81 FR 53409 - Certain Hot-Rolled Steel Flat Products From Japan: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 156 (August 12, 2016)
International Trade Administration
Federal Register Volume 81, Issue 156 (August 12, 2016)
| Page Range | 53409-53412 | |
| FR Document | 2016-19378 |
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)] [Notices] [Pages 53409-53412] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19378] [[Page 53409]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-588-874] Certain Hot-Rolled Steel Flat Products From Japan: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that certain hot-rolled steel flat products (hot-rolled steel) from Japan are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2014, through June 30, 2015. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice. DATES: Effective August 12, 2016. FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jun 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 On March 22, 2016, the Department published the Preliminary Determination of this antidumping duty (AD) investigation.\1\ A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Final Issues and Decision Memorandum.\2\ --------------------------------------------------------------------------- \1\ 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) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Antidumping Duty Investigation of Certain Hot-Rolled Steel Flat Products from Japan,'' (Final Issues and Decision Memorandum), dated concurrently with this determination and hereby adopted by this notice. --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are hot-rolled steel flat products from Japan. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I of this notice. Scope Comments In the Preliminary Scope Decision Memorandum,\3\ the Department set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues. --------------------------------------------------------------------------- \3\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Certain Hot-Rolled Steel Products From Australia, Brazil, Japan, the Netherlands, the Republic of Korea, Turkey, and the United Kingdom: Scope Comments Decision Memorandum for the Preliminary Determinations'' dated March 14, 2016 (Preliminary Scope Decision Memorandum). --------------------------------------------------------------------------- In the Preliminary Determination, we did not modify the scope language as it appeared in the Initiation Notice.\4\ No interested parties submitted scope comments, except for Nippon Steel & Sumitomo Metal Corporation/Nippon Steel & Sumikin Bussan Corporation (collectively, the Nippon Group) in its case brief and petitioner United States Steel Corporation in its rebuttal brief. These comments are addressed in the Final Issues and Decision Memorandum. The scope of this investigation remains unchanged for this final determination. --------------------------------------------------------------------------- \4\ See Preliminary Decision Memorandum at page 5. See also Certain Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, the Republic of Korea, the Netherlands, The Republic of Turkey, and the United Kingdom: Initiation of Less-Than-Fair-Value Investigations, 80 FR 54261, 54262 (September 9, 2015) (Initiation Notice). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Final Issues and Decision Memorandum, which is hereby adopted by this notice.\5\ A list of the issues raised is attached to this notice as Appendix II. The Final 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 and it is available to all parties in the Central Records Unit, Room B-8024 of the main Department of Commerce building. In addition, a complete version of the Final Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Final Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \5\ See Final Issues and Decision Memorandum. --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in March, April, and May 2016, the Department verified the sales and cost data reported by the mandatory respondents and their affiliates Nippon Steel & Sumitomo Metal Corporation/Nippon Steel & Sumikin Bussan Corporation (collectively, the Nippon Group) and JFE Steel Corporation/JFE Shoji Trade Corporation (collectively, the JFE Group). We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by respondents. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for the Nippon Group and the JFE Group. For a discussion of these changes, see the Final Issues and Decision Memorandum. We have also revised the all-others rate consistent with the methodology described below. All-Others Rate Consistent with sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act, the Department also calculated an estimated all-others rate. Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. We calculated weighted-average dumping margins for the Nippon Group and the JFE Group, that are above de minimis and which are not based on total facts available. Therefore, we calculated the all-others rate using a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration.\6\ --------------------------------------------------------------------------- \6\ With two respondents, we would normally calculate (A) a weighted-average of the dumping margins calculated for the mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration. We would compare (B) and (C) to (A) and select the rate closest to (A) as the most appropriate rate for all other companies. See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). See Memorandum to the File, ``Hot-Rolled Steel Flat Products from Japan: Calculation of the Margin for All Others Rate for the Final Determination,'' dated August 4, 2016. --------------------------------------------------------------------------- [[Page 53410]] Final Determination The Department determines that the final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/producer dumping margins (percent) ------------------------------------------------------------------------ Nippon Steel & Sumitomo Metal Corporation/Nippon Steel & 4.99 Sumikin Bussan Corporation................................. JFE Steel Corporation/JFE Shoji Trade Corporation........... 7.51 All-Others.................................................. 5.58 ------------------------------------------------------------------------ Final Affirmative Determination of Critical Circumstances, in Part Prior to the Preliminary Determination, the Department found that critical circumstances exist with respect to imports of hot-rolled steel from Japan produced or exported by the Nippon Group and the JFE Group and that critical circumstances did not exist with respect to all-other producers/exporters.\7\ As discussed in the Final Issues and Decision Memorandum, in accordance with section 735(a)(3) of the Act, we no longer find critical circumstances with respect to the JFE Group, and we now find that critical circumstances exist with respect to all- other producers/exporters. We continue to find that critical circumstances exist with respect to the Nippon Group.\8\ --------------------------------------------------------------------------- \7\ See Antidumping Duty Investigations of Certain Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, and the Netherlands and Countervailing Duty Investigation of Certain Hot- Rolled Steel Flat Products from Brazil: Preliminary Determinations of Critical Circumstances, 80 FR 76444 (December 9, 2015). \8\ For a full description of the methodology and results of our analysis, see the Final Issues and Decision Memorandum. --------------------------------------------------------------------------- Disclosure We intend to disclose the calculations performed to interested parties within five days of the public announcement of this final determination in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of hot-rolled steel from Japan, which were entered, or withdrawn from warehouse, for consumption on or after December 23, 2015 (for those entities for which we found critical circumstances exist) or on or after March 22, 2016, the date of publication in the Federal Register of the affirmative Preliminary Determination (for all entities for which we did not find critical circumstances exist). Because we find in this final determination that critical circumstances exist for all-other producers/exporters, we will instruct CBP to suspend liquidation of all such entries on or after December 23, 2015 (which is 90 days prior to the publication of the Preliminary Determination) consistent with section 735(c)(4)(B) of the Act and require cash deposits. Further, because we find critical circumstances do not exist for the JFE Group, we will terminate the retroactive suspension of liquidation ordered at the Preliminary Determination and release any cash deposits that were required during that period, consistent with section 735(c)(3) of the Act. Further, pursuant to section 735(c)(1)(B)(ii) of the Act, CBP shall require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price, as follows: (1) For the exporter/ producer listed in the table above, the cash deposit rate will be equal to the weighted average dumping margin which the Department determined in this final determination; (2) if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise; (3) the rate for all other producers or exporters will be 5.58 percent, as discussed in the ``All-Others Rate'' section, above. These instructions suspending liquidation will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of hot-rolled steel from Japan no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ``Continuation of Suspension of Liquidation'' section. Notification Regarding Administrative Protective Orders This notice serves as a reminder to parties subject to an 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). Timely 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 the terms of an APO is a violation subject to sanction. This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. Dated: August 4, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I--Scope of the Investigation The products covered by this investigation are certain hot- rolled, flat-rolled steel products, with or without patterns in relief, and whether or not annealed, painted, varnished, or coated with plastics or other non-metallic substances. The products covered do not include those that are clad, plated, or coated with metal. The products covered include coils that have a width or other lateral measurement (``width'') of 12.7 mm or greater, regardless of thickness, and regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness of less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non-rectangular cross-section where such cross-section is achieve subsequent to the rolling process, i.e., products which have been ``worked after rolling'' (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above: (1) Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above unless the resulting measurement makes the product covered by the existing [[Page 53411]] antidumping \9\ or countervailing duty \10\ orders on Certain Cut- To-Length Carbon-Quality Steel Plate Products From the Republic of Korea (A-580-836; C-580-837), and --------------------------------------------------------------------------- \9\ See Notice of Amendment of Final Determinations of Sales at Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To- Length Carbon-Quality Steel Plate Products From France, India, Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585 (February 10, 2000). \10\ See Notice of Amended Final Determinations: Certain Cut-to- Length Carbon-Quality Steel Plate From India and the Republic of Korea; and Notice of Countervailing Duty Orders: Certain Cut-To- Length Carbon-Quality Steel Plate From France, India, Indonesia, Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000). --------------------------------------------------------------------------- (2) Where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross- section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated:2.50 percent of manganese, or 3.30 percent of silicon, or 1.50 percent of copper, or 1.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 2.00 percent of nickel, or 0.30 percent of tungsten, or 0.80 percent of molybdenum, or 0.10 percent of niobium, or 0.30 percent of vanadium, or 0.30 percent of zirconium. Unless specifically excluded, products are included in this scope regardless of levels of boron and titanium. For example, specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial- free (IF)) steels, high strength low alloy (HSLA) steels, the substrate for motor lamination steels, Advanced High Strength Steels (AHSS), and Ultra High Strength Steels (UHSS). IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium and/or niobium added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. The substrate for motor lamination steels contains micro-alloying levels of elements such as silicon and aluminum. AHSS and UHSS are considered high tensile strength and high elongation steels, although AHSS and UHSS are covered whether or not they are high tensile strength or high elongation steels. Subject merchandise includes hot-rolled steel that has been further processed in a third country, including but not limited to pickling, oiling, levelling, annealing, tempering, temper rolling, skin passing, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the hot-rolled steel. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this investigation unless specifically excluded. The following products are outside of and/or specifically excluded from the scope of this investigation: Universal mill plates (i.e., hot-rolled, flat-rolled products not in coils that have been rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, of a thickness not less than 4.0 mm, and without patterns in relief); Products that have been cold-rolled (cold-reduced) after hot-rolling; \11\ --------------------------------------------------------------------------- \11\ For purposes of this scope exclusion, rolling operations such as a skin pass, levelling, temper rolling or other minor rolling operations after the hot-rolling process for purposes of surface finish, flatness, shape control, or gauge control do not constitute cold-rolling sufficient to meet this exclusion. --------------------------------------------------------------------------- Ball bearing steels; \12\ --------------------------------------------------------------------------- \12\ Ball bearing steels are defined as steels which contain, in addition to iron, each of the following elements by weight in the amount specified: (i) Not less than 0.95 nor more than 1.13 percent of carbon; (ii) not less than 0.22 nor more than 0.48 percent of manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) none, or not more than 0.03 percent of phosphorus; (v) not less than 0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) none, or not more than 0.28 percent of nickel; (viii) none, or not more than 0.38 percent of copper; and (ix) none, or not more than 0.09 percent of molybdenum. --------------------------------------------------------------------------- Tool steels; \13\ and --------------------------------------------------------------------------- \13\ Tool steels are defined as steels which contain the following combinations of elements in the quantity by weight respectively indicated: (i) More than 1.2 percent carbon and more than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or (iii) not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or (v) not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or (vi) not less than 0.5 percent carbon and not less than 5.5 percent tungsten. --------------------------------------------------------------------------- Silico-manganese steels; \14\ --------------------------------------------------------------------------- \14\ Silico-manganese steel is defined as steels containing by weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or more but not more than 1.9 percent of manganese, and (iii) 0.6 percent or more but not more than 2.3 percent of silicon. --------------------------------------------------------------------------- The products subject to this investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7208.10.1500, 7208.10.3000, 7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030, 7208.26.0060, 7208.27.0030, 7208.27.0060, 7208.36.0030, 7208.36.0060, 7208.37.0030, 7208.37.0060, 7208.38.0015, 7208.38.0030, 7208.38.0090, 7208.39.0015, 7208.39.0030, 7208.39.0090, 7208.40.6030, 7208.40.6060, 7208.53.0000, 7208.54.0000, 7208.90.0000, 7210.70.3000, 7211.14.0030, 7211.14.0090, 7211.19.1500, 7211.19.2000, 7211.19.3000, 7211.19.4500, 7211.19.6000, 7211.19.7530, 7211.19.7560, 7211.19.7590, 7225.11.0000, 7225.19.0000, 7225.30.3050, 7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000, 7226.11.9030, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.5000, 7226.91.7000, and 7226.91.8000. The products subject to the investigation may also enter under the following HTSUS numbers: 7210.90.9000, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.5000, 7226.99.0180, and 7228.60.6000. The HTSUS subheadings above are provided for convenience and U.S. Customs and Border Protection purposes only. The written description of the scope of the investigation is dispositive. Appendix II--List of Topics Discussed in the Final Issues and Decision Memorandum I. Summary II. Background III. Final Determination of Critical Circumstances, in Part IV. Scope of the Investigation V. Scope Comments VI. Changes Since the Preliminary Determination VII. Comparison to Fair Value VIII. Discussion of the Issues Nippon Group Comment 1: Whether the Department Should Continue to Apply AFA to Steelscape's Sales of Non-prime Merchandise Comment 2: Whether the Department Should Continue to Apply AFA to Home Market Sales by Certain of Nippon Group's Affiliated Downstream Resellers. Comment 3: Whether the Department Should Include Freight Revenue and Fuel Revenue on U.S. Sales Made by Steelscape. Comment 4: Whether the Department Should Reduce the Weight of the Margin Calculated for Sales by One of the Nippon Group's CEP Resellers Comment 5: Whether the Department Should Accept the Destination Key for One of its CEP Resellers as a Minor Correction Comment 6: Whether the Department Should Apply AFA on Unreported Data and Whether the Department Should Decline to Increase the Cost of Further Manufacturing to Reflect its Calculation of a Markup that Steelscape Washington Charged to its Parent, Steelscape LLC, for Processing Services Performed by Steelscape Washington Comment 7: Whether the Department Should Find that Critical Circumstances Exist for Imports of the Merchandise Under Consideration Shipped by Nippon Group Comment 8: Whether the Department Should Revise its Differential Pricing Analysis Comment 9: Whether the Department Should Exclude Certain Products Produced by Nippon Group from the Scope of the Investigation [[Page 53412]] Comment 10: Whether the Department Should Make an Adjustment for Nippon Group's Purchases of Iron Ore at Below Market Value Comment 11: Whether the Department Should Accept Nippon Group's Value-Added Calculation and Its Unreported Further-Manufactured U.S. sales Comment 12: Further Manufacturing Financial Expense Ratio Comment 13: General & Administrative Expense Ratio JFE Group Comment 14: Whether the Department Erred in Applying Adverse Facts Available to Certain Downstream Home Market Sales Comment 15: Whether Adverse Facts Available is Warranted for Other Unreported Downstream Sales Comment 16: Whether Shoji America's Indirect Selling Expense Should be Increased Comment 17: Whether Shoji America's Freight Expense Should be Increased Comment 18: Whether Verification Minor Corrections Should be Incorporated into the Final Determination Comment 19: Whether the Department Erred by Resetting JFES's Reported Home Market Credit Expense Comment 20: Whether the Department Should Apply a CEP Offset on JFE's CEP Sales Comment 21: Whether the Department Should Exclude Sales by CSI from its Antidumping Calculation Comment 22: Whether the Department Should Continue to Apply AFA to the Cost of Inputs Supplied by JFE Shoji Comment 23: Whether the Department Erred in Applying the Transactions Disregarded Adjustment Comment 24: Whether the Department Should Adjust JFE's COM for Non-Prime Products Comment 25: Whether the Department Should Increase JFE's COM for Reconciliation Differences Tokyo Steel Comment 26: Whether the Department's Refusal to Select Tokyo Steel as a Mandatory Respondent Is Unlawful Comment 27: Whether the Department Should Correct the Clerical Error in Its Preliminary Results IX. Recommendation [FR Doc. 2016-19378 Filed 8-11-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices 53409
DEPARTMENT OF COMMERCE products from Japan. For a full the Final Issues and Decision
description of the scope of this Memorandum are identical in content.
International Trade Administration investigation, see the ‘‘Scope of the Verification
[A–588–874] Investigation,’’ in Appendix I of this
notice. As provided in section 782(i) of the
Certain Hot-Rolled Steel Flat Products Tariff Act of 1930, as amended (the Act),
Scope Comments in March, April, and May 2016, the
From Japan: Final Determination of
Sales at Less Than Fair Value and Department verified the sales and cost
In the Preliminary Scope Decision data reported by the mandatory
Final Affirmative Determination of Memorandum,3 the Department set
Critical Circumstances respondents and their affiliates Nippon
aside a period of time for parties to Steel & Sumitomo Metal Corporation/
AGENCY: Enforcement and Compliance, address scope issues in case briefs or Nippon Steel & Sumikin Bussan
International Trade Administration, other written comments on scope issues. Corporation (collectively, the Nippon
Department of Commerce. In the Preliminary Determination, we Group) and JFE Steel Corporation/JFE
SUMMARY: The Department of Commerce did not modify the scope language as it Shoji Trade Corporation (collectively,
(the Department) determines that certain appeared in the Initiation Notice.4 No the JFE Group). We used standard
hot-rolled steel flat products (hot-rolled interested parties submitted scope verification procedures, including an
steel) from Japan are being, or are likely comments, except for Nippon Steel & examination of relevant accounting and
to be, sold in the United States at less Sumitomo Metal Corporation/Nippon production records, and original source
than fair value (LTFV). The period of Steel & Sumikin Bussan Corporation documents provided by respondents.
investigation (POI) is July 1, 2014, (collectively, the Nippon Group) in its Changes Since the Preliminary
through June 30, 2015. The final case brief and petitioner United States Determination
dumping margins of sales at LTFV are Steel Corporation in its rebuttal brief.
listed below in the ‘‘Final These comments are addressed in the Based on our analysis of the
Determination’’ section of this notice. Final Issues and Decision comments received and our findings at
Memorandum. The scope of this verification, we made certain changes to
DATES: Effective August 12, 2016.
investigation remains unchanged for the margin calculations for the Nippon
FOR FURTHER INFORMATION CONTACT: Group and the JFE Group. For a
Myrna Lobo or Jun Jack Zhao, AD/CVD this final determination.
discussion of these changes, see the
Operations, Office VII, Enforcement and Analysis of Comments Received Final Issues and Decision
Compliance, International Trade Memorandum. We have also revised the
Administration, U.S. Department of All issues raised in the case and all-others rate consistent with the
Commerce, 1401 Constitution Avenue rebuttal briefs by parties in this methodology described below.
NW., Washington, DC 20230; telephone: investigation are addressed in the Final
(202) 482–2371 or (202) 482–1396, Issues and Decision Memorandum, All-Others Rate
respectively. which is hereby adopted by this notice.5 Consistent with sections
A list of the issues raised is attached to 735(c)(1)(B)(i)(II) and 735(c)(5) of the
SUPPLEMENTARY INFORMATION:
this notice as Appendix II. The Final Act, the Department also calculated an
Background Issues and Decision Memorandum is a estimated all-others rate. Section
On March 22, 2016, the Department public document and is on file 735(c)(5)(A) of the Act provides that the
published the Preliminary electronically via Enforcement and estimated all-others rate shall be an
Determination of this antidumping duty Compliance’s Antidumping and amount equal to the weighted average of
(AD) investigation.1 A summary of the Countervailing Duty Centralized the estimated weighted-average
events that occurred since the Electronic Service System (‘‘ACCESS’’). dumping margins established for
Department published the Preliminary ACCESS is available to registered users exporters and producers individually
Determination, as well as a full at https://access.trade.gov and it is investigated, excluding any zero and de
discussion of the issues raised by parties available to all parties in the Central minimis margins, and any margins
for this final determination, may be Records Unit, Room B–8024 of the main determined entirely under section 776
found in the Final Issues and Decision Department of Commerce building. In of the Act. We calculated weighted-
Memorandum.2 addition, a complete version of the Final average dumping margins for the
Issues and Decision Memorandum can Nippon Group and the JFE Group, that
Scope of the Investigation be accessed directly at http:// are above de minimis and which are not
The products covered by this enforcement.trade.gov/frn/index.html. based on total facts available. Therefore,
investigation are hot-rolled steel flat The signed and electronic versions of we calculated the all-others rate using a
weighted-average of the dumping
1 See Certain Hot-Rolled Steel Flat Products from 3 See Memorandum to Christian Marsh, Deputy
margins calculated for the mandatory
Japan: Preliminary Determination of Sales at Less Assistant Secretary for Antidumping and respondents using each company’s
Than Fair Value and Postponement of Final Countervailing Duty Operations, ‘‘Certain Hot-
Determination, 81 FR 15222 (March 22, 2016) Rolled Steel Products From Australia, Brazil, Japan, publicly-ranged values for the
(Preliminary Determination) and accompanying the Netherlands, the Republic of Korea, Turkey, and merchandise under consideration.6
Preliminary Decision Memorandum. the United Kingdom: Scope Comments Decision
2 See Memorandum from Christian Marsh, Deputy Memorandum for the Preliminary Determinations’’ 6 With two respondents, we would normally
Assistant Secretary for Antidumping and dated March 14, 2016 (Preliminary Scope Decision calculate (A) a weighted-average of the dumping
mstockstill on DSK3G9T082PROD with NOTICES
Countervailing Duty Operations, to Ronald K. Memorandum). margins calculated for the mandatory respondents;
4 See Preliminary Decision Memorandum at page
Lorentzen, Acting Assistant Secretary for (B) a simple average of the dumping margins
Enforcement and Compliance, ‘‘Issues and Decision 5. See also Certain Hot-Rolled Steel Flat Products calculated for the mandatory respondents; and (C)
Memorandum for the Final Affirmative From Australia, Brazil, Japan, the Republic of a weighted-average of the dumping margins
Determination in the Antidumping Duty Korea, the Netherlands, The Republic of Turkey, calculated for the mandatory respondents using
Investigation of Certain Hot-Rolled Steel Flat and the United Kingdom: Initiation of Less-Than- each company’s publicly-ranged values for the
Products from Japan,’’ (Final Issues and Decision Fair-Value Investigations, 80 FR 54261, 54262 merchandise under consideration. We would
Memorandum), dated concurrently with this (September 9, 2015) (Initiation Notice). compare (B) and (C) to (A) and select the rate closest
determination and hereby adopted by this notice. 5 See Final Issues and Decision Memorandum. Continued
VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1](https://thefederalregister.org/doc/81_FR_53565/page/1.svg)
![53412 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Comment 10: Whether the Department DEPARTMENT OF COMMERCE Preliminary Decision Memorandum
Should Make an Adjustment for Nippon hereby adopted by, this notice.2
Group’s Purchases of Iron Ore at Below International Trade Administration The Preliminary Decision
Market Value Memorandum is a public document and
Comment 11: Whether the Department [A–570–849] is on file electronically via Enforcement
Should Accept Nippon Group’s Value- and Compliance’s Antidumping and
Added Calculation and Its Unreported Certain Cut-to-Length Carbon Steel Countervailing Duty Centralized
Further-Manufactured U.S. sales Plate From the People’s Republic of Electronic Service System (‘‘ACCESS’’).
Comment 12: Further Manufacturing China: Preliminary Results of ACCESS is available to registered users
Financial Expense Ratio Antidumping Administrative Review, at http://access.trade.gov and in the
Comment 13: General & Administrative Preliminary Determination of No Central Records Unit, room B8024 of the
Expense Ratio Shipments, in Part, and Partial main Department of Commerce
JFE Group Rescission; 2014–2015 building. In addition, a complete
Comment 14: Whether the Department version of the Preliminary Results
Erred in Applying Adverse Facts AGENCY: Enforcement and Compliance, Decision Memorandum can be accessed
Available to Certain Downstream Home International Trade Administration, directly on the Internet at http://
Market Sales Department of Commerce. enforcement.trade.gov/frn/index.html.
Comment 15: Whether Adverse Facts The signed and the electronic versions
Available is Warranted for Other DATES: Effective August 12, 2016.
of the Preliminary Decision
Unreported Downstream Sales SUMMARY: The Department of Commerce Memorandum are identical in content.
Comment 16: Whether Shoji America’s (‘‘Department’’) is conducting an The Department has exercised its
Indirect Selling Expense Should be administrative review of the discretion to toll all administrative
Increased antidumping duty order on certain cut- deadlines due to the closure of the
Comment 17: Whether Shoji America’s to-length carbon steel plate (‘‘CTL Federal Government because of
Freight Expense Should be Increased plate’’) from the People’s Republic of Snowstorm ‘‘Jonas’’. Thus, all of the
Comment 18: Whether Verification Minor China (‘‘PRC’’) covering the period of deadlines in this segment of the
Corrections Should be Incorporated into review (‘‘POR’’) November 1, 2014,
the Final Determination
proceeding have been extended by four
through October 31, 2015. We business days. The revised deadline for
Comment 19: Whether the Department preliminarily find that of the two
Erred by Resetting JFES’s Reported Home
the preliminary results of review is now
companies under review, one made no August 5, 2016.3
Market Credit Expense shipments of subject merchandise
Comment 20: Whether the Department during the POR and the other company Scope of the Order
Should Apply a CEP Offset on JFE’s CEP has not demonstrated its eligibility for The product covered by the order is
Sales separate rate status, and, thus, is part of
Comment 21: Whether the Department
certain cut-to-length carbon steel plate
the PRC-wide entity. Interested parties from the PRC.4 This merchandise is
Should Exclude Sales by CSI from its are invited to comment on these
Antidumping Calculation
currently classified in the Harmonized
preliminary results. Tariff Schedule of the United States
Comment 22: Whether the Department
Should Continue to Apply AFA to the FOR FURTHER INFORMATION CONTACT: (‘‘HTSUS’’) under item numbers
Cost of Inputs Supplied by JFE Shoji Jonathan Hill, AD/CVD Operations, 7208.40.3030, 7208.40.3060,
Comment 23: Whether the Department Office IV, Enforcement & Compliance, 7208.51.0030, 7208.51.0045,
Erred in Applying the Transactions International Trade Administration, 7208.51.0060, 7208.52.0000,
Disregarded Adjustment U.S. Department of Commerce, 14th 7208.53.0000, 7208.90.0000,
Comment 24: Whether the Department Street and Constitution Avenue NW., 7210.70.3000, 7212.40.5000, and
Should Adjust JFE’s COM for Non-Prime Washington, DC 20230; telephone: (202) 7212.50.0000. Although the HTSUS
Products 482–3518. subheadings are provided for
Comment 25: Whether the Department convenience and customs purposes, the
SUPPLEMENTARY INFORMATION:
Should Increase JFE’s COM for written description of the scope of the
Reconciliation Differences Background order is dispositive.
Tokyo Steel Partial Rescission
Comment 26: Whether the Department’s After initiating this review,1 the
Refusal to Select Tokyo Steel as a Department issued an antidumping duty Pursuant to 19 CFR 351.213(d)(1), the
Mandatory Respondent Is Unlawful questionnaire to Hunan Valin Xiangtan Department will rescind an
Comment 27: Whether the Department Iron and Steel Co., Ltd. (‘‘Hunan
Should Correct the Clerical Error in Its Valin’’), which notified the Department 2 See the memorandum from Christian Marsh,
Preliminary Results that it would not respond to the Deputy Assistant Secretary for Antidumping and
questionnaire. The other respondent, Countervailing Duty Operations to Ronald K.
IX. Recommendation Lorentzen, Acting Assistant Secretary for
Wuyang Iron & Steel Co., Ltd. (‘‘Wuyang Enforcement and Compliance ‘‘Decision
[FR Doc. 2016–19378 Filed 8–11–16; 8:45 am]
Steel’’) reported that it made no exports, Memorandum for the Preliminary Results of the
BILLING CODE 3510–DS–P
sales, or entries during the POR. All Antidumping Duty Administrative Review of
review requests were timely withdrawn Certain Cut-to-Length Carbon Steel Plate from the
People’s Republic of China,’’ dated concurrently
for the other 14 companies for which with this notice (‘‘Preliminary Decision
mstockstill on DSK3G9T082PROD with NOTICES
this review was initiated. For a Memorandum’’).
complete description of the events that 3 See Memorandum to the Record from Ron
followed the initiation of this Lorentzen, Acting Assistant Secretary for
Enforcement & Compliance, regarding ‘‘Tolling of
administrative review, see the Administrative Deadlines as a Result of the
Government Closure during Snowstorm Jonas,’’
1 See Initiation of Antidumping and dated January 27, 2016.
Countervailing Duty Administrative Reviews, 81 FR 4 For a complete description of the scope of the
739 (January 7, 2016) (‘‘Initiation Notice’’). order see Preliminary Decision Memorandum.
VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1](https://thefederalregister.org/doc/81_FR_53565/page/4.svg)
Document Created: 2018-02-09 11:32:55
Document Modified: 2018-02-09 11:32:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective August 12, 2016. | |
| Contact | Myrna Lobo or Jun 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. | |
| FR Citation | 81 FR 53409 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR