., less than 0.5 percent), we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
Commerce's "automatic assessment" practice will apply to entries of subject merchandise during the POR produced by Toyo Kohan for which it did not know that the merchandise it sold to an intermediary ( e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, 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, 7 if there is no rate for the intermediate company(ies) involved in the transaction.
Footnotes:
7 ? See Order, 79 FR 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
The following cash 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 that is 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 or reviewed companies not listed above, 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 participated; (3) if the exporter is not a firm covered in this review, a prior review, or the LTFV investigation, but the producer is, the cash deposit rate will be the cash deposit rate established for the most recently completed segment for the producer of the subject 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. 8 These deposit requirements, when imposed, shall remain in effect until further notice.
Footnotes:
8 ? See Order, 79 FR 30816.
Administrative Protective Order
This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition 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 return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
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 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.
Notification to Interested Parties
This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 25, 2024.
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: Date of Sale
Comment 2: Incorrect Comparison Market Datasets Used in Preliminary Results
VI. Recommendation
[FR Doc. 2024-28275 Filed 12-2-24; 8:45 am]
BILLING CODE 3510-DS-P