82_FR_57949 82 FR 57715 - Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Final Results of Antidumping Duty Administrative Review; 2015-2016

82 FR 57715 - Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Final Results of Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 234 (December 7, 2017)

Page Range57715-57717
FR Document2017-26380

On June 6, 2017, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on diffusion- annealed, nickel-plated flat-rolled steel products (nickel-plated, flat-rolled steel) from Japan. The review covers two producers/ exporters of the subject merchandise, Toyo Kohan Co., Ltd (Toyo Kohan) and Nippon Steel & Sumitomo Metals Corporation (NSSMC). The period of review (POR) is May 1, 2015, through April 30, 2016. As a result of our analysis of the comments and information received, these final results differ from the preliminary results of review. For the final weighted- average dumping margin, see the ``Final Results of Review'' section, below. Further, we continue to find that NSSMC had no reviewable shipments of subject merchandise during the POR.

Federal Register, Volume 82 Issue 234 (Thursday, December 7, 2017)
[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57715-57717]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26380]


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

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; 2015-
2016

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

SUMMARY: On June 6, 2017, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on diffusion-
annealed, nickel-plated flat-rolled steel products (nickel-plated, 
flat-rolled steel) from Japan. The review covers two producers/
exporters of the subject merchandise, Toyo Kohan Co., Ltd (Toyo Kohan) 
and Nippon Steel & Sumitomo Metals Corporation (NSSMC). The period of 
review (POR) is May 1, 2015, through April 30, 2016. As a result of our 
analysis of the comments and information received, these final results 
differ from the preliminary results of review. For the final weighted-
average dumping margin, see the ``Final Results of Review'' section, 
below. Further, we continue to find that NSSMC had no reviewable 
shipments of subject merchandise during the POR.

DATES: Applicable December 7, 2017.

FOR FURTHER INFORMATION CONTACT: Madeline Heeren, 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) 482-9179.

SUPPLEMENTARY INFORMATION:

Background

    On June 6, 2017, the Department published the Preliminary 
Results.\1\ A summary of the events that occurred since the Department 
published these results, as well as a full discussion of the issues 
raised by parties for these final results, may be found in the Issues 
and Decision Memorandum, which is hereby adopted by this notice.\2\
---------------------------------------------------------------------------

    \1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Preliminary Results of Antidumping Duty 
Administrative Review, Preliminary Determination of No Shipments; 
2015-2016, 82 FR 26046 (June 6, 2017) (Preliminary Results) and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan; 2015-2016,'' dated concurrently with and hereby 
adopted by this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

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

[[Page 57716]]

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.

Final Determination of No Shipments

    In the Preliminary Results, the Department determined that NSSMC 
had no shipments during the POR.\3\ Following publication of the 
Preliminary Results, we received no comments from interested parties 
regarding this determination. As a result, and because the record 
contains no evidence to the contrary, we find that NSSMC made no 
shipments during the POR. Accordingly, consistent with the Department's 
practice, we intend to instruct U.S. Customs and Border Protection 
(CBP) to liquidate any existing entries of merchandise produced by 
NSSMC, but exported by other parties without their own rate, at the 
all-others rate.\4\
---------------------------------------------------------------------------

    \3\ See Preliminary Results, 82 FR at 26047, and accompanying 
Preliminary Decision Memorandum, at 2-3.
    \4\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989, 56990 (September 17, 2010).
---------------------------------------------------------------------------

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. A list of the issues raised by parties 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 https://access.trade.gov and it 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 Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties, we made certain changes to the margin calculations 
for Toyo Kohan. For a discussion of these changes, see Issues and 
Decision Memorandum.

Final Results of the Review

    The final weighted-average dumping margins are as follows for the 
period May 1, 2015, through April 30, 2016:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Toyo Kohan Co., Ltd........................................         1.59
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice, 
in accordance with 19 CFR 351.224(b).

Duty Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review pursuant to 
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act) 
and 19 CFR 351.212(b).
    For Toyo Kohan, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), the Department has 
calculated importer-specific ad valorem duty assessment rates. We 
calculated importer-specific ad valorem antidumping duty rates by 
aggregating the total amount of dumping calculated for the importer's 
examined sales and dividing each of these amounts by the total entered 
value associated with those sales. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
where an importer-specific assessment is above de minimis. Pursuant to 
19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard 
to antidumping duties any entries for which the importer-specific 
assessment rate is zero or de minimis.
    As noted in the ``Final Determinaton of No Shipments'' section, 
above, the Department will instruct CBP to liquidate any existing 
entries of merchandise produced by NSSMC but exported by other parties, 
at the rate for the intermediate reseller, if available, or at the all-
others rate.\5\ We intend to issue assessment instructions directly to 
CBP 15 days after publication of the final results of this review.
---------------------------------------------------------------------------

    \5\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003)
---------------------------------------------------------------------------

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 Act: (1) The cash deposit rate for Toyo Kohan will be the rate 
established in the final results of this administrative review; (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; 
(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.\6\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \6\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Antidumping Duty Order, 79 FR 30816, 30817 (May 
29, 2014) (Order).
---------------------------------------------------------------------------

Notification to Importers

    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 entries during the period of review. Failure to comply with 
this requirement could result in the Department's presumption that 
reimbursement of antidumping duties did occur and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (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

[[Page 57717]]

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 1, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of the Issues
    Comment 1: Classification of EP Sales as CEP Sales
    Comment 2: Using Lower of Cost Method or Market Rule for Overrun 
Production Costs
    Comment 3: The Department Should Correct Certain Clerical Errors 
in its Preliminary Results
VI. Recommendation

[FR Doc. 2017-26380 Filed 12-6-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                            Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices                                                 57715

                                                analysis required by the Court and the                  Results with respect to the dumping                   (NSSMC). The period of review (POR) is
                                                specific facts of this case.6                           margins calculated for Xinboda and                    May 1, 2015, through April 30, 2016. As
                                                  On July 7, 2016, the CIT again                        Golden Bird. Based on the Second                      a result of our analysis of the comments
                                                remanded the Department’s selection of                  Remand Results, as affirmed by the CIT,               and information received, these final
                                                the Philippines as a surrogate country.7                the revised dumping margin for                        results differ from the preliminary
                                                Per the Court’s instructions, the                       Xinboda, from November 1, 2011,                       results of review. For the final weighted-
                                                Department reconsidered its surrogate                   through October 31, 2012, is $2.19 per                average dumping margin, see the ‘‘Final
                                                country selection and, under protest,                   kilogram. The separate AFA rate for                   Results of Review’’ section, below.
                                                selected Ukraine as the primary                         Golden Bird from November 1, 2011,                    Further, we continue to find that
                                                surrogate country.8 The calculations                    through October 31, 2012, is $2.76 per                NSSMC had no reviewable shipments of
                                                performed with the new surrogate                        kilogram.                                             subject merchandise during the POR.
                                                values resulted in a weighted-average                     Because the CIT’s ruling was not                    DATES: Applicable December 7, 2017.
                                                dumping margin of $2.19 per kilogram                    appealed, it represents a final and                   FOR FURTHER INFORMATION CONTACT:
                                                for Xinboda. Since the Department                       conclusive court decision, and                        Madeline Heeren, AD/CVD Operations,
                                                recalculated a margin for Xinboda with                  accordingly the Department will                       Office VI, Enforcement and Compliance,
                                                a new surrogate country and new                         instruct Customs and Border Protection                International Trade Administration,
                                                surrogate values, we updated Golden                     (CBP) to assess antidumping duties on                 U.S. Department of Commerce, 1401
                                                Bird’s separate AFA rate to reflect                     unliquidated entries of subject                       Constitution Avenue NW., Washington,
                                                Xinboda’s highest-transaction specific                  merchandise based on the revised                      DC 20230; telephone: (202) 482–9179.
                                                margin using the new surrogate values.                  dumping margins summarized above.                     SUPPLEMENTARY INFORMATION:
                                                Accordingly, Golden Bird was assigned
                                                an updated AFA rate of $2.76 per                        Cash Deposit Requirements                             Background
                                                kilogram.                                                  The Department will not update the                    On June 6, 2017, the Department
                                                  On September 19, 2017, the CIT                        cash deposit requirements for Golden                  published the Preliminary Results.1 A
                                                sustained the Department’s Second                       Bird and Xinboda as they each have                    summary of the events that occurred
                                                Remand Results with respect to the                      later-determined rates from subsequent                since the Department published these
                                                eighteenth administrative review of the                 administrative reviews.                               results, as well as a full discussion of
                                                AD order on fresh garlic from China.9                                                                         the issues raised by parties for these
                                                                                                        Notification to Interested Parties
                                                Timken Notice                                                                                                 final results, may be found in the Issues
                                                                                                          This notice is issued and published in
                                                   In its decision in Timken,10 as                                                                            and Decision Memorandum, which is
                                                                                                        accordance with sections 516A(e)(1),
                                                clarified by Diamond Sawblades,11 the                                                                         hereby adopted by this notice.2
                                                                                                        751(a)(1), and 777(i)(1) of the Act.
                                                Court of Appeals for the Federal Circuit                  Dated: December 4, 2017.                            Scope of the Order
                                                held that, pursuant to section 516A(e) of               Gary Taverman,                                           The diffusion-annealed, nickel-plated
                                                the Tariff Act of 1930, as amended (the                                                                       flat-rolled steel products included in
                                                                                                        Deputy Assistant Secretary for Antidumping
                                                Act), the Department must publish a                     and Countervailing Duty Operations,                   this order are flat-rolled, cold-reduced
                                                notice of a court decision that is not ‘‘in             performing the non-exclusive functions and            steel products, regardless of chemistry;
                                                harmony’’ with a Department                             duties of the Assistant Secretary for                 whether or not in coils; either plated or
                                                determination and must suspend                          Enforcement and Compliance.                           coated with nickel or nickel-based
                                                liquidation of entries pending a                        [FR Doc. 2017–26384 Filed 12–6–17; 8:45 am]           alloys and subsequently annealed (i.e.,
                                                ‘‘conclusive’’ court decision. The CIT’s                BILLING CODE 3510–DS–P                                ‘‘diffusion-annealed’’); whether or not
                                                September 19, 2017, final judgment                                                                            painted, varnished or coated with
                                                sustaining the Second Remand Results                                                                          plastics or other metallic or nonmetallic
                                                constitutes a final decision of the Court               DEPARTMENT OF COMMERCE                                substances; and less than or equal to 2.0
                                                that is not in harmony with the                                                                               mm in nominal thickness. For purposes
                                                Department’s Final Results.12 This                      International Trade Administration
                                                                                                                                                              of this order, ‘‘nickel-based alloys’’
                                                notice is published in fulfillment of the               [A–588–869]                                           include all nickel alloys with other
                                                Timken publication requirements.                                                                              metals in which nickel accounts for at
                                                Amended Final Results                                   Diffusion-Annealed, Nickel-Plated Flat-               least 80 percent of the alloy by volume.
                                                                                                        Rolled Steel Products From Japan:                        Imports of merchandise included in
                                                  Because there is now a final court                    Final Results of Antidumping Duty                     the scope of this order are classified
                                                decision, we are amending the Final                     Administrative Review; 2015–2016                      primarily under Harmonized Tariff
                                                  6 Id. at 6–11.                                        AGENCY:  Enforcement and Compliance,                  Schedule of the United States (HTSUS)
                                                  7 See  Fresh Garlic Producers Association v.          International Trade Administration,                   subheadings 7212.50.0000 and
                                                United States, 180 F. Supp. 3d 1233 (CIT 2016).         Department of Commerce.                               7210.90.6000, but may also be classified
                                                   8 See Memorandum to The File, ‘‘Final Results of                                                           under HTSUS subheadings
                                                                                                        SUMMARY: On June 6, 2017, the
                                                Redetermination Pursuant to Remand: Fresh Garlic
                                                from the People’s Republic of China, Fresh Garlic       Department of Commerce (the                             1 See Diffusion-Annealed, Nickel-Plated Flat-
                                                Producers Association, et al., v. United States, U.S.   Department) published in the Federal                  Rolled Steel Products from Japan: Preliminary
                                                Court of International Trade, Consol. Ct. No. 14–       Register the preliminary results of the               Results of Antidumping Duty Administrative
                                                00180, Slip Op. 16–68,’’ (January 10, 2017) (Second
                                                Remand Results).
                                                                                                        administrative review of the                          Review, Preliminary Determination of No
                                                                                                        antidumping duty order on diffusion-                  Shipments; 2015–2016, 82 FR 26046 (June 6, 2017)
sradovich on DSK3GMQ082PROD with NOTICES




                                                   9 See Fresh Garlic Producers Association v.
                                                                                                                                                              (Preliminary Results) and accompanying
                                                United States, CIT Slip Op. 17–127, Consol. Ct. No.     annealed, nickel-plated flat-rolled steel             Preliminary Decision Memorandum.
                                                14–00180 (September 19, 2017) (Slip Op. 17–127).        products (nickel-plated, flat-rolled steel)             2 See Memorandum, ‘‘Issues and Decision
                                                   10 See Timken Co. v. United States, 893 F.2d 337,
                                                                                                        from Japan. The review covers two                     Memorandum for the Final Results of the
                                                341 (Fed. Cir. 1990) (Timken).                                                                                Administrative Review of the Antidumping Duty
                                                   11 See Diamond Sawblades Mfrs. Coalition v.
                                                                                                        producers/exporters of the subject
                                                                                                                                                              Order on Diffusion-Annealed, Nickel-Plated Flat-
                                                United States, 626 F.3d 1374 (Fed. Cir. 2010)           merchandise, Toyo Kohan Co., Ltd                      Rolled Steel Products from Japan; 2015–2016,’’
                                                (Diamond Sawblades).                                    (Toyo Kohan) and Nippon Steel &                       dated concurrently with and hereby adopted by this
                                                   12 See Final Results.                                Sumitomo Metals Corporation                           notice (Issues and Decision Memorandum).



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                                                57716                      Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices

                                                7210.70.6090, 7212.40.1000,                             parties, we made certain changes to the               15 days after publication of the final
                                                7212.40.5000, 7219.90.0020,                             margin calculations for Toyo Kohan. For               results of this review.
                                                7219.90.0025, 7219.90.0060,                             a discussion of these changes, see Issues
                                                                                                                                                              Cash Deposit Requirements
                                                7219.90.0080, 7220.90.0010,                             and Decision Memorandum.
                                                7220.90.0015, 7225.99.0090, or                                                                                   The following cash deposit
                                                                                                        Final Results of the Review                           requirements will be effective upon
                                                7226.99.0180. Although the HTSUS
                                                subheadings are provided for                             The final weighted-average dumping                   publication of this notice for all
                                                convenience and customs purposes, the                                                                         shipments of subject merchandise
                                                                                                        margins are as follows for the period
                                                written description of the scope of this                                                                      entered, or withdrawn from warehouse,
                                                                                                        May 1, 2015, through April 30, 2016:
                                                order is dispositive.                                                                                         for consumption on or after the
                                                                                                                                                 Weighted-    publication of these final results, as
                                                Final Determination of No Shipments                                                                           provided by section 751(a)(2) of the Act:
                                                                                                                                                  average
                                                  In the Preliminary Results, the                             Producer or exporter               dumping      (1) The cash deposit rate for Toyo
                                                Department determined that NSSMC                                                                  margin      Kohan will be the rate established in the
                                                had no shipments during the POR.3                                                                (percent)    final results of this administrative
                                                Following publication of the                            Toyo Kohan Co., Ltd ................           1.59   review; (2) for merchandise exported by
                                                Preliminary Results, we received no                                                                           manufacturers or exporters not covered
                                                comments from interested parties                        Disclosure                                            in this administrative review but
                                                regarding this determination. As a                                                                            covered in a prior segment of the
                                                result, and because the record contains                   We will disclose the calculations                   proceeding, the cash deposit rate will
                                                no evidence to the contrary, we find that               performed to parties in this proceeding               continue to be the company specific rate
                                                NSSMC made no shipments during the                      within five days of the date of                       published for the most recently
                                                POR. Accordingly, consistent with the                   publication of this notice, in accordance             completed segment of this proceeding;
                                                Department’s practice, we intend to                     with 19 CFR 351.224(b).                               (3) if the exporter is not a firm covered
                                                instruct U.S. Customs and Border                                                                              in this review, a prior review, or the
                                                Protection (CBP) to liquidate any                       Duty Assessment                                       original investigation, but the
                                                existing entries of merchandise                                                                               manufacturer is, the cash deposit rate
                                                                                                           The Department shall determine, and
                                                produced by NSSMC, but exported by                                                                            will be the rate established for the most
                                                                                                        CBP shall assess, antidumping duties on
                                                other parties without their own rate, at                                                                      recently completed segment of this
                                                                                                        all appropriate entries covered by this
                                                the all-others rate.4                                                                                         proceeding for the manufacturer of the
                                                                                                        review pursuant to section 751(a)(2)(C)
                                                                                                                                                              subject merchandise; and (4) the cash
                                                Analysis of Comments Received                           of the Tariff Act of 1930, as amended
                                                                                                                                                              deposit rate for all other manufacturers
                                                   All issues raised in the case and                    (the Act) and 19 CFR 351.212(b).
                                                                                                                                                              or exporters will continue to be 45.42
                                                rebuttal briefs by parties to this                         For Toyo Kohan, because its                        percent, the all-others rate established
                                                administrative review are addressed in                  weighted-average dumping margin is                    in the antidumping investigation.6
                                                the Issues and Decision Memorandum.                     not zero or de minimis (i.e., less than 0.5           These cash deposit requirements, when
                                                A list of the issues raised by parties is               percent), the Department has calculated               imposed, shall remain in effect until
                                                attached to this notice as an Appendix.                 importer-specific ad valorem duty                     further notice.
                                                The Issues and Decision Memorandum                      assessment rates. We calculated
                                                is a public document and is on file                     importer-specific ad valorem                          Notification to Importers
                                                electronically via Enforcement and                      antidumping duty rates by aggregating                   This notice also serves as a final
                                                Compliance’s Antidumping and                            the total amount of dumping calculated                reminder to importers of their
                                                Countervailing Duty Centralized                         for the importer’s examined sales and                 responsibility under 19 CFR 351.402(f)
                                                Electronic Service System (ACCESS).                     dividing each of these amounts by the                 to file a certificate regarding the
                                                ACCESS is available to registered users                 total entered value associated with those             reimbursement of antidumping duties
                                                at https://access.trade.gov and it is                   sales. We will instruct CBP to assess                 prior to liquidation of the relevant
                                                available to all parties in the Central                 antidumping duties on all appropriate                 entries during the period of review.
                                                Records Unit, Room B8024 of the main                    entries covered by this review where an               Failure to comply with this requirement
                                                Department of Commerce building. In                     importer-specific assessment is above de              could result in the Department’s
                                                addition, a complete version of the                     minimis. Pursuant to 19 CFR                           presumption that reimbursement of
                                                Issues and Decision Memorandum can                      351.106(c)(2), we will instruct CBP to                antidumping duties did occur and the
                                                be accessed directly at http://                         liquidate without regard to antidumping               subsequent assessment of doubled
                                                enforcement.trade.gov/frn/index.html.                   duties any entries for which the                      antidumping duties.
                                                The signed and electronic versions of                   importer-specific assessment rate is zero             Administrative Protective Order
                                                the Issues and Decision Memorandum                      or de minimis.
                                                are identical in content.                                                                                       This notice also serves as a reminder
                                                                                                           As noted in the ‘‘Final Determinaton               to parties subject to administrative
                                                Changes Since the Preliminary Results                   of No Shipments’’ section, above, the                 protective orders (APO) of their
                                                  Based on our review of the record and                 Department will instruct CBP to                       responsibility concerning the return or
                                                comments received from interested                       liquidate any existing entries of                     destruction of proprietary information
                                                                                                        merchandise produced by NSSMC but                     disclosed under APO in accordance
                                                   3 See Preliminary Results, 82 FR at 26047, and       exported by other parties, at the rate for            with 19 CFR 351.305(a)(3), which
sradovich on DSK3GMQ082PROD with NOTICES




                                                accompanying Preliminary Decision Memorandum,           the intermediate reseller, if available, or           continues to govern business
                                                at 2–3.                                                 at the all-others rate.5 We intend to issue
                                                   4 See, e.g., Magnesium Metal from the Russian
                                                                                                                                                              proprietary information in this segment
                                                                                                        assessment instructions directly to CBP               of the proceeding. Timely written
                                                Federation: Preliminary Results of Antidumping
                                                Duty Administrative Review, 75 FR 26922, 26923
                                                (May 13, 2010), unchanged in Magnesium Metal              5 For a full discussion of this practice, see         6 See Diffusion-Annealed, Nickel-Plated Flat-

                                                from the Russian Federation: Final Results of           Antidumping and Countervailing Duty Proceedings:      Rolled Steel Products from Japan: Antidumping
                                                Antidumping Duty Administrative Review, 75 FR           Assessment of Antidumping Duties, 68 FR 23954         Duty Order, 79 FR 30816, 30817 (May 29, 2014)
                                                56989, 56990 (September 17, 2010).                      (May 6, 2003)                                         (Order).



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                                                                           Federal Register / Vol. 82, No. 234 / Thursday, December 7, 2017 / Notices                                                     57717

                                                notification of the return/destruction of               antidumping duty administrative                       collect information from which to
                                                APO materials, or conversion to judicial                review, and that the Department has                   calculate a reliable separate rate, or if it
                                                protective order, is hereby requested.                  assigned Xinboda and other non-                       results in a non-punitive rate for
                                                Failure to comply with the regulations                  examined separate rate companies                      separate respondents, adjusting the
                                                and the terms of an APO is a                            Jinxiang Richfar Fruits & Vegetables Co,              separate rate assigned based on the
                                                sanctionable violation.                                 Ltd. (Jinxiang Richfar); Qingdao Lianghe              results of remand pursuant to {Fresh
                                                  We are issuing and publishing this                    International Trade Co., Ltd. (Qingdao                Garlic Producers Association v. United
                                                notice in accordance with sections                      Lianghe); Shandong Chenhe                             States, 180 F. Supp. 3d 1233 (CIT 2016),
                                                751(a)(1) and 777(i)(1) of the Act and 19               International Trading Co., Ltd.                       arising out of the eighteenth
                                                CFR 351.213(h).                                         (Shandong Chenhe); and Weifang                        administrative review of the AD order
                                                  Dated: December 1, 2017.                              Hongqiao International Logistics Co.,                 on fresh garlic from the PRC (FGPA
                                                Gary Taverman,                                          Ltd. (Weifang Hongqiao) a dumping                     II)}.’’ 5
                                                                                                        margin of $2.19 per kilogram.                            On April 28, 2017, the Department
                                                Deputy Assistant Secretary for Antidumping
                                                                                                        DATES: Applicable September 29, 2017.                 filed the Final Remand Results,
                                                and Countervailing Duty Operations
                                                performing the non-exclusive functions and                                                                    continuing to find Golden Bird
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                duties of the Assistant Secretary for                                                                         ineligible for a separate rate.6 For non-
                                                                                                        Chien-Min Yang, AD/CVD Operations,
                                                Enforcement and Compliance.                                                                                   examined separate companies, the
                                                                                                        Office VII, Enforcement and
                                                                                                                                                              Department determined that it would
                                                Appendix I                                              Compliance, International Trade
                                                                                                                                                              establish their rate by applying the
                                                                                                        Administration, U.S. Department of
                                                List of Topics Discussed in the Issues and                                                                    updated separate rate determined in the
                                                                                                        Commerce, 1401 Constitution Avenue
                                                Decision Memorandum                                                                                           remand of the 18th administrative
                                                                                                        NW., Washington, DC 20230; telephone:
                                                I. Summary                                                                                                    review, pursuant to FGPA II.7
                                                                                                        (202) 482–5484.                                          On July 17, 2017, the CIT sustained
                                                II. List of Issues
                                                III. Background                                         SUPPLEMENTARY INFORMATION:                            the Department’s Final Remand Results
                                                IV. Scope of the Order                                  Background                                            as to Golden Bird.8 On September 19,
                                                V. Discussion of the Issues                                                                                   2017, the CIT sustained the
                                                   Comment 1: Classification of EP Sales as                On June 15, 2015, the Department                   Department’s Final Remand Results as
                                                      CEP Sales                                         published the Final Results pertaining                to the separate rate applied to non-
                                                   Comment 2: Using Lower of Cost Method                to mandatory respondents Golden Bird                  examined companies.9 Thus, the
                                                      or Market Rule for Overrun Production             and Jinxiang Hejia Co., Ltd. (Hejia),
                                                      Costs                                                                                                   calculations performed with the new
                                                                                                        along with other exporters, including                 surrogate values resulted in a weighted-
                                                   Comment 3: The Department Should                     non-examined separate rate companies
                                                      Correct Certain Clerical Errors in its                                                                  average dumping margin of $2.19 per
                                                      Preliminary Results
                                                                                                        Xinboda, Jinxiang Richfar, Qingdao                    kilogram and was assigned to Xinboda,
                                                VI. Recommendation                                      Lianghe, Shandong Chenhe, and                         Jinxiang Richfar, Qingdao Lianghe,
                                                                                                        Weifang Hongqiao.1 The period of                      Shandong Chenhe, and Weifang
                                                [FR Doc. 2017–26380 Filed 12–6–17; 8:45 am]
                                                                                                        review (POR) is November 1, 2012,                     Hongqiao.
                                                BILLING CODE 3510–DS–P                                  through October 31, 2013. In the Final
                                                                                                        Results, the Department relied on total               Timken Notice
                                                                                                        adverse facts available (AFA) with                       In its decision in Timken,10 as
                                                DEPARTMENT OF COMMERCE
                                                                                                        respect to Golden Bird and Hejia, and                 clarified by Diamond Sawblades,11 the
                                                International Trade Administration                      found Golden Bird and Hejia to be part                Court of Appeals for the Federal Circuit
                                                                                                        of the PRC-wide entity.2 The                          held that, pursuant to section 516A(e) of
                                                [A–570–831]                                             Department assigned a rate of $1.82 per               the Tariff Act of 1930, as amended (the
                                                                                                        kilogram for Xinboda and the other non-               Act), the Department must publish a
                                                Fresh Garlic From the People’s
                                                                                                        examined separate rate companies.3                    notice of a court decision that is not ‘‘in
                                                Republic of China: Notice of Court                         On July 27, 2016, the CIT remanded
                                                Decision Not in Harmony With Final                                                                            harmony’’ with a Department
                                                                                                        for the Department to consider evidence               determination and must suspend
                                                Results of Administrative Review and                    on the record concerning Golden Bird’s
                                                Notice of Amended Final Results                                                                               liquidation of entries pending a
                                                                                                        independence from government control                  ‘‘conclusive’’ court decision. The CIT’s
                                                AGENCY:  Enforcement and Compliance,                    to determine whether the company is                   September 19, 2017, final judgment
                                                International Trade Administration,                     entitled to separate rate status.4 The                sustaining the Final Remand Results
                                                Department of Commerce.                                 Court ordered the Department to select
                                                SUMMARY: On September 19, 2017, the                     a separate rate for the non-examined                    5 Id.  at 30–31.
                                                United States Court of International                    companies ‘‘by either employing a                       6 See   Memorandum to The File, ‘‘Final Results of
                                                Trade (the CIT) entered final judgment                  different reasonable method to calculate              Redetermination Pursuant to Remand: Fresh Garlic
                                                sustaining the Department of                            the separate rate, such as reopening the              from the People’s Republic of China, Shenzhen
                                                                                                                                                              Xinboda Industrial Co., Ltd., et al. v. United States,
                                                Commerce’s (the Department) remand                      record to examine new mandatory                       U.S. Court of International Trade, Consol. Ct. No.
                                                results pertaining to 19th antidumping                  respondents, reopening the record to                  15–00179, Slip Op. 16–74’’ (April 28, 2016).
                                                duty administrative review of the                                                                                7 Id.

                                                antidumping duty order on fresh garlic                    1 See Fresh Garlic from the People’s Republic of       8 See Hebei Golden Bird Trading Co., Ltd., et al.,

                                                from the People’s Republic of China                     China: Final Results and Partial Rescission of the    v. United States, CIT Slip Op. 17–86, Ct. No. 15–
                                                                                                        19th Antidumping Duty Administrative Review;          00182 (July 17, 2017).
                                                (PRC) for Hebei Golden Trading Co.,
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        2012–2013, 80 FR 34141 (June 15, 2015) (Final            9 See Fresh Garlic Producers Association, et al.,
                                                Ltd. (Golden Bird) and Shenzhen                         Results), and accompanying Issues and Decision        v. United States, CIT Slip Op. 17–127, Consol. Ct.
                                                Xinboda Industrial Co., Ltd. (Xinboda),                 Memorandum (IDM).                                     No. 14–00180 (September 19, 2017) (Slip Op. 17–
                                                                                                          2 See IDM.                                          127).
                                                and certain non-examined separate rate
                                                                                                          3 Id.                                                  10 See Timken Co. v. United States, 893 F.2d 337,
                                                companies. The Department is notifying                    4 See Shenzhen Xinboda Industrial Co., Ltd., et     341 (Fed. Cir. 1990) (Timken).
                                                the public that the final judgment in this              al., v. United States, CIT Slip Op. 16–74, Consol.       11 See Diamond Sawblades Mfrs. Coalition v.
                                                case is not in harmony with the final                   Ct. No. 15–00179 (July 27, 2016) (Garlic 19           United States, 626 F.3d 1374 (Fed. Cir. 2010)
                                                results and partial rescission of the 19th              Remand) at 30.                                        (Diamond Sawblades).



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Document Created: 2017-12-07 00:34:38
Document Modified: 2017-12-07 00:34:38
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
DatesApplicable December 7, 2017.
ContactMadeline Heeren, 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) 482-9179.
FR Citation82 FR 57715 

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