82 FR 26046 - Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 107 (June 6, 2017)
International Trade Administration
Federal Register Volume 82, Issue 107 (June 6, 2017)
| Page Range | 26046-26048 | |
| FR Document | 2017-11672 |
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)] [Notices] [Pages 26046-26048] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11672] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-588-869] Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on diffusion- annealed, nickel-plated flat-rolled steel products (certain nickel- plated, flat-rolled steel) from Japan.\1\ The period of review (POR) is May 1, 2015, through April 30, 2016. The review covers two producers/ exporters of the subject merchandise, Toyo Kohan Co., Ltd. (Toyo Kohan) and Nippon Steel & Sumitomo Metals Corporation (NSSMC). We preliminarily determine that sales of subject merchandise by Toyo Kohan were made at less than normal value during the POR. We also preliminarily determine that NSSMC did not have reviewable entries during the POR. Interested parties are invited to comment on these preliminary results. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 44260 (July 7, 2016) (Initiation Notice). --------------------------------------------------------------------------- DATES: Effective June 6, 2017. FOR FURTHER INFORMATION CONTACT: 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) 482-7924, respectively. SUPPLEMENTARY INFORMATION: Background On May 2, 2016, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on certain nickel-plated, flat-rolled steel from Japan.\2\ On May 11, 2016, respondent Toyo Kohan requested that the Department conduct an administrative review of its sale and shipments to the United States during the POR.\3\ On May 31, 2016, the petitioner, Thomas Steel Strip Corporation (Thomas Steel), requested that the Department conduct administrative reviews of Toyo Kohan and NSSMC.\4\ On July 7, 2016, in response to these timely requests, and in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i), the Department initiated an administrative review of the antidumping duty order on certain nickel-plated, flat-rolled steel from Japan with respect to both Toyo Kohan and NSSMC.\5\ --------------------------------------------------------------------------- \2\ See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 81 FR 26206 (May 2, 2016). \3\ See Letter from Toyo Kohan to the Department regarding ``Toyo Kohan's Request for Antidumping Administrative Review, Diffusion-Annealed Nickel-Plated Flat-Rolled Steel Products from Japan,'' dated May 11, 2016. \4\ See Letter from Thomas Steel to the Department regarding ``Diffusion-Annealed Nickel-Plated Flat-Rolled Steel from Japan: Request for Second Administrative Review of Antidumping Order,'' dated May 31, 2016. \5\ See Initiation Notice, 81 FR at 44262. --------------------------------------------------------------------------- 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. The foregoing HTSUS subheadings are provided only for convenience and customs purposes. The written description of the scope of this order is dispositive. [[Page 26047]] Preliminary Determination of No Shipments Subsequent to the initiation of this administrative review, the Department received a timely submission from NSSMC certifying that it did not have sales, shipments, or exports of subject merchandise to the United States during the POR.\6\ To confirm NSSMC's no shipment claim, the Department issued a no-shipment inquiry to U.S. Customs and Border Protection (CBP) requesting that it review NSSMC's no-shipment claim.\7\ CBP did not report that it had any information to contradict NSSMC's claim of no shipments during the POR.\8\ Therefore, we preliminarily determine that NSSMC had no shipments to the United States, and therefore, no reviewable entries, during the POR. In addition, we find it is not appropriate to rescind the review with respect to NSSMC, but, rather to complete the review and issue appropriate instructions to CBP based on the final results of the review, consistent with our practice.\9\ --------------------------------------------------------------------------- \6\ See Letter from NSSMC to the Department regarding ``Diffusion-Annealed Nickel-Plated Flat-Rolled Steel Products from Japan: Certification on No U.S. Sales During Administrative Review Period,'' dated August 5, 2016 and Letter from NSSMC to the Department regarding ``Diffusion-Annealed Nickel-Plated Flat-Rolled Steel Products from Japan: Response to July 25, 2016 Department Questionnaire,'' dated August 10, 2016. \7\ See the Memorandum to the File from Dena Crossland, ``Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan: No Shipments During the Period of Review from Nippon Steel & Sumitomo Metals Corporation,'' dated May 11, 2017. \8\ Id. \9\ See e.g., Certain Frozen Warmwater Shrimp from Thailand; Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, Preliminary Determination of No Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp from Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 (August 28, 2014). --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(2) of the Act. For Toyo Kohan, export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the memorandum from Gary Taverman, Deputy Assistant Secretary for AD/CVD Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, titled ``Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Diffusion-Annealed, Nickel- Plated Flat-Rolled Steel Products (Certain Nickel-Plated, Flat-Rolled Steel) from Japan; 2015-2016'' (Preliminary Decision Memorandum), which is issued concurrent with and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Access to ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review We preliminarily determine that, for the period May 1, 2015, through April 30, 2016, the following dumping margin exists: ------------------------------------------------------------------------ Weighted- Manufacturer/exporter average margin (percent) ------------------------------------------------------------------------ Toyo Kohan Co., Ltd.................................... 1.42 ------------------------------------------------------------------------ Disclosure and Public Comment The Department will disclose to parties to the proceeding any calculations performed in connection with these preliminary results of review within five days after the date of publication of this notice.\10\ Interested parties may submit case briefs to the Department in response to these preliminary results no later than 30 days after the publication of these preliminary results.\11\ Rebuttal briefs, the content of which is limited to the issues raised in the case briefs, must be filed within five days from the deadline date for the submission of case briefs.\12\ --------------------------------------------------------------------------- \10\ See 19 CFR 351.224(b) \11\ See 19 CFR 351.309(c)(1)(ii). \12\ See 19 CFR 351.309(d)(1) and (2). --------------------------------------------------------------------------- Parties who submit arguments in this proceeding are requested to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\13\ Executive summaries should be limited to five pages total, including footnotes. Case and rebuttal briefs should be filed using ACCESS.\14\ In order to be properly filed, ACCESS must successfully receive an electronically- filed document in its entirety by 5 p.m. Eastern Time. Case and rebuttal briefs must be served on interested parties.\15\ --------------------------------------------------------------------------- \13\ See 19 CFR 351.309(c)(2) and (d)(2). \14\ See generally 19 CFR 351.303. \15\ See 19 CFR 351.303(f). --------------------------------------------------------------------------- Within 30 days of the date of publication of this notice, interested parties may request a public hearing on arguments raised in the case and rebuttal briefs.\16\ Unless the Department specifies otherwise, the hearing, if requested, will be held two days after the date for submission of rebuttal briefs.\17\ Hearing requests should be electronically submitted to the Department via ACCESS.\18\ The Department's electronic records system, ACCESS, must successfully receive an electronically-filed document in its entirety by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs.\19\ Parties will be notified of the time and location of the hearing. --------------------------------------------------------------------------- \16\ See 19 CFR 351.310(c). \17\ See 19 CFR 351.310(d)(1). \18\ See generally, 19 CFR 351.303. \19\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- The Department intends to publish the final results of this administrative review, including the results of its analysis of issues addressed in any case or rebuttal brief, no later than 120 days after publication of the preliminary results, unless extended.\20\ --------------------------------------------------------------------------- \20\ See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h). --------------------------------------------------------------------------- Assessment Rates Upon completion of this administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries.\21\ If Toyo Kohan's weighted-average dumping margin is not zero or de minimis in the final results of this review, we will calculate importer-specific assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for an importer's examined sales and the total entered value of such sales in accordance with 19 CFR 351.212(b)(1). If Toyo Kohan's weighted-average [[Page 26048]] dumping margin is zero or de minimis in the final results of review, we will instruct CBP not to assess duties on any of its entries in accordance with the Final Modification for Reviews, i.e., ``{w{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.'' \22\ 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. --------------------------------------------------------------------------- \21\ See 19 CFR 351.212(b)(1). \22\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification for Reviews). --------------------------------------------------------------------------- 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.\23\ In addition, if the Department determines that NSSMC had no shipments of subject merchandise, any suspended entries that entered under NSSMC's case number will be liquidated at the all-other's rate.\24\ The all-others rate is 45.42 percent.\25\ We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review. --------------------------------------------------------------------------- \23\ See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). \24\ Id. \25\ 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 the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Toyo Kohan will be that established in the final results of this administrative review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of this proceeding, the cash deposit rate will continue to be the company- specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or in the less- than-fair value investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be the all-others rate of 45.42 percent, which is the all-others rate established in the investigation.\26\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \26\ See Order, 79 FR at 30817. --------------------------------------------------------------------------- Notification to Importers This notice also serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 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)(1). Dated: May 30, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Finding of No Shipments V. Comparisons to Normal Value VI. Product Comparisons VII. Discussion of Methodology A. Determination of Comparison Method B. Results of the Differential Pricing Analysis C. Date of Sale D. Export Price E. Normal Value 1. Home Market Viability 2. Level of Trade 3. Sales to Affiliated Customers 4. Cost of Production Analysis 5. Cost of Production Test 6. Calculation of Normal Value Based on Comparison Market Prices 7. Price-to-Constructed Value Comparisons 8. Constructed Value F. Currency Conversion VIII. Recommendation [FR Doc. 2017-11672 Filed 6-5-17; 8:45 am] BILLING CODE 3510-DS-P
![26046 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
should contain: (1) The party’s name, i. Calculation of Cost of Production Japan.2 On May 11, 2016, respondent
address, and telephone number; (2) the ii. Test of Comparison Market Prices Toyo Kohan requested that the
number of participants; and (3) a list of iii. Results of Cost of Production Test Department conduct an administrative
h. Calculation of a Normal Value on
the issues to be discussed. Issues raised review of its sale and shipments to the
Comparison-Market Prices
in the hearing will be limited to those i. Currency Conversion United States during the POR.3 On May
raised in the respective case and XI. Conclusion 31, 2016, the petitioner, Thomas Steel
rebuttal briefs. Strip Corporation (Thomas Steel),
[FR Doc. 2017–11667 Filed 6–5–17; 8:45 am]
We intend to issue the final results of requested that the Department conduct
BILLING CODE 3510–DS–P
this administrative review, including administrative reviews of Toyo Kohan
the results of our analysis of issues and NSSMC.4 On July 7, 2016, in
raised by the parties in the written response to these timely requests, and in
DEPARTMENT OF COMMERCE
comments, within 120 days of accordance with section 751(a) of the
publication of these preliminary results International Trade Administration Tariff Act of 1930, as amended (the Act)
in the Federal Register, unless and 19 CFR 351.221(c)(1)(i), the
otherwise extended.12 [A–588–869] Department initiated an administrative
Notification to Importers review of the antidumping duty order
Diffusion-Annealed, Nickel-Plated Flat- on certain nickel-plated, flat-rolled steel
This notice also serves as a Rolled Steel Products From Japan: from Japan with respect to both Toyo
preliminary reminder to importers of Preliminary Results of Antidumping Kohan and NSSMC.5
their responsibility under 19 CFR Duty Administrative Review,
351.402(f) to file a certificate regarding Preliminary Determination of No Scope of the Order
the reimbursement of antidumping Shipments; 2015–2016 The diffusion-annealed, nickel-plated
duties prior to liquidation of the
AGENCY: Enforcement and Compliance, flat-rolled steel products included in
relevant entries during this review
International Trade Administration, this order are flat-rolled, cold-reduced
period. Failure to comply with this
Department of Commerce. steel products, regardless of chemistry;
requirement could result in the
whether or not in coils; either plated or
Department’s presumption that SUMMARY: The Department of Commerce
coated with nickel or nickel-based
reimbursement of antidumping duties (the Department) is conducting an
alloys and subsequently annealed (i.e.,
occurred and the subsequent assessment administrative review of the
‘‘diffusion-annealed’’); whether or not
of double antidumping duties. antidumping duty order on diffusion-
These preliminary results of painted, varnished or coated with
annealed, nickel-plated flat-rolled steel
administrative review are issued and plastics or other metallic or nonmetallic
products (certain nickel-plated, flat-
published in accordance with sections substances; and less than or equal to 2.0
rolled steel) from Japan.1 The period of
751(a)(1) and 777(i)(1) of the Act and 19 mm in nominal thickness. For purposes
review (POR) is May 1, 2015, through
CFR 351.213(h)(1). of this order, ‘‘nickel-based alloys’’
April 30, 2016. The review covers two
include all nickel alloys with other
Dated: May 31, 2017. producers/exporters of the subject
metals in which nickel accounts for at
Ronald K. Lorentzen, merchandise, Toyo Kohan Co., Ltd.
least 80 percent of the alloy by volume.
Acting Assistant Secretary for Enforcement (Toyo Kohan) and Nippon Steel &
Sumitomo Metals Corporation Imports of merchandise included in
and Compliance.
(NSSMC). We preliminarily determine the scope of this order are classified
Appendix—List of Topics Discussed in that sales of subject merchandise by primarily under Harmonized Tariff
the Preliminary Decision Memorandum Toyo Kohan were made at less than Schedule of the United States (HTSUS)
I. Summary normal value during the POR. We also subheadings 7212.50.0000 and
II. Background preliminarily determine that NSSMC 7210.90.6000, but may also be classified
III. Scope of the Order did not have reviewable entries during under HTSUS subheadings
IV. Selection of Respondents the POR. Interested parties are invited to 7210.70.6090, 7212.40.1000,
V. Preliminary Determination of No comment on these preliminary results. 7212.40.5000, 7219.90.0020,
Shipments 7219.90.0025, 7219.90.0060,
VI. Affiliation DATES: Effective June 6, 2017.
7219.90.0080, 7220.90.0010,
VII. Respondents Not Selected for Individual FOR FURTHER INFORMATION CONTACT:
7220.90.0015, 7225.99.0090, or
Examination Brian Davis, AD/CVD Operations, Office 7226.99.0180. The foregoing HTSUS
VIII. Allegation of Duty Evasion VI, Enforcement and Compliance,
IX. Use of Partial Adverse Facts Available subheadings are provided only for
International Trade Administration, convenience and customs purposes. The
X. Discussion of the Methodology U.S. Department of Commerce, 1401
a. Comparison to Normal Value written description of the scope of this
Constitution Avenue NW., Washington, order is dispositive.
i. Determination of a Comaparison
Methodology DC 20230; telephone: (202) 482–7924,
ii. Results of Differential Pricing respectively. 2 See Antidumping or Countervailing Duty Order,
b. Product Comparisons SUPPLEMENTARY INFORMATION: Finding, or Suspended Investigation; Opportunity
c. Date of Sale to Request Administrative Review, 81 FR 26206
d. Export Price Background (May 2, 2016).
e. Duty Drawback 3 See Letter from Toyo Kohan to the Department
f. Normal Value
On May 2, 2016, the Department regarding ‘‘Toyo Kohan’s Request for Antidumping
mstockstill on DSK30JT082PROD with NOTICES
i. Home Market Viability published a notice of opportunity to Administrative Review, Diffusion-Annealed Nickel-
ii. Affiliated-Party Transactions and Arm’s request an administrative review of the Plated Flat-Rolled Steel Products from Japan,’’
antidumping duty order on certain dated May 11, 2016.
Length Test 4 See Letter from Thomas Steel to the Department
iii. Level of Trade nickel-plated, flat-rolled steel from regarding ‘‘Diffusion-Annealed Nickel-Plated Flat-
g. Cost of Production Analysis Rolled Steel from Japan: Request for Second
1 See Initiation of Antidumping and Administrative Review of Antidumping Order,’’
12 Seesection 751(a)(3)(A) of the Act and 19 CFR Countervailing Duty Administrative Reviews, 81 FR dated May 31, 2016.
351.213(h)(1). 44260 (July 7, 2016) (Initiation Notice). 5 See Initiation Notice, 81 FR at 44262.
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![26048 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
dumping margin is zero or de minimis published for the most recent period; (3) DEPARTMENT OF COMMERCE
in the final results of review, we will if the exporter is not a firm covered in
instruct CBP not to assess duties on any this review, a prior review, or in the International Trade Administration
of its entries in accordance with the less-than-fair value investigation but the [A–570–929]
Final Modification for Reviews, i.e., manufacturer is, the cash deposit rate
‘‘{w}here the weighted-average margin will be the rate established for the most Small Diameter Graphite Electrodes
of dumping for the exporter is recent period for the manufacturer of From the People’s Republic of China:
determined to be zero or de minimis, no the merchandise; and (4) the cash Notice of Partial Rescission of
antidumping duties will be assessed.’’ 22 deposit rate for all other manufacturers Antidumping Duty Administrative
The final results of this review shall be or exporters will continue to be the all- Review; 2016–2017
the basis for the assessment of others rate of 45.42 percent, which is
antidumping duties on entries of the all-others rate established in the AGENCY: Enforcement and Compliance,
merchandise covered by the final results investigation.26 These cash deposit International Trade Administration,
of this review and for future deposits of requirements, when imposed, shall Commerce.
estimated duties, where applicable. remain in effect until further notice. SUMMARY: On April 10, 2017, The
For entries of subject merchandise Department of Commerce (the
during the POR produced by Toyo Notification to Importers Department) published a notice of
Kohan for which it did not know its This notice also serves as a reminder initiation of an administrative review of
merchandise was destined for the to importers of their responsibility the antidumping duty order on small
United States, we will instruct CBP to under 19 CFR 351.402(f)(2) to file a diameter graphite electrodes from the
liquidate unreviewed entries at the all- certificate regarding the reimbursement People’s Republic of China (PRC). Based
others rate if there is no rate for of antidumping duties prior to on the timely withdrawal of the requests
intermediate company(ies) involved in liquidation of the relevant entries for review of certain companies, we are
the transaction.23 In addition, if the during this review period. Failure to now rescinding this administrative
Department determines that NSSMC comply with this requirement could review for the period February 1, 2016
had no shipments of subject result in the Department’s presumption through January 31, 2017 with respect to
merchandise, any suspended entries that reimbursement of antidumping 191 companies.
that entered under NSSMC’s case duties occurred and the subsequent DATES: Effective June 6, 2017.
number will be liquidated at the all- assessment of double antidumping FOR FURTHER INFORMATION CONTACT:
other’s rate.24 The all-others rate is duties. Dennis McClure or John Anwesen, AD/
45.42 percent.25 We intend to issue We are issuing and publishing this CVD Operations, Office VIII,
liquidation instructions to CBP 15 days notice in accordance with sections Enforcement and Compliance,
after publication of the final results of 751(a)(1) and 777(i)(1) of the Act and 19 International Trade Administration,
this review. CFR 351.213(h)(1). U.S. Department of Commerce, 1401
Cash Deposit Requirements Dated: May 30, 2017. Constitution Avenue NW., Washington,
Ronald K. Lorentzen, DC 20230; telephone: (202) 482–5973 or
The following cash deposit (202) 482–0131, respectively.
requirements will be effective upon Acting Assistant Secretary for Enforcement
and Compliance. SUPPLEMENTARY INFORMATION:
publication of the final results of this
administrative review for all shipments Appendix I Background
of the subject merchandise entered, or On February 8, 2017, the Department
withdrawn from warehouse, for List of Topics Discussed in the Preliminary
Decision Memorandum published a notice of opportunity to
consumption on or after the publication request an administrative review of the
date of the final results of this I. Summary
II. Background antidumping duty order on small
administrative review, as provided by diameter graphite electrodes from the
III. Scope of the Order
section 751(a)(2)(C) of the Act: (1) The PRC for the period of review (POR)
IV. Preliminary Finding of No Shipments
cash deposit rate for Toyo Kohan will be V. Comparisons to Normal Value February 1, 2016, through January 31,
that established in the final results of VI. Product Comparisons 2017.1
this administrative review (except, if the VII. Discussion of Methodology On February 28, 2017, SGL Carbon
rate is zero or de minimis, no cash A. Determination of Comparison Method LLC and Superior Graphite Co. (the
deposit will be required); (2) for B. Results of the Differential Pricing petitioners) requested an administrative
merchandise exported by manufacturers Analysis review of the order for 194 producers
or exporters not covered in this review C. Date of Sale
and/or exporters of the subject
but covered in a prior segment of this D. Export Price
E. Normal Value merchandise.2 On April 10, 2017, in
proceeding, the cash deposit rate will accordance with section 751(a) of the
1. Home Market Viability
continue to be the company-specific rate 2. Level of Trade Tariff Act of 1930, as amended (the Act)
3. Sales to Affiliated Customers and 19 CFR 351.221(c)(1)(i), we initiated
22 See Antidumping Proceedings: Calculation of
4. Cost of Production Analysis an administrative review of the order on
the Weighted-Average Dumping Margin and 5. Cost of Production Test
Assessment Rate in Certain Antidumping small diameter graphite electrodes from
Proceedings: Final Modification, 77 FR 8101, 8102
6. Calculation of Normal Value Based on the People’s Republic of China with
(February 14, 2012) (Final Modification for Comparison Market Prices
7. Price-to-Constructed Value Comparisons
mstockstill on DSK30JT082PROD with NOTICES
Reviews). 1 See Antidumping or Countervailing Duty Order,
23 See Antidumping and Countervailing Duty 8. Constructed Value Finding, or Suspended Investigation; Opportunity
Proceedings: Assessment of Antidumping Duties, 68 F. Currency Conversion to Request Administrative Review, 82 FR 9709
FR 23954 (May 6, 2003). VIII. Recommendation (February 8, 2017).
24 Id. 2 See the petitioners’ submission, ‘‘Small
[FR Doc. 2017–11672 Filed 6–5–17; 8:45 am]
25 See Diffusion-Annealed, Nickel-Plated Flat- Diameter Graphite Electrodes from the People’s
Rolled Steel Products from Japan: Antidumping BILLING CODE 3510–DS–P Republic of China—Request for Initiation of
Duty Order, 79 FR 30816, 30817 (May 29, 2014) Antidumping Administrative Review,’’ dated
(Order). 26 See Order, 79 FR at 30817. February 28, 2017.
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Document Created: 2017-06-06 06:21:02
Document Modified: 2017-06-06 06:21:02
| 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 June 6, 2017. | |
| Contact | 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) 482-7924, respectively. | |
| FR Citation | 82 FR 26046 |
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