81_FR_91358 81 FR 91116 - Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Final Results of Antidumping Duty Administrative Review; 2013-2015

81 FR 91116 - Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Final Results of Antidumping Duty Administrative Review; 2013-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 242 (December 16, 2016)

Page Range91116-91118
FR Document2016-30306

On June 17, 2016, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on diffusion-annealed, nickel-plated flat rolled steel products from Japan.\1\ The review covers one company, Toyo Kohan Co., Ltd. (Toyo Kohan). The period of review (POR) is November 19, 2013 through April 30, 2015. As a result of our analysis of the comments and information received, these final results do not differ from the Preliminary Results. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 242 (Friday, December 16, 2016)
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91116-91118]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30306]


-----------------------------------------------------------------------

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; 2013-
2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 17, 2016, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on diffusion-annealed, nickel-plated flat rolled 
steel products from Japan.\1\ The review covers one company, Toyo Kohan 
Co., Ltd. (Toyo Kohan). The period of review (POR) is November 19, 2013 
through April 30, 2015. As a result of our analysis of the comments and 
information received, these final results do not differ from the 
Preliminary Results.
---------------------------------------------------------------------------

    \1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Preliminary Results of Antidumping Duty 
Administrative Review; 2013-2015, 81 FR 39627 (June 17, 2016) 
(Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective December 16, 2016.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or Brian Davis, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3362 or (202) 482-7924, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 17, 2016, the Department published the Preliminary Results. 
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to 
comment on our Preliminary Results.\2\ We received a case brief from 
Thomas Steel Strip Corporation (Petitioner) on

[[Page 91117]]

August 1, 2016,\3\ and a rebuttal brief from Toyo Kohan on August 12, 
2016.\4\
---------------------------------------------------------------------------

    \2\ See Preliminary Results, 81 FR at 39628.
    \3\ See Case Brief of Thomas Steel Strip Corporation, dated 
August 1, 2016 (Petitioner's Case Brief).
    \4\ See Letter from Toyo Kohan to the Department of Commerce 
regarding ``Toyo Kohan's Rebuttal Brief: Diffusion-Annealed, Nickel-
Plated Flat-Rolled Steel Products from Japan,'' dated August 12, 
2016 (Toyo Kohan's Rebuttal Brief).
---------------------------------------------------------------------------

    On October 13, 2016, the Department issued a memorandum extending 
the time period for issuing the final results of this administrative 
review from October 15, 2016, to December 9, 2016.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Dena Crossland, International Trade Compliance Analyst, Antidumping 
and Countervailing Duty Operations, Office VI, through Scot 
Fullerton, Antidumping and Countervailing Duty Operations, Office 
VI, on the subject of ``Diffusion-Annealed, Nickel-Plated Flat-
Rolled Steel Products from Japan: Extension of Deadline for Final 
Results of Antidumping; 2013/2015,'' dated October 13, 2016.
---------------------------------------------------------------------------

Scope of the Order

    The diffusion-annealed, nickel-plated flat-rolled steel products 
included in this order are flat-rolled, cold-reduced steel products, 
regardless of chemistry; whether or not in coils; either plated or 
coated with nickel or nickel-based alloys and subsequently annealed 
(i.e., ``diffusion-annealed''); whether or not painted, varnished or 
coated with plastics or other metallic or nonmetallic substances; and 
less than or equal to 2.0 mm in nominal thickness. For purposes of this 
order, ``nickel-based alloys'' include all nickel alloys with other 
metals in which nickel accounts for at least 80 percent of the alloy by 
volume.
    Imports of merchandise included in the scope of this order are 
classified primarily under Harmonized Tariff Schedule of the United 
States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000, but may also 
be classified under HTSUS subheadings 7210.70.6090, 7212.40.1000, 
7212.40.5000, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 
7220.90.0010, 7220.90.0015, 7225.99.0090, or 7226.99.0180. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this order is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum, which is hereby adopted by this notice.\6\ A list of the 
issues that parties raised and to which we responded is attached to 
this notice as an Appendix. 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 
http://access.trade.gov and in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. 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.
---------------------------------------------------------------------------

    \6\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
entitled ``Issues and Decision Memorandum for the Final Results of 
Administrative Review, 2013-2015: Diffusion-Annealed, Nickel-Plated 
Flat-Rolled Steel Products from Japan,'' dated concurrently with 
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have not 
recalculated Toyo Kohan's weighted-average dumping margin for these 
final results.

Final Results of Review

    The Department determines that, for the period November 19, 2013, 
through April 30, 2015, the weighted-average dumping margin for Toyo 
Kohan Co., Ltd. is zero.

Duty Assessment

    The Department shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries.\7\ Because Toyo Kohan's weighted-average dumping margin is 
zero for these final results of review, we will instruct CBP not to 
assess duties on any of its entries in accordance with 19 CFR 351.212 
and the Final Modification for Reviews, i.e., ``{w{time} here the 
weighted-average margin of dumping for the exporter is determined to be 
zero or de minimis, no antidumping duties will be assessed.'' \8\ The 
final results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.
---------------------------------------------------------------------------

    \7\ In these final results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \8\ Id. at 8102.
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by Toyo 
Kohan for which it did not know its merchandise was destined for the 
United States, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for intermediate company(ies) 
involved in the transaction. The all-others rate is 45.42 percent.\9\ 
We intend to issue assessment instructions directly to CBP 15 days 
after publication of the final results of this review.
---------------------------------------------------------------------------

    \9\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Antidumping Duty Order, 79 FR 30816, 30817 (May 
29, 2014) (Order).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication of these final results, as provided by section 751(a)(2) of 
the Tariff Act of 1930, as amended (Act): (1) No cash deposit will be 
required for Toyo Kohan since the rate for Toyo Kohan in the final 
results of this administrative review is zero; (2) for merchandise 
exported by manufacturers or exporters not covered in this 
administrative review but covered in a prior segment of the proceeding, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which that manufacturer or exporter participated; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment of this 
proceeding for the manufacturer of the subject merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 45.42 percent, the all-others rate established in the 
antidumping investigation.\10\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \10\ Id.
---------------------------------------------------------------------------

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant

[[Page 91118]]

entries during the POR. Failure to comply with this requirement could 
result in the Department's presumption that reimbursement of 
antidumping duties occurred and the subsequent assessment of doubled 
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 return or destruction 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 the 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.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: December 9, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Final Issues and Decision 
Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of Interested Party Comments
    Comment 1: Whether Certain of Toyo Kohan's Home Market 
Transactions Were Made Outside the Ordinary Course of Trade and 
Should Be Excluded From Analysis
    Comment 2: U.S. Date of Sale
    Comment 3: Whether the Costs for a Certain Control Number Should 
Be Disregarded
VI. Recommendation

[FR Doc. 2016-30306 Filed 12-15-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  91116                       Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices

                                                  a top coat; 5 and without an adhesive                   were exported by Jaan Huey and                        and the terms of an APO is a
                                                  backing. Certain lightweight thermal                    Hanhong. The Department intends to                    sanctionable violation.
                                                  paper is typically (but not exclusively)                issue assessment instructions to CBP 15                 We are issuing and publishing these
                                                  used in point-of-sale applications such                 days after the date of publication of                 results in accordance with sections
                                                  as ATM receipts, credit card receipts,                  these final results of review.                        751(a)(1) and 777(i) of the Act.
                                                  gas pump receipts, and retail store                                                                             Dated: December 12, 2016.
                                                                                                          Cash Deposit Requirements
                                                  receipts. The merchandise subject to
                                                                                                            The following cash deposit                          Paul Piquado,
                                                  this review may be classified in the
                                                                                                          requirements will be effective upon                   Assistant Secretary for Enforcement and
                                                  Harmonized Tariff Schedule of the
                                                                                                          publication of the final results of this              Compliance.
                                                  United States (‘‘HTSUS’’) under
                                                                                                          administrative review for all shipments               [FR Doc. 2016–30308 Filed 12–15–16; 8:45 am]
                                                  subheadings 3703.10.60, 4811.59.20,
                                                  4811.90.8040, 4811.90.9090, 4820.10.20,                 of the subject merchandise entered, or                BILLING CODE 3510–DS–P

                                                  4823.40.00, 4811.90.8030, 4811.90.8050,                 withdrawn from warehouse, for
                                                  4811.90.9030, and 4811.90.9050.6 7                      consumption on or after the publication
                                                  Although HTSUS subheadings are                          date, as provided for by section                      DEPARTMENT OF COMMERCE
                                                  provided for convenience and customs                    751(a)(2)(C) of the Act: (1) The cash
                                                                                                          deposit rate for Jaan Huey and Hanhong,               International Trade Administration
                                                  purposes, the written description of the
                                                  scope of these orders is dispositive.                   as part of the PRC-wide entity, will be               [A–588–869]
                                                                                                          the PRC-wide rate of 115.29 percent; (2)
                                                  Final Results of Review                                 for previously investigated or reviewed               Diffusion-Annealed, Nickel-Plated Flat-
                                                    The Department continues to find that                 PRC and non-PRC exporters who are not                 Rolled Steel Products From Japan:
                                                  Jaan Huey and Hanhong are not eligible                  under review in this segment of the                   Final Results of Antidumping Duty
                                                  for a separate rate and are part of the                 proceeding but who have separate rates,               Administrative Review; 2013–2015
                                                  PRC-wide entity for the period                          the cash deposit rate will continue to be
                                                  November 1, 2014, through October 31,                   the exporter-specific rate published for              AGENCY:   Enforcement and Compliance,
                                                  2015. Because no party requested a                      the most recent period; (3) for all PRC               International Trade Administration,
                                                  review of the PRC-wide entity, and the                  exporters of subject merchandise that                 Department of Commerce.
                                                  Department no longer considers the                      have not been found to be entitled to a               SUMMARY: On June 17, 2016, the
                                                  PRC-wide entity as an exporter                          separate rate, the cash deposit rate will             Department of Commerce (the
                                                  conditionally subject to administrative                 be the PRC-wide rate of 115.29 percent;               Department) published the preliminary
                                                  reviews, we did not conduct a review of                 and (4) for all non-PRC exporters of                  results of the administrative review of
                                                  the PRC-wide entity and the PRC-wide                    subject merchandise which have not                    the antidumping duty order on
                                                  entity’s rate is not subject to change in               received their own rate, the cash deposit             diffusion-annealed, nickel-plated flat
                                                  this administrative review.8                            rate will be the rate applicable to the               rolled steel products from Japan.1 The
                                                                                                          PRC exporter(s) that supplied that non-               review covers one company, Toyo
                                                  Assessment Rates
                                                                                                          PRC exporter. These deposit                           Kohan Co., Ltd. (Toyo Kohan). The
                                                    We will instruct U.S. Customs and                     requirements, when imposed, shall                     period of review (POR) is November 19,
                                                  Border Protection (‘‘CBP’’) to apply an                 remain in effect until further notice.                2013 through April 30, 2015. As a result
                                                  ad valorem assessment rate of 115.29                                                                          of our analysis of the comments and
                                                  percent (the rate applicable to the PRC-                Notification to Importers                             information received, these final results
                                                  wide entity) to all entries of subject                    This notice also serves as a final                  do not differ from the Preliminary
                                                  merchandise during the POR which                        reminder to importers of their                        Results.
                                                                                                          responsibility under 19 CFR                           DATES: Effective December 16, 2016.
                                                    5 A top coat, when applied, is typically made of
                                                                                                          351.402(f)(2) to file a certificate                   FOR FURTHER INFORMATION CONTACT:
                                                  polyvinyl acetone, polyvinyl alcohol, and/or like
                                                  materials and is intended to provide environmental
                                                                                                          regarding the reimbursement of                        Dena Crossland or Brian Davis, AD/CVD
                                                  protection, an improved surface for press printing,     antidumping duties prior to liquidation               Operations, Office VI, Enforcement and
                                                  and/or wear protection for the thermal print head.      of the relevant entries during this                   Compliance, International Trade
                                                    6 HTSUS subheading 4811.90.8000 was a
                                                                                                          period. Failure to comply with this                   Administration, U.S. Department of
                                                  classification used for LWTP until January 1, 2007.
                                                  Effective that date, subheading 4811.90.8000 was
                                                                                                          requirement could result in the                       Commerce, 1401 Constitution Avenue
                                                  replaced with 4811.90.8020 (for gift wrap, a non-       Secretary’s presumption that                          NW., Washington, DC 20230; telephone:
                                                  subject product) and 4811.90.8040 (for ‘‘other’’        reimbursement of antidumping duties                   (202) 482–3362 or (202) 482–7924,
                                                  including LWTP). HTSUS subheading 4811.90.9000          occurred and the subsequent assessment
                                                  was a classification for LWTP until July 1, 2005.                                                             respectively.
                                                  Effective that date, subheading 4811.90.9000 was
                                                                                                          of double antidumping duties.
                                                  replaced with 4811.90.9010 (for tissue paper, a non-
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                          Notification to Interested Parties
                                                  subject product) and 4811.90.9090 (for ‘‘other,’’                                                             Background
                                                  including LWTP).                                          This notice also serves as a reminder
                                                    7 As of January 1, 2009, the International Trade
                                                                                                          to parties subject to administrative                    On June 17, 2016, the Department
                                                  Commission deleted HTSUS subheadings                    protective orders (‘‘APO’’) of their                  published the Preliminary Results. In
                                                  4811.90.8040 and 4811.90.9090 and added HTSUS
                                                  subheadings 4811.90.8030, 4811.90.8050,                 responsibility concerning the return or               accordance with 19 CFR
                                                  4811.90.9030, and 4811.90.9050 to the Harmonized        destruction of proprietary information                351.309(c)(1)(ii), we invited parties to
                                                  Tariff Schedule of the United States (2009). See        disclosed under APO in accordance                     comment on our Preliminary Results.2
                                                  Harmonized Tariff Schedule of the United States         with 19 CFR 351.305(a)(3), which                      We received a case brief from Thomas
mstockstill on DSK3G9T082PROD with NOTICES




                                                  (2009), available at <ww.usitc.gov>. These HTSUS
                                                  subheadings were added to the scope of the order        continues to govern business                          Steel Strip Corporation (Petitioner) on
                                                  in LWTP’s LTFV investigation.                           proprietary information in this segment
                                                    8 See Antidumping Proceedings: Announcement           of the proceeding. Timely written                       1 See Diffusion-Annealed, Nickel-Plated Flat-

                                                  of Change in Department Practice for Respondent         notification of the return/destruction of             Rolled Steel Products from Japan: Preliminary
                                                  Selection in Antidumping Duty Proceedings and                                                                 Results of Antidumping Duty Administrative
                                                  Conditional Review of the Nonmarket Economy
                                                                                                          APO materials, or conversion to judicial              Review; 2013–2015, 81 FR 39627 (June 17, 2016)
                                                  Entity in NME Antidumping Duty Proceedings, 78          protective order, is hereby requested.                (Preliminary Results).
                                                  FR 65963 (November 4, 2013).                            Failure to comply with the regulations                  2 See Preliminary Results, 81 FR at 39628.




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                                                                              Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices                                                   91117

                                                  August 1, 2016,3 and a rebuttal brief                   A list of the issues that parties raised              merchandise covered by the final results
                                                  from Toyo Kohan on August 12, 2016.4                    and to which we responded is attached                 of this review and for future deposits of
                                                     On October 13, 2016, the Department                  to this notice as an Appendix. The                    estimated duties, where applicable.
                                                  issued a memorandum extending the                       Issues and Decision Memorandum is a                      For entries of subject merchandise
                                                  time period for issuing the final results               public document and is on-file                        during the POR produced by Toyo
                                                  of this administrative review from                      electronically via Enforcement and                    Kohan for which it did not know its
                                                  October 15, 2016, to December 9, 2016.5                 Compliance’s Antidumping and                          merchandise was destined for the
                                                                                                          Countervailing Duty Centralized                       United States, we will instruct CBP to
                                                  Scope of the Order
                                                                                                          Electronic Service System (ACCESS).                   liquidate unreviewed entries at the all-
                                                     The diffusion-annealed, nickel-plated                ACCESS is available to registered users               others rate if there is no rate for
                                                  flat-rolled steel products included in                  at http://access.trade.gov and in the                 intermediate company(ies) involved in
                                                  this order are flat-rolled, cold-reduced                Central Records Unit, Room B8024 of                   the transaction. The all-others rate is
                                                  steel products, regardless of chemistry;                the main Department of Commerce                       45.42 percent.9 We intend to issue
                                                  whether or not in coils; either plated or               building. In addition, a complete                     assessment instructions directly to CBP
                                                  coated with nickel or nickel-based                      version of the Issues and Decision                    15 days after publication of the final
                                                  alloys and subsequently annealed (i.e.,                 Memorandum can be accessed directly                   results of this review.
                                                  ‘‘diffusion-annealed’’); whether or not                 on the Internet at http://
                                                  painted, varnished or coated with                                                                             Cash Deposit Requirements
                                                                                                          enforcement.trade.gov/frn/index.html.
                                                  plastics or other metallic or nonmetallic               The signed Issues and Decision                          The following cash deposit
                                                  substances; and less than or equal to 2.0               Memorandum and the electronic                         requirements will be effective upon
                                                  mm in nominal thickness. For purposes                   version of the Issues and Decision                    publication of this notice for all
                                                  of this order, ‘‘nickel-based alloys’’                  Memorandum are identical in content.                  shipments of subject merchandise
                                                  include all nickel alloys with other                                                                          entered, or withdrawn from warehouse,
                                                  metals in which nickel accounts for at                  Changes Since the Preliminary Results                 for consumption on or after the
                                                  least 80 percent of the alloy by volume.                  Based on a review of the record and                 publication of these final results, as
                                                     Imports of merchandise included in                   comments received from interested                     provided by section 751(a)(2) of the
                                                  the scope of this order are classified                  parties regarding our Preliminary                     Tariff Act of 1930, as amended (Act): (1)
                                                  primarily under Harmonized Tariff                       Results, we have not recalculated Toyo                No cash deposit will be required for
                                                  Schedule of the United States (HTSUS)                   Kohan’s weighted-average dumping                      Toyo Kohan since the rate for Toyo
                                                  subheadings 7212.50.0000 and                            margin for these final results.                       Kohan in the final results of this
                                                  7210.90.6000, but may also be classified                                                                      administrative review is zero; (2) for
                                                                                                          Final Results of Review                               merchandise exported by manufacturers
                                                  under HTSUS subheadings
                                                  7210.70.6090, 7212.40.1000,                               The Department determines that, for                 or exporters not covered in this
                                                  7212.40.5000, 7219.90.0020,                             the period November 19, 2013, through                 administrative review but covered in a
                                                  7219.90.0025, 7219.90.0060,                             April 30, 2015, the weighted-average                  prior segment of the proceeding, the
                                                  7219.90.0080, 7220.90.0010,                             dumping margin for Toyo Kohan Co.,                    cash deposit rate will continue to be the
                                                  7220.90.0015, 7225.99.0090, or                          Ltd. is zero.                                         company-specific rate published for the
                                                  7226.99.0180. Although the HTSUS                        Duty Assessment                                       most recently completed segment of this
                                                  subheadings are provided for                                                                                  proceeding in which that manufacturer
                                                                                                             The Department shall determine and                 or exporter participated; (3) if the
                                                  convenience and customs purposes, the
                                                                                                          U.S. Customs and Border Protection                    exporter is not a firm covered in this
                                                  written description of the scope of this
                                                                                                          (CBP) shall assess antidumping duties                 review, a prior review, or the original
                                                  order is dispositive.
                                                                                                          on all appropriate entries.7 Because                  investigation, but the manufacturer is,
                                                  Analysis of Comments Received                           Toyo Kohan’s weighted-average                         the cash deposit rate will be the rate
                                                    All issues raised in the case and                     dumping margin is zero for these final                established for the most recently
                                                  rebuttal briefs by parties to this                      results of review, we will instruct CBP               completed segment of this proceeding
                                                  administrative review are addressed in                  not to assess duties on any of its entries            for the manufacturer of the subject
                                                  the Issues and Decision Memorandum,                     in accordance with 19 CFR 351.212 and                 merchandise; and (4) the cash deposit
                                                  which is hereby adopted by this notice.6                the Final Modification for Reviews, i.e.,             rate for all other manufacturers or
                                                                                                          ‘‘{w}here the weighted-average margin                 exporters will continue to be 45.42
                                                    3 See Case Brief of Thomas Steel Strip                of dumping for the exporter is                        percent, the all-others rate established
                                                  Corporation, dated August 1, 2016 (Petitioner’s Case    determined to be zero or de minimis, no               in the antidumping investigation.10
                                                  Brief).                                                 antidumping duties will be assessed.’’ 8              These cash deposit requirements, when
                                                    4 See Letter from Toyo Kohan to the Department
                                                                                                          The final results of this review shall be             imposed, shall remain in effect until
                                                  of Commerce regarding ‘‘Toyo Kohan’s Rebuttal
                                                  Brief: Diffusion-Annealed, Nickel-Plated Flat-Rolled
                                                                                                          the basis for the assessment of                       further notice.
                                                  Steel Products from Japan,’’ dated August 12, 2016      antidumping duties on entries of
                                                  (Toyo Kohan’s Rebuttal Brief).                                                                                Notification to Importers Regarding the
                                                    5 See Memorandum to Christian Marsh, Deputy           Compliance entitled ‘‘Issues and Decision             Reimbursement of Duties
                                                  Assistant Secretary for Antidumping and                 Memorandum for the Final Results of                     This notice also serves as a final
                                                  Countervailing Duty Operations, from Dena               Administrative Review, 2013–2015: Diffusion-
                                                  Crossland, International Trade Compliance Analyst,      Annealed, Nickel-Plated Flat-Rolled Steel Products    reminder to importers of their
                                                  Antidumping and Countervailing Duty Operations,         from Japan,’’ dated concurrently with this notice     responsibility under 19 CFR 351.402(f)
                                                  Office VI, through Scot Fullerton, Antidumping and      (Issues and Decision Memorandum).                     to file a certificate regarding the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Countervailing Duty Operations, Office VI, on the          7 In these final results, the Department applied
                                                                                                                                                                reimbursement of antidumping duties
                                                  subject of ‘‘Diffusion-Annealed, Nickel-Plated Flat-    the assessment rate calculation method adopted in
                                                  Rolled Steel Products from Japan: Extension of          Antidumping Proceedings: Calculation of the           prior to liquidation of the relevant
                                                  Deadline for Final Results of Antidumping; 2013/        Weighted-Average Dumping Margin and
                                                  2015,’’ dated October 13, 2016.                         Assessment Rate in Certain Antidumping                  9 See Diffusion-Annealed, Nickel-Plated Flat-
                                                    6 See Memorandum from Christian Marsh, Deputy         Proceedings: Final Modification, 77 FR 8101           Rolled Steel Products from Japan: Antidumping
                                                  Assistant Secretary for Antidumping and                 (February 14, 2012) (Final Modification for           Duty Order, 79 FR 30816, 30817 (May 29, 2014)
                                                  Countervailing Duty Operations, to Paul Piquado,        Reviews).                                             (Order).
                                                  Assistant Secretary for Enforcement and                    8 Id. at 8102.                                       10 Id.




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                                                  91118                       Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices

                                                  entries during the POR. Failure to                      circumstances review of the                                On September 29, 2016, the
                                                  comply with this requirement could                      antidumping duty order on stainless                      petitioners 5 alleged that, since their
                                                  result in the Department’s presumption                  steel bar (SSB) from India to determine                  conditional revocation from the Order,
                                                  that reimbursement of antidumping                       whether to reinstate the order with                      there is evidence that Viraj and Venus
                                                  duties occurred and the subsequent                      respect to Viraj Profı̀les Ltd. (Viraj) and              have both resumed sales to the United
                                                  assessment of doubled antidumping                       Venus Wire Industries Pvt. Ltd. and its                  States at prices below normal value
                                                  duties.                                                 affiliates Hindustan Inox, Precision                     (NV). The petitioners note that Viraj and
                                                                                                          Metals and Sieves Manufacturers (India)                  Venus agreed in writing to
                                                  Administrative Protective Order
                                                                                                          Pvt. Ltd. (collectively, Venus).                         reinstatement into the AD order if either
                                                    This notice also serves as a reminder                 DATES: Effective December 16, 2016.                      company were found to have resumed
                                                  to parties subject to administrative                                                                             dumping, and alleges that, because Viraj
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  protective order (APO) of their                                                                                  and Venus violated this agreement, the
                                                                                                          Thomas Schauer, Enforcement and
                                                  responsibility concerning the return or                                                                          Department should initiate a changed
                                                                                                          Compliance, International Trade
                                                  destruction of proprietary information                                                                           circumstances review (CCR) to
                                                                                                          Administration, U.S. Department of
                                                  disclosed under APO in accordance                                                                                determine whether to reinstate Viraj and
                                                                                                          Commerce, 1401 Constitution Avenue
                                                  with 19 CFR 351.305(a)(3), which                                                                                 Venus into the Order.6
                                                                                                          NW., Washington, DC 20230; telephone
                                                  continues to govern business                                                                                       In November 2016, Viraj and Venus
                                                                                                          (202) 482–0410.
                                                  proprietary information in this segment                                                                          objected to the petitioners’ request for a
                                                  of the proceeding. Timely written                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                                   CCR.7 On November 28, 2016, the
                                                  notification of the return/destruction of               Background                                               petitioners submitted a rebuttal to
                                                  APO materials, or conversion to judicial                                                                         Venus’ objection to the request for a
                                                  protective order, is hereby requested.                     On February 21, 1995, the Department
                                                                                                          published the antidumping duty (AD)                      CCR.8 Also in November 2016, the
                                                  Failure to comply with the regulations                                                                           Department extended the time period
                                                  and the terms of an APO is a                            order on SSB from India.1 On
                                                                                                          September 14, 2004, the Department                       for determining whether to initiate the
                                                  sanctionable violation.                                                                                          CCR by 45 days to December 28, 2016.9
                                                    We are issuing and publishing this                    conditionally revoked the Order with
                                                                                                          respect to merchandise produced and                        In accordance with section 751(b) of
                                                  notice in accordance with sections                                                                               the Tariff Act of 1930, as amended (the
                                                  751(a)(1) and 777(i)(1) of the Act and 19               exported by Viraj Alloys, Ltd., Viraj
                                                                                                          Forgings, Ltd., and Viraj Impoexpo, Ltd.                 Act) and 19 CFR 351.216(b), and as
                                                  CFR 351.213(h).                                                                                                  discussed in further detail below, the
                                                                                                          (collectively, Viraj, and now known as
                                                    Dated: December 9, 2016.                              Viraj Profiles Limited 2), based on a                    Department finds the information
                                                  Paul Piquado,                                           finding of three years of no dumping.3                   submitted by the petitioners sufficient
                                                  Assistant Secretary for Enforcement and                 On September 13, 2011, the Department                    to warrant initiation of a CCR of the AD
                                                  Compliance.                                             conditionally revoked the Order with                     order on SSB from India with respect to
                                                                                                          respect to merchandise produced and                      Viraj and Venus. The period of review
                                                  Appendix—List of Topics Discussed in                                                                             (POR) is July 1, 2015, through June 30,
                                                  the Final Issues and Decision                           exported by Venus, based on a finding
                                                                                                          of three years of no dumping.4                           2016.
                                                  Memorandum                                                                                                         In this CCR, we intend to determine
                                                  I. Summary                                                1 See Antidumping Duty Orders: Stainless Steel         whether Viraj or Venus sold SSB from
                                                  II. List of Issues                                      Bar from Brazil, India, and Japan, 60 FR 9661            India at less than NV subsequent to their
                                                  III. Background                                         (February 21, 1995) (Order).                             revocations from the Order. If we make
                                                  IV. Scope of the Order                                    2 In July 2006, Viraj Forgings Ltd. merged with
                                                                                                                                                                   an affirmative preliminarily finding, we
                                                  V. Discussion of Interested Party Comments              Viraj Alloys Ltd.; in April 2007, Viraj Alloys and
                                                     Comment 1: Whether Certain of Toyo                   Viraj Impoexpo Ltd. merged into Viraj Profiles Ltd.
                                                                                                                                                                   will direct U.S. Customs and Border
                                                        Kohan’s Home Market Transactions                  See Letter from the petitioners, ‘‘Stainless Steel Bar   Protection to suspend liquidation of all
                                                        Were Made Outside the Ordinary Course             From India—Petitioners’ Request for Changed              entries of SSB manufactured in India
                                                        of Trade and Should Be Excluded From              Circumstances Reviews,’’ dated September 29, 2016        and exported by the company(ies) for
                                                                                                          (CCR Request) at Exhibit GEN–1.
                                                        Analysis                                            3 See Stainless Steel Bar From India; Final
                                                                                                                                                                   which we made an affirmative finding.
                                                     Comment 2: U.S. Date of Sale
                                                                                                          Results, Rescission of Antidumping Duty                  Scope of the Order
                                                     Comment 3: Whether the Costs for a                   Administrative Review in Part, and Determination
                                                        Certain Control Number Should Be                  To Revoke in Part, 69 FR 55409 (September 14,               The merchandise subject to the order
                                                        Disregarded                                       2004) (Viraj Revocation). The regulatory provision       is stainless steel bar. Stainless steel bar
                                                  VI. Recommendation                                      governing partial revocation at the time of Viraj’s
                                                  [FR Doc. 2016–30306 Filed 12–15–16; 8:45 am]            (and Venus’s) revocation was 19 CFR 353.25 (1997).          5 Carpenter Technology Corporation, Crucible
                                                                                                          The relevant language remained substantively
                                                  BILLING CODE 3510–DS–P                                  unchanged when 19 CFR 353.25 was superseded by           Industries LLC, Electralloy, a Division of G.O.
                                                                                                          19 CFR 351.222 in 1997. See Antidumping Duties;          Carlson, Inc., North American Stainless,
                                                                                                          Countervailing Duties: Notice of Proposed                Outokumpu Stainless Bar, LLC, Universal Stainless
                                                                                                          Rulemaking and Request for Public Comments, 61           & Alloy Products, Inc., and Valbruna Slater
                                                  DEPARTMENT OF COMMERCE                                                                                           Stainless, Inc. (collectively, the petitioners)
                                                                                                          FR 7308 (February 27, 1996) (1996 Notice of
                                                                                                                                                                      6 See CCR Request.
                                                                                                          Proposed Rulemaking); see also Antidumping
                                                  International Trade Administration                      Duties; Countervailing Duties; Final Rule, 62 FR            7 See Letter from Viraj, ‘‘Stainless Steel Bar from

                                                                                                          27296, 27325–26, 27399–402 (May 19, 1997)                India,’’ dated November 14, 2016 (Viraj Rebuttal)
                                                  [A–533–810]
                                                                                                          (Preamble). The portion of 19 CFR 351.222 related        and Letter from Venus, ‘‘Stainless Steel Bars
                                                                                                          to partial revocations of orders as to specific          (‘‘SSB’’) from India—Response to Request for
                                                  Stainless Steel Bar From India:                         companies has been revoked for all reviews               Changed Circumstances Review,’’ dated November
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Initiation of Antidumping Duty                          initiated on or after June 20, 2012. See Modification    4, 2016 (Venus Rebuttal).
                                                  Changed Circumstances Review                            to Regulation Concerning the Revocation of                  8 See Letter from the petitioners, ‘‘Stainless Bar

                                                                                                          Antidumping and Countervailing Duty Orders:              from India—Petitioners’ Comments Concerning
                                                  AGENCY:  Enforcement and Compliance,                    Final Rule, 77 FR 29875 (May 21, 2012) (Revocation       Venus’ Rebuttal Comments to Petitioners’ Changed
                                                  International Trade Administration,                     Final Rule).                                             Circumstances Review Request,’’ dated November
                                                                                                            4 See Stainless Steel Bar from India: Final Results    29, 2016.
                                                  Department of Commerce.
                                                                                                          of the Antidumping Duty Administrative Review,              9 See Memorandum, ‘‘Extension of Deadline to
                                                  SUMMARY: The Department of Commerce                     and Revocation of the Order, in Part, 76 FR 56401        Initiate Changed Circumstances Review,’’ dated
                                                  (the Department) is initiating a changed                (September 13, 2011) (Venus Revocation).                 November 10, 2016.



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Document Created: 2018-02-14 09:07:11
Document Modified: 2018-02-14 09:07:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective December 16, 2016.
ContactDena Crossland or Brian Davis, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3362 or (202) 482-7924, respectively.
FR Citation81 FR 91116 

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