83_FR_27067 83 FR 26955 - Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

83 FR 26955 - Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 112 (June 11, 2018)

Page Range26955-26957
FR Document2018-12477

The Department of Commerce (Commerce) preliminarily determines that sales of subject merchandise by Toyo Kohan Co., Ltd. (Toyo Kohan) and Nippon Steel & Sumitomo Metals Corporation (NSSMC) were made at less than normal value during the period of review (POR) May 1, 2016, through April 30, 2017. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 83 Issue 112 (Monday, June 11, 2018)
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Pages 26955-26957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12477]


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

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; 
2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of subject merchandise by Toyo Kohan Co., Ltd. (Toyo Kohan) 
and Nippon Steel & Sumitomo Metals Corporation (NSSMC) were made at 
less than normal value during the period of review (POR) May 1, 2016, 
through April 30, 2017. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable June 11, 2018.

FOR FURTHER INFORMATION CONTACT: Moses Song, 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) 482-5041.

SUPPLEMENTARY INFORMATION:

Background

    On May 1, 2017, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on 
certain nickel-plated, flat-rolled steel from Japan.\1\ On May 22, 
2017, Toyo Kohan requested that Commerce conduct an administrative 
review of its sales to the United States during the POR.\2\ On May 30, 
2017, the petitioner, Thomas Steel Strip Corporation (Thomas Steel or 
the petitioner), requested that Commerce conduct administrative reviews 
of Toyo Kohan and Nippon Steel & Sumitomo Metal Corporation (NSSMC).\3\ 
On July 6, 2017, 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), Commerce published a notice of 
initiation of 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.\4\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 82 FR 20315 (May 1, 2017).
    \2\ See Letter from Toyo Kohan to Commerce regarding ``Toyo 
Kohan's Request for Antidumping Administrative Review, Diffusion-
Annealed Nickel-Plated Flat-Rolled Steel Products from Japan,'' 
dated May 22, 2017.
    \3\ See Letter from Thomas Steel to Commerce regarding 
``Diffusion-Annealed Nickel-Plated Flat-Rolled Steel from Japan: 
Request for Third Administrative Review of Antidumping Order,'' 
dated May 30, 2017.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 31292, 31294 (July 6, 2017) 
(Initiation Notice).
---------------------------------------------------------------------------

    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 2018. 
The revised deadline for the preliminary results of this review is June 
4, 2018.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
---------------------------------------------------------------------------

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.

Methodology

    Commerce 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

[[Page 26956]]

James Maeder, Associate Deputy Assistant Secretary for AD/CVD 
Operations, performing the duties of Deputy Assistant Secretary for AD/
CVD Operations, to Gary Taverman, Deputy Assistant Secretary for AD/CVD 
Operations, performing the non-exclusive functions and duties of the 
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 
from Japan; 2016-2017'' (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.

Application of Adverse Facts Available

    Pursuant to section 776(a) of the Act, we are preliminarily relying 
upon facts otherwise available to assign a weighted-average dumping 
margin to NSSMC in this review because NSSMC did not respond to our AD 
Questionnaire.\6\ Therefore, we preliminarily find that necessary 
information is not on the record of this review, and that NSSMC 
withheld information requested by Commerce, failed to provide 
information by the specified deadlines, and significantly impeded the 
conduct of the review. Further, we preliminarily determine that NSSMC 
failed to cooperate by not acting to the best of its ability to comply 
with requests for information and, thus, we are preliminarily applying 
total AFA to NSSMC, in accordance with section 776(b) of the Act. For a 
full description of the methodology underlying our conclusion regarding 
the application of AFA, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See Letter from Commerce to NSSMC, regarding the antidumping 
duty questionnaire, dated July 18, 2017 (AD Questionnaire).
---------------------------------------------------------------------------

Preliminary Results of Review

    We preliminarily determine that, for the period May 1, 2016, 
through April 30, 2017, the following weighted-average dumping margins 
exist for the respondents:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Toyo Kohan Co., Ltd.....................................            4.53
Nippon Steel & Sumitomo Metal Corporation...............           77.70
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce will disclose to parties to the proceeding the 
calculations performed in connection with these preliminary results of 
review within five days after the date of publication of this 
notice.\7\ Interested parties may submit case briefs to Commerce in 
response to these preliminary results no later than 30 days after the 
publication of these preliminary results.\8\ 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.\9\
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    \7\ See 19 CFR 351.224(b)
    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ 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.\10\ Executive 
summaries should be limited to five pages total, including footnotes. 
Case and rebuttal briefs should be filed using ACCESS.\11\ 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 individually on all interested 
parties.\12\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See generally 19 CFR 351.303.
    \12\ 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.\13\ Unless Commerce specifies otherwise, 
the hearing, if requested, will be held two days after the date for 
submission of rebuttal briefs.\14\ Hearing requests should be 
electronically submitted to Commerce via ACCESS.\15\ Commerce'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.\16\ Parties will be 
notified of the time and location of the hearing.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 351.310(d)(1).
    \15\ See generally, 19 CFR 351.303.
    \16\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Commerce 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.\17\
---------------------------------------------------------------------------

    \17\ See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.\18\ If a respondent'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 dumping 
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 a 
respondent's weighted-average dumping margin is zero or de minimis in 
the final results of review, then we will instruct CBP to

[[Page 26957]]

liquidate that respondent's entries without regards to antidumping 
duties 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.'' \19\ Further, if an importer-specific assessment rate is 
zero or de minimis, then we will instruct CBP to liquidate that 
importer's entries without regards to antidumping duties.\20\ 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.
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.212(b)(1).
    \19\ 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).
    \20\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    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.\21\ The all-others rate is 45.42 
percent.\22\
---------------------------------------------------------------------------

    \21\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \22\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Antidumping Duty Order, 79 FR 30816, 30817 (May 
29, 2014) (Order).
---------------------------------------------------------------------------

    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

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 companies 
subject to this review will be equal to the weighted-average dumping 
margin 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 a producer or exporter not 
covered in this review but covered in a prior, completed 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 the less-than-
fair value investigation but the producer is, the cash deposit rate 
will be the rate established a prior, completed segment of this 
proceeding for the most recent period for the producer of the subject 
merchandise; or (4) the cash deposit rate for all other producers or 
exporters will be the all-others rate of 45.42 percent established in 
the investigation.\23\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \23\ 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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    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: June 4, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Use of Adverse Inference
    A. Application of Facts Available
    B. Use of Adverse Inference
    C. Selection and Corroboration of the Adverse Facts Available 
Rate
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. 2018-12477 Filed 6-8-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                              Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices                                                   26955

                                               Customs and Border Protection (CBP) 15                  DEPARTMENT OF COMMERCE                                 notice of initiation of an administrative
                                               days after the date of publication of                                                                          review of the antidumping duty order
                                               these final results of review, to liquidate             International Trade Administration                     on certain nickel-plated, flat-rolled steel
                                               shipments of subject merchandise                        [A–588–869]                                            from Japan with respect to both Toyo
                                               produced and/or exported by the                                                                                Kohan and NSSMC.4
                                               companies listed above, entered, or                     Diffusion-Annealed, Nickel-Plated Flat-                  Commerce exercised its discretion to
                                               withdrawn from warehouse, for                           Rolled Steel Products From Japan:                      toll all deadlines affected by the closure
                                               consumption on or after January 1,                      Preliminary Results of Antidumping                     of the Federal Government from January
                                               2015, through December 31, 2015, at the                 Duty Administrative Review; 2016–                      20 through 22, 2018. The revised
                                               ad valorem rates listed above.                          2017                                                   deadline for the preliminary results of
                                                                                                                                                              this review is June 4, 2018.5
                                               Cash Deposit Instructions                               AGENCY:  Enforcement and Compliance,
                                                                                                       International Trade Administration,                    Scope of the Order
                                                 In accordance with section 751(a)(1)
                                                                                                       Department of Commerce.                                   The diffusion-annealed, nickel-plated
                                               of the Act, Commerce intends to instruct
                                                                                                       SUMMARY: The Department of Commerce                    flat-rolled steel products included in
                                               CBP to collect cash deposits of
                                               estimated countervailing duties in the                  (Commerce) preliminarily determines                    this order are flat-rolled, cold-reduced
                                               amounts shown for each of the                           that sales of subject merchandise by                   steel products, regardless of chemistry;
                                               respective companies listed above.                      Toyo Kohan Co., Ltd. (Toyo Kohan) and                  whether or not in coils; either plated or
                                                                                                       Nippon Steel & Sumitomo Metals                         coated with nickel or nickel-based
                                               These cash deposit requirements, when
                                                                                                       Corporation (NSSMC) were made at less                  alloys and subsequently annealed (i.e.,
                                               imposed, shall remain in effect until
                                                                                                       than normal value during the period of                 ‘‘diffusion-annealed’’); whether or not
                                               further notice.
                                                                                                       review (POR) May 1, 2016, through                      painted, varnished or coated with
                                               Administrative Protective Orders                        April 30, 2017. Interested parties are                 plastics or other metallic or nonmetallic
                                                                                                       invited to comment on these                            substances; and less than or equal to 2.0
                                                  This notice also serves as a reminder                preliminary results.
                                               to parties subject to administrative                                                                           mm in nominal thickness. For purposes
                                                                                                       DATES: Applicable June 11, 2018.                       of this order, ‘‘nickel-based alloys’’
                                               protective order (APO) of their
                                               responsibility concerning the                           FOR FURTHER INFORMATION CONTACT:                       include all nickel alloys with other
                                               destruction of proprietary information                  Moses Song, AD/CVD Operations, Office                  metals in which nickel accounts for at
                                               disclosed under APO in accordance                       VI, Enforcement and Compliance,                        least 80 percent of the alloy by volume.
                                                                                                       International Trade Administration,                       Imports of merchandise included in
                                               with 19 CFR 351.305(a)(3). Timely
                                                                                                       U.S. Department of Commerce, 1401                      the scope of this order are classified
                                               written notification of the return or
                                                                                                       Constitution Avenue NW, Washington,                    primarily under Harmonized Tariff
                                               destruction of APO materials or
                                                                                                       DC 20230; telephone: (202) 482–5041.                   Schedule of the United States (HTSUS)
                                               conversion to judicial protective order is
                                                                                                       SUPPLEMENTARY INFORMATION:                             subheadings 7212.50.0000 and
                                               hereby requested. Failure to comply
                                                                                                                                                              7210.90.6000, but may also be classified
                                               with the regulations and terms of an                    Background                                             under HTSUS subheadings
                                               APO is a sanctionable violation.
                                                                                                         On May 1, 2017, Commerce published                   7210.70.6090, 7212.40.1000,
                                                  We are issuing and publishing these                  a notice of opportunity to request an                  7212.40.5000, 7219.90.0020,
                                               final results in accordance with sections               administrative review of the                           7219.90.0025, 7219.90.0060,
                                               751(a)(1) and 777(i)(1) of the Act.                     antidumping duty order on certain                      7219.90.0080, 7220.90.0010,
                                                 Dated: June 5, 2018.                                  nickel-plated, flat-rolled steel from                  7220.90.0015, 7225.99.0090, or
                                               Gary Taverman,                                          Japan.1 On May 22, 2017, Toyo Kohan                    7226.99.0180. The foregoing HTSUS
                                               Deputy Assistant Secretary for Antidumping              requested that Commerce conduct an                     subheadings are provided only for
                                               and Countervailing Duty Operations,                     administrative review of its sales to the              convenience and customs purposes. The
                                               performing the non-exclusive functions and              United States during the POR.2 On May                  written description of the scope of this
                                               duties of the Assistant Secretary for                   30, 2017, the petitioner, Thomas Steel                 order is dispositive.
                                               Enforcement and Compliance.                             Strip Corporation (Thomas Steel or the
                                                                                                       petitioner), requested that Commerce                   Methodology
                                               Appendix
                                                                                                       conduct administrative reviews of Toyo                    Commerce is conducting this review
                                               List of Topics Discussed in the Final                   Kohan and Nippon Steel & Sumitomo                      in accordance with section 751(a)(2) of
                                               Decision Memorandum                                     Metal Corporation (NSSMC).3 On July 6,                 the Act. For Toyo Kohan, export price
                                               I. Summary                                              2017, in response to these timely                      is calculated in accordance with section
                                               II. Background                                          requests, and in accordance with section               772 of the Act. Normal value is
                                               III. List of Interested Party Comments                  751(a) of the Tariff Act of 1930, as                   calculated in accordance with section
                                               IV. Scope of the Order                                                                                         773 of the Act. For a full description of
                                                                                                       amended (the Act) and 19 CFR
                                               V. Changes Since the Preliminary Results
                                                                                                       351.221(c)(1)(i), Commerce published a                 the methodology underlying our
                                               VI. Subsidies Valuation Information
                                               VII. Benchmarks                                                                                                conclusions, see the memorandum from
                                                                                                         1 See Antidumping or Countervailing Duty Order,
                                               VIII. Use of Facts Otherwise Available and
                                                     Adverse Inferences                                Finding, or Suspended Investigation; Opportunity          4 See Initiation of Antidumping and
                                                                                                       to Request Administrative Review, 82 FR 20315          Countervailing Duty Administrative Reviews, 82 FR
                                               IX. Programs Determined to Be                           (May 1, 2017).                                         31292, 31294 (July 6, 2017) (Initiation Notice).
                                                     Countervailable                                     2 See Letter from Toyo Kohan to Commerce                5 See Memorandum for The Record from
                                               X. Programs Determined Not to Confer
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       regarding ‘‘Toyo Kohan’s Request for Antidumping       Christian Marsh, Deputy Assistant Secretary for
                                                     Measurable Benefits                               Administrative Review, Diffusion-Annealed Nickel-      Enforcement and Compliance, performing the non-
                                               XI. Programs Determined Not to Be Used                  Plated Flat-Rolled Steel Products from Japan,’’        exclusive functions and duties of the Assistant
                                                     During the POR                                    dated May 22, 2017.                                    Secretary for Enforcement and Compliance,
                                               XII. Analysis of Comments                                 3 See Letter from Thomas Steel to Commerce           ‘‘Deadlines Affected by the Shutdown of the
                                               XIII. Conclusion                                        regarding ‘‘Diffusion-Annealed Nickel-Plated Flat-     Federal Government’’ (Tolling Memorandum),
                                                                                                       Rolled Steel from Japan: Request for Third             dated January 23, 2018. All deadlines in this
                                               [FR Doc. 2018–12483 Filed 6–8–18; 8:45 am]              Administrative Review of Antidumping Order,’’          segment of the proceeding have been extended by
                                               BILLING CODE 3510–DS–P                                  dated May 30, 2017.                                    3 days.



                                          VerDate Sep<11>2014   19:19 Jun 08, 2018   Jkt 244001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\11JNN1.SGM   11JNN1


                                               26956                                    Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices

                                               James Maeder, Associate Deputy                                           registered users at http://                                               preliminarily find that necessary
                                               Assistant Secretary for AD/CVD                                           access.trade.gov and is available to all                                  information is not on the record of this
                                               Operations, performing the duties of                                     parties in the Central Records Unit,                                      review, and that NSSMC withheld
                                               Deputy Assistant Secretary for AD/CVD                                    Room B8024 of the main Department of                                      information requested by Commerce,
                                               Operations, to Gary Taverman, Deputy                                     Commerce building. In addition, a                                         failed to provide information by the
                                               Assistant Secretary for AD/CVD                                           complete version of the Preliminary                                       specified deadlines, and significantly
                                               Operations, performing the non-                                          Decision Memorandum can be accessed                                       impeded the conduct of the review.
                                               exclusive functions and duties of the                                    directly on the internet at http://                                       Further, we preliminarily determine
                                               Assistant Secretary for Enforcement and                                  enforcement.trade.gov/frn/index.html.                                     that NSSMC failed to cooperate by not
                                               Compliance, titled ‘‘Decision                                            A list of topics discussed in the                                         acting to the best of its ability to comply
                                               Memorandum for Preliminary Results of                                    Preliminary Decision Memorandum is                                        with requests for information and, thus,
                                               Antidumping Duty Administrative                                          attached as an Appendix to this notice.                                   we are preliminarily applying total AFA
                                               Review: Diffusion-Annealed, Nickel-                                      The signed Preliminary Decision                                           to NSSMC, in accordance with section
                                               Plated Flat-Rolled Steel Products from                                   Memorandum and the electronic                                             776(b) of the Act. For a full description
                                               Japan; 2016–2017’’ (Preliminary                                          versions of the Preliminary Decision                                      of the methodology underlying our
                                               Decision Memorandum), which is                                           Memorandum are identical in content.                                      conclusion regarding the application of
                                               issued concurrent with and hereby                                                                                                                  AFA, see the Preliminary Decision
                                                                                                                        Application of Adverse Facts Available
                                               adopted by this notice.                                                                                                                            Memorandum.
                                                  The Preliminary Decision                                                Pursuant to section 776(a) of the Act,
                                                                                                                                                                                                  Preliminary Results of Review
                                               Memorandum is a public document and                                      we are preliminarily relying upon facts
                                               is on file electronically via Enforcement                                otherwise available to assign a                                             We preliminarily determine that, for
                                               and Compliance’s Antidumping and                                         weighted-average dumping margin to                                        the period May 1, 2016, through April
                                               Countervailing Duty Centralized                                          NSSMC in this review because NSSMC                                        30, 2017, the following weighted-
                                               Electronic Service System (ACCESS).                                      did not respond to our AD                                                 average dumping margins exist for the
                                               Access to ACCESS is available to                                         Questionnaire.6 Therefore, we                                             respondents:

                                                                                                                                                                                                                                                 Weighted-
                                                                                                                                                                                                                                                  average
                                                                                                                               Producer or exporter                                                                                              dumping
                                                                                                                                                                                                                                                  margin
                                                                                                                                                                                                                                                 (percent)

                                               Toyo Kohan Co., Ltd ...........................................................................................................................................................................          4.53
                                               Nippon Steel & Sumitomo Metal Corporation .....................................................................................................................................                         77.70



                                               Disclosure and Public Comment                                            entirety by 5 p.m. Eastern Time. Case                                        Commerce intends to publish the final
                                                  Commerce will disclose to parties to                                  and rebuttal briefs must be served                                        results of this administrative review,
                                               the proceeding the calculations                                          individually on all interested parties.12                                 including the results of its analysis of
                                               performed in connection with these                                          Within 30 days of the date of                                          issues addressed in any case or rebuttal
                                               preliminary results of review within five                                publication of this notice, interested                                    brief, no later than 120 days after
                                               days after the date of publication of this                               parties may request a public hearing on                                   publication of the preliminary results,
                                               notice.7 Interested parties may submit                                   arguments raised in the case and                                          unless extended.17
                                               case briefs to Commerce in response to                                   rebuttal briefs.13 Unless Commerce                                        Assessment Rates
                                               these preliminary results no later than                                  specifies otherwise, the hearing, if
                                               30 days after the publication of these                                   requested, will be held two days after                                      Upon completion of this
                                               preliminary results.8 Rebuttal briefs, the                               the date for submission of rebuttal                                       administrative review, Commerce shall
                                               content of which is limited to the issues                                briefs.14 Hearing requests should be                                      determine, and Customs and Border
                                               raised in the case briefs, must be filed                                 electronically submitted to Commerce                                      Protection (CBP) shall assess,
                                               within five days from the deadline date                                  via ACCESS.15 Commerce’s electronic                                       antidumping duties on all appropriate
                                               for the submission of case briefs.9                                      records system, ACCESS, must                                              entries.18 If a respondent’s weighted-
                                                  Parties who submit arguments in this                                  successfully receive an electronically-                                   average dumping margin is not zero or
                                               proceeding are requested to submit with                                  filed document in its entirety by 5:00                                    de minimis in the final results of this
                                               each argument: (1) A statement of the                                    p.m. Eastern Time within 30 days after                                    review, we will calculate importer-
                                               issue; (2) a brief summary of the                                        the date of publication of this notice.                                   specific assessment rates on the basis of
                                               argument; and (3) a table of                                             Requests should contain: (1) The party’s                                  the ratio of the total amount of dumping
                                               authorities.10 Executive summaries                                       name, address, and telephone number;                                      calculated for an importer’s examined
                                               should be limited to five pages total,                                   (2) the number of participants; and (3)                                   sales and the total entered value of such
                                               including footnotes. Case and rebuttal                                   a list of issues to be discussed. Issues                                  sales in accordance with 19 CFR
                                               briefs should be filed using ACCESS.11                                   raised in the hearing will be limited to                                  351.212(b)(1). If a respondent’s
                                               In order to be properly filed, ACCESS                                    those raised in the respective case and                                   weighted-average dumping margin is
                                               must successfully receive an                                             rebuttal briefs.16 Parties will be notified                               zero or de minimis in the final results
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                                               electronically-filed document in its                                     of the time and location of the hearing.                                  of review, then we will instruct CBP to
                                                 6 See Letter from Commerce to NSSMC, regarding                            10 See 19 CFR 351.309(c)(2) and (d)(2).                                  15 See generally, 19 CFR 351.303.
                                               the antidumping duty questionnaire, dated July 18,                          11 See generally 19 CFR 351.303.                                         16 See 19 CFR 351.310(c).
                                               2017 (AD Questionnaire).                                                    12 See 19 CFR 351.303(f).                                                17 See section 751(a)(3)(A) of the Act; 19 CFR
                                                 7 See 19 CFR 351.224(b)
                                                 8 See 19 CFR 351.309(c)(1)(ii).
                                                                                                                           13 See 19 CFR 351.310(c).                                              351.213(h).
                                                                                                                           14 See 19 CFR 351.310(d)(1).                                             18 See 19 CFR 351.212(b)(1).
                                                 9 See 19 CFR 351.309(d)(1) and (2).




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                                                                              Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices                                                      26957

                                               liquidate that respondent’s entries                     continue to be the company-specific rate                  6. Calculation of Normal Value Based on
                                               without regards to antidumping duties                   published for the most recent period; (3)                    Comparison Market Prices
                                               in accordance with the Final                            if the exporter is not a firm covered in                  7. Price-to-Constructed Value Comparisons
                                               Modification for Reviews, i.e., ‘‘{w}here                                                                         8. Constructed Value
                                                                                                       this review, a prior review, or the less-
                                                                                                                                                                 F. Currency Conversion
                                               the weighted-average margin of                          than-fair value investigation but the                   VIII. Recommendation
                                               dumping for the exporter is determined                  producer is, the cash deposit rate will be
                                               to be zero or de minimis, no                                                                                    [FR Doc. 2018–12477 Filed 6–8–18; 8:45 am]
                                                                                                       the rate established a prior, completed
                                               antidumping duties will be assessed.’’ 19               segment of this proceeding for the most                 BILLING CODE 3510–DS–P

                                               Further, if an importer-specific                        recent period for the producer of the
                                               assessment rate is zero or de minimis,                  subject merchandise; or (4) the cash
                                               then we will instruct CBP to liquidate                                                                          DEPARTMENT OF COMMERCE
                                                                                                       deposit rate for all other producers or
                                               that importer’s entries without regards                 exporters will be the all-others rate of                International Trade Administration
                                               to antidumping duties.20 The final                      45.42 percent established in the
                                               results of this review shall be the basis               investigation.23 These cash deposit                     [A–489–816]
                                               for the assessment of antidumping                       requirements, when imposed, shall
                                               duties on entries of merchandise                        remain in effect until further notice.                  Certain Oil Country Tubular Goods
                                               covered by the final results of this                                                                            From Turkey: Preliminary Results of
                                               review and for future deposits of                       Notification to Importers                               Antidumping Duty Administrative
                                               estimated duties, where applicable.                        This notice also serves as a reminder                Review; 2016–2017
                                                  For entries of subject merchandise                   to importers of their responsibility                    AGENCY:  Enforcement and Compliance,
                                               during the POR produced by Toyo                         under 19 CFR 351.402(f)(2) to file a                    International Trade Administration,
                                               Kohan for which it did not know its                     certificate regarding the reimbursement                 Department of Commerce.
                                               merchandise was destined for the                        of antidumping duties prior to
                                                                                                                                                               SUMMARY: The Department of Commerce
                                               United States, we will instruct CBP to                  liquidation of the relevant entries
                                                                                                                                                               (Commerce) preliminarily determines
                                               liquidate unreviewed entries at the all-                during this review period. Failure to
                                                                                                                                                               that producers/exporters subject to this
                                               others rate if there is no rate for                     comply with this requirement could
                                                                                                                                                               review made sales of the subject
                                               intermediate company(ies) involved in                   result in Commerce’s presumption that
                                                                                                                                                               merchandise at less than normal value.
                                               the transaction.21 The all-others rate is               reimbursement of antidumping duties
                                                                                                                                                               We invite interested parties to comment
                                               45.42 percent.22                                        occurred and the subsequent assessment
                                                                                                                                                               on these preliminary results.
                                                  We intend to issue liquidation                       of double antidumping duties.
                                               instructions to CBP 15 days after                                                                               DATES: Effective June 11, 2018.
                                               publication of the final results of this                Notification to Interested Parties                      FOR FURTHER INFORMATION CONTACT:
                                               review.                                                   We are issuing and publishing this                    Dmitry Vladimirov, AD/CVD
                                                                                                       notice in accordance with sections                      Operations, Office I, Enforcement and
                                               Cash Deposit Requirements                               751(a)(1) and 777(i)(1) of the Act and 19               Compliance, International Trade
                                                  The following cash deposit                           CFR 351.213(h)(1).                                      Administration, U.S. Department of
                                               requirements will be effective upon                       Dated: June 4, 2018.                                  Commerce, 1401 Constitution Avenue
                                               publication of the final results of this                                                                        NW, Washington, DC 20230; telephone:
                                                                                                       Gary Taverman,
                                               administrative review for all shipments                                                                         (202) 482–0665.
                                                                                                       Deputy Assistant Secretary for Antidumping
                                               of the subject merchandise entered, or                  Countervailing Duty Operations, performing              SUPPLEMENTARY INFORMATION:
                                               withdrawn from warehouse, for                           the non-exclusive functions and duties of the
                                               consumption on or after the publication                                                                         Background
                                                                                                       Assistant Secretary for Enforcement and
                                               date of the final results of this                       Compliance.                                                Commerce is conducting an
                                               administrative review, as provided by                                                                           administrative review of the
                                               section 751(a)(2)(C) of the Act: (1) The                Appendix—List of Topics Discussed in                    antidumping duty order on certain oil
                                               cash deposit rate for companies subject                 the Preliminary Decision Memorandum                     country tubular goods (OCTG) from
                                               to this review will be equal to the                     I. Summary                                              Turkey. The period of review (POR) is
                                               weighted-average dumping margin                         II. Background                                          September 1, 2016, through August 31,
                                               established in the final results of this                III. Scope of the Order                                 2017. The review covers six producers/
                                               administrative review (except, if the rate              IV. Application of Facts Available and Use of           exporters of the subject merchandise.
                                                                                                             Adverse Inference
                                               is zero or de minimis, no cash deposit                                                                          We selected Çayirova Boru Sanayi ve
                                                                                                          A. Application of Facts Available
                                               will be required); (2) for merchandise                     B. Use of Adverse Inference                          Ticaret A.Ş. and Yücel Boru İthalat-
                                               exported by a producer or exporter not                     C. Selection and Corroboration of the                İhracat ve Pazarlama A.Ş (collectively,
                                               covered in this review but covered in a                       Adverse Facts Available Rate                      Yücel) 1 for individual examination.
                                               prior, completed segment of this                        V. Comparisons to Normal Value
                                                                                                       VI. Product Comparisons                                 Scope of the Order
                                               proceeding, the cash deposit rate will
                                                                                                       VII. Discussion of Methodology                             The merchandise covered by the order
                                                 19 See Antidumping Proceedings: Calculation of           A. Determination of Comparison Method                is certain OCTG. The merchandise
                                               the Weighted-Average Dumping Margin and                    B. Results of the Differential Pricing               subject to the order is currently
                                               Assessment Rate in Certain Antidumping                        Analysis
                                                                                                                                                               classified in the Harmonized Tariff
                                               Proceedings: Final Modification, 77 FR 8101, 8102          C. Date of Sale
                                               (February 14, 2012) (Final Modification for                D. Export Price                                      Schedule of the United States (HTSUS)
                                               Reviews).                                                                                                       under item numbers: 7304.29.10.10,
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                                                                                                          E. Normal Value
                                                 20 See 19 CFR 351.106(c)(2).
                                                                                                          1. Home Market Viability
                                                 21 See Antidumping and Countervailing Duty                                                                      1 We previously determined these companies to
                                                                                                          2. Level of Trade
                                               Proceedings: Assessment of Antidumping Duties, 68                                                               constitute a single entity. See Certain Oil Country
                                                                                                          3. Sales to Affiliated Customers
                                               FR 23954 (May 6, 2003).                                                                                         Tubular Goods from the Republic of Turkey: Final
                                                 22 See Diffusion-Annealed, Nickel-Plated Flat-
                                                                                                          4. Cost of Production Analysis
                                                                                                                                                               Determination of Sales at Less Than Fair Value and
                                               Rolled Steel Products from Japan: Antidumping              5. Cost of Production Test                           Affirmative Final Determination of Critical
                                               Duty Order, 79 FR 30816, 30817 (May 29, 2014)                                                                   Circumstances in Part, 79 FR 41971, 41973 (July 18,
                                               (Order).                                                  23 See   Order, 79 FR at 30817.                       2014).



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Document Created: 2018-11-02 11:58:28
Document Modified: 2018-11-02 11:58:28
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 June 11, 2018.
ContactMoses Song, 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) 482-5041.
FR Citation83 FR 26955 

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