Certain Hot-Rolled Steel Flat Products From Japan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019
| Published date | 23 February 2021 |
| Citation | 86 FR 10920 |
| Record Number | 2021-03648 |
| Section | Notices |
| Court | International Trade Administration |
10920
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices
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, 84 FR
67712 (December 11, 2019) (Initiation Notice).
3
See Memorandum ‘‘Respondent Selection for
the 2018–2019 Antidumping Duty Administrative
Review of Certain Hot-Rolled Steel Flat Products
from Japan,’’ dated May 1, 2020.
4
See Memorandum to the Record from Jeffrey I.
Kessler, Assistant Secretary, Enforcement and
Compliance, ‘‘Tolling of Deadlines for Antidumping
and Countervailing Duty Administrative Reviews in
Response to Operational Adjustments Due to
COVID–19,’’ dated April 24, 2020.
5
See Memorandum to the Record from Jeffrey I.
Kessler, Assistant Secretary, Enforcement and
Compliance, ‘‘Tolling of Deadlines for Antidumping
and Countervailing Duty Administrative Reviews,’’
dated July 21, 2020.
6
See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from Japan: Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review—2018–2019,’’ dated
October 13, 2020.
7
See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Certain Hot-Rolled Steel
Flat Products from Japan; 2018–2019,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
8
Id.
the use of appropriate automated,
electronic, mechanical, technological, or
other forms of information technology
collection methods.
All responses to this notice will
become a matter of public record and be
summarized in the request for OMB
approval.
Signed at Washington, DC, February 16,
2021.
Kevin L. Barnes,
Associate Administrator.
[FR Doc. 2021–03608 Filed 2–22–21; 8:45 am]
BILLING CODE 3410–20–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Regulations and Procedures Technical
Advisory Committee; Notice of Meeting
The Regulations and Procedures
Technical Advisory Committee will
meet March 9, 2021, at 10:00 a.m.,
Eastern Standard Time, via remote
teleconference. The Committee advises
the Office of the Assistant Secretary for
Export Administration on
implementation of the Export
Administration Regulations (EAR) and
provides for continuing review to
update the EAR as needed.
Agenda
Public Session
1. Opening remarks by the Chairman
2. Opening remarks by the Bureau of
Industry and Security
3. Presentation of papers or comments
by the Public
4. Regulations Update
5. Working Group Reports
6. Automated Export System Update
Closed Session
7. Discussion of matters determined to
be exempt from the provisions
relating to public meetings found in
5 U.S.C. app. 2 §§ 10(a)(1) and
10(a)(3).
The open session will be accessible
via teleconference to participants on a
first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov, no later than March 2, 2021.
To the extent that time permits,
members of the public may present oral
statements to the Committee. The public
may submit written statements at any
time before or after the meeting.
However, to facilitate the distribution of
public presentation materials to the
Committee members, the Committee
suggests that presenters forward the
public presentation materials prior to
the meeting to Ms. Springer via email.
For more information, call Yvette
Springer at (202) 482–2813.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2021–03684 Filed 2–22–21; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–874]
Certain Hot-Rolled Steel Flat Products
From Japan: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2018–2019
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) preliminarily determines
that Nippon Steel Corporation (NSC)
and Tokyo Steel Manufacturing Co., Ltd.
(Tokyo Steel), producers and 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, 2018
through September 30, 2019. In
addition, Commerce preliminarily
determines that Honda Trading Canada,
Inc. (Honda), Panasonic Corporation
(Panasonic), and Mitsui & CO., Ltd.
(Mitsui) had no shipments during the
POR. We invite interested parties to
comment on these preliminary results.
DATES
: Applicable February 23, 2021.
FOR FURTHER INFORMATION CONTACT
:
Myrna Lobo or Jack Zhao, 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) 482–2371 or (202) 482–1396,
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 on
December 11, 2019 covering 26
producers and/or exporters.
2
We
selected NSC and Tokyo Steel as
mandatory respondents.
3
On April 24,
2020, Commerce exercised its discretion
to uniformly toll all statutory deadlines
for antidumping and countervailing
duty administrative reviews by 50
days.
4
On July 21, 2020, Commerce
further tolled all statutory deadlines for
antidumping and countervailing duty
administrative reviews by another 60
days.
5
On October 13, 2020, we
extended the deadline for the
preliminary results of this review by an
additional 120 days, in accordance with
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2), resulting in a
deadline of February 17, 2021 for these
preliminary results.
6
For a detailed
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.
7
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.
8
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a) of the Act.
Constructed export price and 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
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10921
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices
9
See No Shipment Inquiry to CBP, dated
February 3 and 8, 2021.
10
See Honda’s Letter, ‘‘Administrative Review of
Certain Hot-Rolled Steel Flat Products from Japan:
Honda Trading Canada, Inc.’s No Shipment
Certification,’’ dated December 20, 2018; see also
Panasonic’s Letter, ‘‘Administrative Review of
Certain Hot-Rolled Steel Flat Products from Japan:
Panasonic Corporation No Shipment Certification,’’
dated January 8, 2020; and Mitsui’s Letter,
‘‘Antidumping Administrative Review of Certain
Hot-Rolled Steel Flat Products from Japan: Mitsui
No Shipment Certification,’’ dated January 9, 2020.
11
See Memorandum, ‘‘Review-Specific Average
Rate for Non-Examined Companies,’’ dated
concurrently with this memorandum.
12
Commerce found in a changed circumstances
review that NSC, Nippon Steel Nisshin Co., Ltd.
(Nippon Nisshin), and Nippon Steel Trading
Corporation (NSTC) are affiliated companies that
should be treated as a single entity and as the
successor-in-interest to Nippon Steel & Sumitomo
Metal Corporation (NSSMC), Nisshin Steel Co., Ltd.
(Nisshin Steel), and Nippon Steel & Sumikin
Bussan Corporation (NSSBC), 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).
13
This rate is based on the rates for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis,
or based entirely on facts available. See section
735(c)(5)(A) of the Act. See Memorandum ‘‘Review-
Specific Average Rate for Non-Examined
Companies,’’ dated concurrently with this
memorandum.
14
We collapsed JFE Shoji Trade Corporation with
JFE Steel Corporation in the underlying
investigation. See Certain Hot-Rolled Steel Flat
Products from Japan: Preliminary Determination of
Sales at Less than Fair Value and Postponement of
Final Determination, 81 FR 15222 (March 22, 2016),
and accompanying Preliminary Decision
Memorandum at 8–9.
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 http://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at http://
enforcement.trade.gov/frn/index.html.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Determination of No
Shipments
Among the companies under review,
Honda, Panasonic and Mitsui each
properly filed a statement reporting that
it had made no shipments of subject
merchandise to the United States during
the POR. Commerce issued an
instruction to the U.S. Customs and
Border Protection (CBP) asking for any
entry activity regarding Honda,
Panasonic and Mitsui, and is awaiting
CBP’s response.
9
Based on the
certifications submitted by Honda,
Panasonic and Mitsui, and our analysis
of CBP information currently on the
record, we preliminarily determine that
Honda, Panasonic and Mitusi had no
shipments during the POR.
10
Consistent
with its practice, Commerce finds that it
is not appropriate to preliminarily
rescind the review with respect to
Honda, Panasonic and Mitsui, but rather
to complete the review and issue
appropriate instructions to CBP based
on the final results of this review.
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
average of the estimated weighted-
average dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, we have preliminarily
calculated weighted-average dumping
margins for NSC and Tokyo Steel that
are not zero, de minimis, or determined
entirely on the basis of facts available.
Accordingly, Commerce preliminarily
has assigned to companies not
individually examined a margin of
10.95 percent, which is the weighted
average (using the publicly-ranged U.S.
value) of NSC’s and Tokyo Steel’s
calculated weighted-average dumping
margins.
11
Preliminary Results
We preliminarily determine the
following weighted-average dumping
margins for the period October 1, 2018
through September 30, 2019:
Exporter/producer
Weighted-
average
dumping
margin
(percent)
Nippon Steel Corporation/Nippon
Steel Nisshin Co., Ltd./Nippon
Steel Trading Corporation
12
... 11.70
Tokyo Steel Manufacturing Co.,
Ltd ........................................... 6.80
Review-Specific Average Rate Applicable
to the Following Companies
13
Hanwa Co., Ltd ........................... 10.95
Higuchi Manufacturing America,
LLC .......................................... 10.95
Higuchi Seisakusho Co., Ltd ...... 10.95
Hitachi Metals, Ltd ...................... 10.95
JFE Steel Corporation/JFE Shoji
Trade Corporation
14
............... 10.95
JFE Shoji Trade America ........... 10.95
Kanematsu Corporation .............. 10.95
Kobe Steel, Ltd ........................... 10.95
Metal One Corporation ............... 10.95
Miyama Industry Co., Ltd ........... 10.95
Nakagawa Special Steel Inc ...... 10.95
Nippon Steel & Sumikin Logis-
tics Co., Ltd ............................. 10.95
Okaya & Co. Ltd ......................... 10.95
Saint-Gobain K.K ........................ 10.95
Shinsho Corporation ................... 10.95
Sumitomo Corporation ................ 10.95
Suzukaku Corporation ................ 10.95
Toyota Tsusho Corporation
Nagoya .................................... 10.95
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries. For any individually examined
respondent whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in
the final results of this review and the
respondent reported reliable entered
values, 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).
If the respondent has not reported
reliable entered values, we will
calculate a per-unit assessment rate for
each importer by dividing the total
amount of dumping calculated for the
examined sales made to that importer by
the total sales quantity associated with
those transactions. 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
a respondent’s weighted-average
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10922
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices
15
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).
16
See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
17
See Order.
18
See 19 CFR 351.309(d).
19
See 19 CFR 351.309(c)(2) and (d)(2).
20
See generally 19 CFR 351.303.
21
See 19 CFR 351.303(f).
22
See 19 CFR 351.310(c).
23
See 19 CFR 351.310(d).
24
See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
dumping margin is 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
determined to be zero or de minimis, no
antidumping duties will be assessed.’’
15
For entries of subject merchandise
during the POR produced by NSC and
Tokyo Steel for which the producer did
not know its merchandise was destined
for the United States, or for any
respondent for which we have a final
determination of no shipments, 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.
16
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 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.
17
These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties 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 no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, the content of
which is limited to issues raised in the
case briefs, may be filed no later than
seven days after the date for filing case
briefs.
18
Parties who submit case briefs
or rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
19
Case and
rebuttal briefs should be filed using
ACCESS
20
and must be served on
interested parties.
21
Executive
summaries should be limited to five
pages total, including footnotes.
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
Commerce’s electronic records system,
ACCESS. An electronically filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days of the date of publication
of this notice.
22
Requests should
contain: (1) The party’s name, address
and telephone number; (2) the number
of participants; and (3) a list of issues
parties intend to discuss. If a request for
a hearing is made, Commerce intends to
hold the hearing at a date and time to
be determined.
23
Parties should confirm
the date, time, and location of the
hearing two days before the scheduled
date.
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.
24
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 duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
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.
Dated: February 17, 2021.
Christian Marsh,
Acting 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. Preliminary Determination of No
Shipments
V. Use of Facts Available and Adverse Facts
Available
VI. Rates for Non-Examined Companies
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021–03648 Filed 2–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–878, A–580–881, C–580–879, C–580–
882]
Certain Cold-Rolled Steel Flat Products
and Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Final Results of Antidumping and
Countervailing Duty Changed
Circumstances Reviews
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: The Department of Commerce
(Commerce) continues to find that that
KG Dongbu Steel Co., Ltd. (KG Dongbu
Steel) is the successor-in-interest to
VerDate Sep<11>2014 18:36 Feb 22, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1
