[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Notices]
[Pages 57821-57824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20426]
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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 and Final Determination of No
Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
mandatory respondents, 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, did not sell
subject merchandise in the United States at prices below normal value
during the period of review (POR) October 1, 2017 through September 30,
2018. In addition, Commerce determines that Honda Trading Canada, Inc.
(Honda) had no shipments during the POR.
DATES: Applicable September 16, 2020.
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 or (202) 482-2371,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, Commerce published the Preliminary Results of
this review in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Results. Between January 15 and January
24, 2020, Commerce received timely filed briefs and rebuttal briefs
from the petitioners,\2\ NSC, and Tokyo Steel.\3\ On January 15, 2020,
Commerce received hearing requests from the petitioners and NSC.\4\ In
lieu of a hearing, Commerce held a phone meeting with the petitioners
on July 17, 2020; NSC did not request a phone meeting in lieu of a
hearing.\5\
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\1\ See Certain Hot-Rolled Steel Flat Products from Japan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2017-2018, 84 FR 68402
(December 16, 2019) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ The petitioners are AK Steel Corporation; ArcelorMittal USA
LLC; Nucor Corporation; SSAB Enterprises, LLC; Steel Dynamics, Inc.;
and United States Steel Corporation.
\3\ See Petitioners' Letter, ``Certain Hot-Rolled Steel Flat
Products from Japan: Case Brief,'' dated January 15, 2020; see also
NSC's Letter, ``Certain Hot-Rolled Steel Flat Products from Japan:
NSC's Case Brief,'' dated January 15, 2020; Petitioners' Letter,
``Certain Hot-Rolled Steel Flat Products from Japan: Petitioner's
Rebuttal Brief,'' dated January 24, 2020; NSC's Letter, ``Certain
Hot-Rolled Steel Flat Products from Japan: NSC's Rebuttal Brief,''
dated January 24, 2020; and Tokyo Steel's Letter, ``Rebuttal Brief
of Tokyo Steel: Certain Hot-Rolled Steel Flat Products from Japan,''
dated January 24, 2020.
\4\ See Petitioners' Letter, ``Certain Hot-Rolled Steel Flat
Products from Japan: Hearing Request,'' dated January 15, 2020; see
also NSC's Letter, ``Certain Hot-Rolled Steel Flat Products from
Japan: NSC's Hearing Request,'' dated January 15, 2020.
\5\ See Memorandum, ``Certain Hot-Rolled Steel Products from
Japan: Phone Meeting with the Petitioners,'' dated July 17, 2020.
The petitioners withdrew their hearing request on July 16, 2020; see
Petitioners' Letter, ``Certain Hot-Rolled Steel Flat Products From
Japan: Withdrawal of Hearing Request,'' dated July 16, 2020. NSC did
not request a phone meeting with Commerce, in lieu of a hearing; see
Memorandum, ``Administrative Review of Certain Hot-Rolled Steel Flat
Products from Japan: Contact with NSC Counsel,'' dated August 27,
2020.
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On March 20, 2020, we extended the deadline for the final
results.\6\ On April 24, 2020, Commerce tolled all deadlines in
administrative reviews by 50 days.\7\ On July 21, 2020, Commerce tolled
all deadlines in administrative reviews by
[[Page 57822]]
an additional 60 days.\8\ The deadline for the final results of this
review is now September 22, 2020.
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\6\ See Memoranda, ``Certain Hot-Rolled Steel Products from
Japan: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review; 2017-2018,'' dated March 20, 2020.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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These final results cover 25 producers and exporters of subject
merchandise.\9\ Based on an analysis of the comments received, we have
made changes to the weighted-average dumping margins determined for the
respondents. The weighted-average dumping margins are listed in the
``Final Results of Review'' section. Commerce conducted this review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\9\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 63615 (December 11, 2018).
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Scope of the 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.\10\
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\10\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review: Certain
Hot-Rolled Steel Flat Products from Japan; 2017-2018,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Honda Trading Canada, Inc. (Honda) had no shipments of subject
merchandise during the POR. U.S. Customs and Border Protection (CBP)
subsequently confirmed Honda had no shipments.\11\ As no party has
identified any record evidence which would call into question these
preliminary findings with respect to Honda, we continue to find that
Honda made no shipments of subject merchandise during the POR.
Accordingly, consistent with our practice, we intend to instruct CBP to
liquidate any existing entries of subject merchandise produced by
Honda, but exported by other parties without their own rate, at the
all-others rate.\12\
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\11\ See Memorandum, ``No Shipment Inquiry with Respect to the
Company Below During the Period 10/01/2017 through 09/30/2018,''
dated December 10, 2019.
\12\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum. The issues are identified in
Appendix I 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 on the internet at
http://enforcement.trade.gov/frn/index.html. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from
parties, we made certain changes to the margin calculations for both
NSC and Tokyo Steel. For a discussion of these changes, see the Issues
and Decision Memorandum.
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{time} .''
In this review, we have calculated weighted-average dumping margins
for NSC and Tokyo Steel that are zero. Accordingly, we have assigned to
the companies not individually examined a margin of 0.00 percent.
Final Results of Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period October 1, 2017 through September
30, 2018:
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\13\ In a recently completed changed circumstances review, we
found 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). In the absence of record information indicating
that Commerce should reevaluate this determination, we are treating
these companies as a single entity for purposes of this
administrative review.
\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 PDM at 8-9, unchanged in
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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Weighted-average
Producers/exporters dumping margin
(percent)
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Nippon Steel Corporation/Nippon Steel Nisshin Co., 0.00
Ltd./Nippon Steel Trading Corporation \13\..........
Tokyo Steel Manufacturing Co., Ltd................... 0.00
Review-Specific Average Rate Applicable to the
Following Companies:
Hanwa Co., Ltd................................... 0.00
Higuchi Manufacturing America, LLC............... 0.00
Higuchi Seisakusho Co., Ltd...................... 0.00
Hitachi Metals, Ltd.............................. 0.00
JFE Steel Corporation/JFE Shoji Trade Corporation 0.00
\14\............................................
JFE Shoji Trade America.......................... 0.00
Kanematsu Corporation............................ 0.00
Kobe Steel, Ltd.................................. 0.00
[[Page 57823]]
Metal One Corporation............................ 0.00
Mitsui & Co., Ltd................................ 0.00
Miyama Industry Co., Ltd......................... 0.00
Nakagawa Special Steel Inc....................... 0.00
Nippon Steel & Sumikin Logistics Co., Ltd........ 0.00
Okaya & Co. Ltd.................................. 0.00
Panasonic Corporation............................ 0.00
Saint-Gobain K.K................................. 0.00
Shinsho Corporation.............................. 0.00
Sumitomo Corporation............................. 0.00
Suzukaku Corporation............................. 0.00
Toyota Tsusho Corporation Nagoya................. 0.00
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Disclosure
We intend to disclose the calculations performed in connection with
these final results within five days of the date of publication of this
notice to parties in this proceeding, in accordance with 19 CFR
351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Commerce intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of this review in the Federal Register.
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).\15\ 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.\16\ 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.\17\ 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.\18\
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\15\ See 19 CFR 351.212(b)(1).
\16\ Id.
\17\ Id.
\18\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rates for Non-Examined Companies'' section.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by NSC, Tokyo Steel, or the
non-examined companies 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.\19\
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\19\ 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 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,\20\ 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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\20\ 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
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.
[[Page 57824]]
Dated: September 9, 2020.
Joseph A. Laroski, Jr.,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Partial Facts Available and Use of Adverse
Inference
V. Final Determination of No Shipments
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
Tokyo Steel-Specific Issues
Comment 1: Whether Tokyo Steel's Scrap Reporting is Flawed
Comment 2: Whether Commerce Should Adjust Tokyo Steel's Reported
Costs by Assigning Non-Prime Cost of Production to Prime Products
Comment 3: Whether the Quality Product Characteristic for Some
of Tokyo Steel's HM Sales is Incorrect
NSC-Specific Issues
Comment 4: Whether Commerce Should Continue to Apply Partial AFA
to Certain NSC's Affiliated Downstream Resales in the Home Market
Comment 5: Whether Commerce Properly Excluded Certain Further
Manufactured U.S. Sales
Comment 6: Whether NSC's Reported Domestic Inland Freight and
Warehousing for U.S. Sales Were Made at Arm's Length
Comment 7: Whether Commerce Should Account for NSC's Unreported
Domestic Brokerage Expenses
Comment 8: Whether NSC's Reported International Freight Expenses
Were Made at Arm's Length
Comment 9: Whether NSC Has Accounted for the Miscellaneous U.S.
Inland Freight Expenses
Comment 10: Whether Commerce Should Apply AFA for Determining
NSC's Further Manufacturing Costs
Comment 11: Whether Commerce Incorrectly Increased NSC's Further
Manufacturing Costs to Account for the Markup Steelscape Washington
LLC Charges Steel Scape LLC
VIII. Recommendation
[FR Doc. 2020-20426 Filed 9-15-20; 8:45 am]
BILLING CODE 3510-DS-P