83_FR_57033 83 FR 56813 - Certain Hot-Rolled Steel Flat Products From Japan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

83 FR 56813 - Certain Hot-Rolled Steel Flat Products From Japan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56813-56815
FR Document2018-24794

The Department of Commerce (Commerce) preliminarily determines that Nippon Steel & Sumitomo Metal Corporation (Nippon Steel) and Tokyo Steel Manufacturing Co., Ltd. (Tokyo Steel), the two companies selected for individual examination, sold subject merchandise in the United States at prices below normal value during the period of review (POR). Additionally, Commerce preliminarily determines that three other companies for which we initiated reviews had no shipments during the POR. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56813-56815]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24794]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-874]


Certain Hot-Rolled Steel Flat Products From Japan: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Nippon Steel & Sumitomo Metal Corporation (Nippon Steel) and Tokyo 
Steel Manufacturing Co., Ltd. (Tokyo Steel), the two companies selected 
for individual examination, sold subject merchandise in the United 
States at prices below normal value during the period of review (POR). 
Additionally, Commerce preliminarily determines that three other 
companies for which we initiated reviews had no shipments during the 
POR. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable November 14, 2018.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jack Zhao, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2371 or (202) 482-1396, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on certain hot-rolled steel flat products (hot-rolled steel) 
from Japan. The notice of initiation of this administrative review was 
published on December 7, 2017.\1\ This review covers 20 producers and 
exporters of the subject merchandise. The POR is March 22, 2016, 
through September 30, 2017. Commerce selected two mandatory respondents 
for individual examination: Nippon Steel and Tokyo Steel.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 57705 (December 7, 2017).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is certain hot-rolled steel 
flat products. For a complete description of the scope of the order, 
see the Preliminary Decision Memorandum.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments: Certain Hot-Rolled Steel Flat 
Products from Japan; 2016-2017,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price 
and constructed export price are calculated in accordance with section 
772 of the Act. NV is calculated in accordance with section 773 of the 
Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. 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 is available to 
registered users at http://access.trade.gov, and 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 at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision 
Memorandum are identical in content. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as the Appendix to this 
notice.

Preliminary Determination of No Shipments

    Among the companies under review, four companies, Hitachi Metals, 
Ltd. (Hitachi), Honda Trading Canada, Inc. (Honda), Mitsui & Co. Ltd. 
(Mitsui), and Panasonic Corporation (Panasonic) properly filed 
statements reporting that they made no shipments of subject merchandise 
to the United States during the POR. Based on the certifications 
submitted and our analysis of Customs and Border Protection (CBP) 
information, we preliminarily determine that Hitachi, Honda, and 
Panasonic had no shipments during the POR.\3\

[[Page 56814]]

Consistent with its practice, Commerce finds that it is not appropriate 
to preliminarily rescind the review with respect to these companies 
but, rather, to complete the review and issue appropriate instructions 
to CBP based on the final results of this review. We intend to solicit 
more information and comments with respect to Mitsui's no shipment 
certification.\4\
---------------------------------------------------------------------------

    \3\ See Hitachi Letter, ``Antidumping Duty Administrative Review 
of Certain Hot-Rolled Steel Flat Products: Hitachi No Shipment 
Letter,'' dated December 18, 2017; see also Honda Letter, 
``Administrative Review of Certain Hot-Rolled Steel Flat Products 
from Japan: Honda Trading Canada, Inc.'s No Shipment 
Certification,'' dated December 22, 2017; see also Mitsui Letter, 
``Antidumping Administrative Review of Certain Hot-Rolled Steel Flat 
Products: Mitsui No Shipment Notification,'' dated January 5, 2018; 
see also Panasonic Letter, ``Administrative Review of Certain Hot-
Rolled Steel Flat Products from Japan: Panasonic Corporation No 
Shipment Certification,'' dated January 5, 2018. See also Public 
Memorandum, ``Re: No shipment inquiry with respect to the companies 
below during the period 03/22/2016 through 09/30/2017,'' dated 
October 23, 2018.
    \4\ See Business Proprietary Memorandum, ``Re: No shipment 
inquiry with respect to the companies below during the period 03/22/
2016 through 09/30/2017,'' dated October 23, 2018.
---------------------------------------------------------------------------

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period March 22, 
2016, through September 30, 2017:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
        Exporter/producer             Weighted-average dumping margin
                                                 (percent)
------------------------------------------------------------------------
Nippon Steel & Sumitomo Metal                      0.54.
 Corporation \5\.
                                 ---------------------------------------
Nisshin Steel Co., Ltd. \6\.....  3/22/2016 to......  3/13/2017 to
                                  3/12/2017.........  9/30/2017.
                                  1.46 \7\..........  0.54. \8\
                                 ---------------------------------------
Tokyo Steel Manufacturing Co.,                     7.64
 Ltd.
------------------------------------------------------------------------

    Review-Specific Average Rate Applicable to the Following Companies: 
\9\
---------------------------------------------------------------------------

    \5\ We collapsed Nippon Steel & Sumikin Bussan Corporation with 
Nippon Steel & Sumitomo Metal Corporation in the underlying 
investigation. See Certain Hot-Rolled Steel Flat Products from 
Japan: Preliminary Determination of Sales at Less than Fair Value 
and Postponement of Final Determination, 81 FR 15222 (March 22, 
2016) and accompanying Preliminary Decision Memorandum at 6-7.
    \6\ We have collapsed Nisshin Steel Co., Ltd. and Nippon Steel & 
Sumitomo Metal Corporation as of March 13, 2017. See Preliminary 
Decision Memorandum at 9.
    \7\ Entries of subject merchandise produced/exported by Nisshin 
Steel Co., Ltd. made prior to March 13, 2017 are subject to the all 
others rate calculated in this administrative review. See Memorandum 
re: Calculation of the Review-Specific Average Rate for the 
Preliminary Results, dated concurrently with this notice.
    \8\ Entries of subject merchandise produced/exported by Nisshin 
Steel Co., Ltd. made on/or after March 13, 2017 are subject to the 
AD rate assigned to Nippon Steel in this administrative review.
    \9\ This rate is based on the weighted-average margin using the 
publicly-ranged sales value of mandatory respondents, and is the 
best proxy of the actual weighted-average margin determined for the 
mandatory respondents. Due to requests to protect business 
proprietary information, we cannot apply our normal methodology of 
calculating a weighted-average margin. See Ball Bearings and Parts 
Thereof from France, et al.: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010); see also Memorandum re: Calculation of the 
Review-Specific Average Rate for the Preliminary Results, dated 
concurrently with this notice.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Hanwa Co., Ltd..........................................            1.46
JFE Steel Corporation \10\..............................            1.46
JFE Shoji Trade America.................................            1.46
Kanematsu Corporation...................................            1.46
Kobe Steel, Ltd.........................................            1.46
Mitsui & Co., Ltd.......................................            1.46
Miyama Industry Co., Ltd................................            1.46
Nippon Steel & Sumikin Logistics Co., Ltd...............            1.46
Okaya & Co. Ltd.........................................            1.46
Saint-Gobain KK.........................................            1.46
Shinsho Corporation.....................................            1.46
Sumitomo Corporation....................................            1.46
Suzukaku Corporation....................................            1.46
Toyota Tsusho Corporation Nagoya........................            1.46
------------------------------------------------------------------------
\\

Assessment Rates
---------------------------------------------------------------------------

    \10\ We collapsed JFE Shoji Trade Corporation with JFE Steel 
Corporation in the underlying investigation. See Certain Hot-Rolled 
Steel Flat Products from Japan: Preliminary Determination of Sales 
at Less than Fair Value and Postponement of Final Determination, 81 
FR 15222 (March 22, 2016) and accompanying Preliminary Decision 
Memorandum at 8-9.
---------------------------------------------------------------------------

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries.
    Pursuant to 19 CFR 351.212(b)(1), where the mandatory respondents 
reported the entered value for their U.S. sales, we calculated 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of dumping calculated for the examined sales to the 
total entered value of the sales for which entered value was reported. 
Where the mandatory respondents did not report entered value, we 
calculated the entered value

[[Page 56815]]

in order to calculate the assessment rate. Where either the 
respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the average \11\ of the cash 
deposit rates calculated for the two mandatory respondents. 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.\12\
---------------------------------------------------------------------------

    \11\ This rate was calculated as discussed in footnote 8, above.
    \12\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

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

Cash Deposit Requirements

    The following deposit requirements will be effective 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 each specific 
company listed above will be that established in the final results of 
this review, except if the rate is less than 0.50 percent and, 
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in 
which case the cash deposit rate will be zero; (2) for previously 
investigated companies not participating in this review, the cash 
deposit will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
or the underlying investigation, but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent segment 
for the manufacturer of the merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be 5.58 
percent, the all-others rate established in the underlying 
investigation.\13\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \13\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016).
---------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\14\ Interested 
parties may submit case briefs not later than 30 days after the date of 
publication of this notice.\15\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than five days after 
the time limit for filing case briefs.\16\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\17\ Case and rebuttal 
briefs should be filed using ACCESS.\18\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.224(b).
    \15\ See 19 CFR 351.309(c)(1)(ii).
    \16\ See 19 CFR 351.309(d)(1).
    \17\ See 19 CFR 351.309(c)(2) and (d)(2).
    \18\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed request for a hearing must be received 
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 
days after the date of publication of this notice.\19\ Hearing 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 issues 
raised in the briefs. If a request for a hearing is made, parties will 
be notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.\20\
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.310(c); 19 CFR 351.303(b)(1).
    \20\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\21\
---------------------------------------------------------------------------

    \21\ See Section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a preliminary 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 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 1, 2018.
James Maeder,
Associate Deputy Assistant Secretary, for Antidumping and 
Countervailing Duty Operations, performing the duties of Deputy 
Assistant Secretary, for Antidumping and Countervailing Duty 
Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Preliminary Determination of No Shipments
VI. Single Entity Analysis
VII. Use of Facts Available and Adverse Facts Available
    A. Legal Authority
    B. Application of Facts Available to Nippon Steel
    C. Application of Facts Available with an Adverse Inference
VIII. Review-Specific Average Rate for Non-Examined Companies
IX. Discussion of the Methodology
    A. Normal Value Comparisons
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    B. Date of Sale
    C. Product Comparisons
    D. Export Price and Constructed Export Price
    E. Normal Value
    1. Home Market Viability
    2. Affiliated Party Transactions and Arm's-Length Test
    3. Level of Trade
    4. Cost of Production Analysis
    5. Calculation of Normal Value Based on Home Market Prices
X. Currency Conversion
XI. Recommendation

[FR Doc. 2018-24794 Filed 11-13-18; 8:45 am]
 BILLING CODE 3510-DS-P



                             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                                    56813

     is hereby requested. Failure to comply                  purposes, the written description of the              Scope of the Order
     with the regulations and terms of an                    scope of this investigation is dispositive.
                                                                                                                      The merchandise covered by the order
     APO is a sanctionable violation.                        [FR Doc. 2018–24806 Filed 11–13–18; 8:45 am]          is certain hot-rolled steel flat products.
     Notification to Interested Parties                      BILLING CODE 3510–DS–P                                For a complete description of the scope
                                                                                                                   of the order, see the Preliminary
       This determination is issued and
                                                                                                                   Decision Memorandum.2
     published in accordance with sections                   DEPARTMENT OF COMMERCE
     735(d) and 777(i)(1) of the Act and 19                                                                        Methodology
     CFR 351.210(c).                                         International Trade Administration                       Commerce is conducting this review
       Dated: November 5, 2018.                                                                                    in accordance with section 751(a) of the
     Gary Taverman,                                          [A–588–874]                                           Tariff Act of 1930, as amended (the Act).
     Deputy Assistant Secretary for Antidumping                                                                    Export price and constructed export
     and Countervailing Duty Operations,
                                                             Certain Hot-Rolled Steel Flat Products                price are calculated in accordance with
     performing the non-exclusive functions and              From Japan: Preliminary Results of                    section 772 of the Act. NV is calculated
     duties of the Assistant Secretary for                   Antidumping Duty Administrative                       in accordance with section 773 of the
     Enforcement and Compliance.                             Review and Preliminary Determination                  Act.
                                                             of No Shipments; 2016–2017                               For a full description of the
     Appendix
                                                                                                                   methodology underlying our
     Scope of the Investigation                              AGENCY:   Enforcement and Compliance,
                                                                                                                   conclusions, see the Preliminary
                                                             International Trade Administration,
        The merchandise covered by this                                                                            Decision Memorandum. The
                                                             Department of Commerce.
     investigation is welded carbon and alloy steel                                                                Preliminary Decision Memorandum is a
     pipe (including stainless steel pipe), more             SUMMARY: The Department of Commerce                   public document and is on file
     than 406.4 mm (16 inches) in nominal                    (Commerce) preliminarily determines                   electronically via Enforcement and
     outside diameter (large diameter welded                 that Nippon Steel & Sumitomo Metal                    Compliance’s Antidumping and
     pipe), regardless of wall thickness, length,            Corporation (Nippon Steel) and Tokyo
     surface finish, grade, end finish, or
                                                                                                                   Countervailing Duty Centralized
                                                             Steel Manufacturing Co., Ltd. (Tokyo                  Electronic Service System (ACCESS).
     stenciling. Large diameter welded pipe may
     be used to transport oil, gas, slurry, steam, or
                                                             Steel), the two companies selected for                ACCESS is available to registered users
     other fluids, liquids, or gases. It may also be         individual examination, sold subject                  at http://access.trade.gov, and to all
     used for structural purposes, including, but            merchandise in the United States at                   parties in the Central Records Unit,
     not limited to, piling. Specifically, not               prices below normal value during the                  Room B8024 of the main Department of
     included is large diameter welded pipe                  period of review (POR). Additionally,                 Commerce building. In addition, a
     produced only to specifications of the                  Commerce preliminarily determines                     complete version of the Preliminary
     American Water Works Association (AWWA)                 that three other companies for which we               Decision Memorandum can be accessed
     for water and sewage pipe.                              initiated reviews had no shipments
        Large diameter welded pipe used to                                                                         directly at http://enforcement.trade.gov/
     transport oil, gas, or natural gas liquids is
                                                             during the POR. We invite interested                  frn/. The signed and electronic versions
     normally produced to the American                       parties to comment on these preliminary               of the Preliminary Decision
     Petroleum Institute (API) specification 5L.             results.                                              Memorandum are identical in content.
     Large diameter welded pipe may also be                  DATES: Applicable November 14, 2018.                  A list of the topics discussed in the
     produced to American Society for Testing                                                                      Preliminary Decision Memorandum is
                                                             FOR FURTHER INFORMATION CONTACT:
     and Materials (ASTM) standards A500, A252,                                                                    attached as the Appendix to this notice.
     or A53, or other relevant domestic                      Myrna Lobo or Jack Zhao, AD/CVD
     specifications, grades and/or standards. Large          Operations, Office VII, Enforcement and               Preliminary Determination of No
     diameter welded pipe can be produced to                 Compliance, International Trade                       Shipments
     comparable foreign specifications, grades               Administration, U.S. Department of
     and/or standards or to proprietary                                                                              Among the companies under review,
                                                             Commerce, 1401 Constitution Avenue
     specifications, grades and/or standards, or                                                                   four companies, Hitachi Metals, Ltd.
                                                             NW, Washington, DC 20230; telephone:
     can be non-graded material. All pipe meeting                                                                  (Hitachi), Honda Trading Canada, Inc.
                                                             (202) 482–2371 or (202) 482–1396,
     the physical description set forth above is                                                                   (Honda), Mitsui & Co. Ltd. (Mitsui), and
                                                             respectively.
     covered by the scope of this investigation,                                                                   Panasonic Corporation (Panasonic)
     whether or not produced according to a                  SUPPLEMENTARY INFORMATION:                            properly filed statements reporting that
     particular standard.                                                                                          they made no shipments of subject
        Subject merchandise also includes large              Background
                                                                                                                   merchandise to the United States during
     diameter welded pipe that has been further
                                                               Commerce is conducting an                           the POR. Based on the certifications
     processed in a third country, including but
     not limited to coating, painting, notching,             administrative review of the                          submitted and our analysis of Customs
     beveling, cutting, punching, welding, or any            antidumping duty order on certain hot-                and Border Protection (CBP)
     other processing that would not otherwise               rolled steel flat products (hot-rolled                information, we preliminarily determine
     remove the merchandise from the scope of                steel) from Japan. The notice of                      that Hitachi, Honda, and Panasonic had
     the investigation if performed in the country           initiation of this administrative review              no shipments during the POR.3
     of manufacture of the in-scope large diameter           was published on December 7, 2017.1
     welded pipe.                                            This review covers 20 producers and                      2 See Memorandum, ‘‘Decision Memorandum for
        The large diameter welded pipe that is               exporters of the subject merchandise.                 the Preliminary Results of Antidumping Duty
     subject to this investigation is currently                                                                    Administrative Review and Preliminary
                                                             The POR is March 22, 2016, through                    Determination of No Shipments: Certain Hot-Rolled
     classifiable in the Harmonized Tariff
     Schedule of the United States (HTSUS) under             September 30, 2017. Commerce selected                 Steel Flat Products from Japan; 2016–2017,’’ dated
     subheadings 7305.11.1030, 7305.11.1060,                 two mandatory respondents for                         concurrently with, and hereby adopted by, this
                                                             individual examination: Nippon Steel                  notice (Preliminary Decision Memorandum).
     7305.11.5000, 7305.12.1030, 7305.12.1060,                                                                        3 See Hitachi Letter, ‘‘Antidumping Duty
     7305.12.5000, 7305.19.1030, 7305.19.1060,               and Tokyo Steel.
                                                                                                                   Administrative Review of Certain Hot-Rolled Steel
     7305.19.5000, 7305.31.4000, 7305.31.6010,                                                                     Flat Products: Hitachi No Shipment Letter,’’ dated
     7305.31.6090, 7305.39.1000 and                            1 See Initiation of Antidumping and                 December 18, 2017; see also Honda Letter,
     7305.39.5000. While the HTSUS subheadings               Countervailing Duty Administrative Reviews, 82 FR     ‘‘Administrative Review of Certain Hot-Rolled Steel
     are provided for convenience and customs                57705 (December 7, 2017).                                                                       Continued




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     56814                            Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     Consistent with its practice, Commerce                                     on the final results of this review. We                                    Preliminary Results of the Review
     finds that it is not appropriate to                                        intend to solicit more information and                                       As a result of this review, we
     preliminarily rescind the review with                                      comments with respect to Mitsui’s no                                       preliminarily determine the following
     respect to these companies but, rather,                                    shipment certification.4                                                   weighted-average dumping margins for
     to complete the review and issue                                                                                                                      the period March 22, 2016, through
     appropriate instructions to CBP based                                                                                                                 September 30, 2017:

                                                               Exporter/producer                                                                           Weighted-average dumping margin (percent)

     Nippon Steel & Sumitomo Metal Corporation 5 ............................................................................                                                             0.54.

     Nisshin Steel Co., Ltd. 6 ................................................................................................................         3/22/2016 to ................          3/13/2017 to
                                                                                                                                                        3/12/2017 ....................         9/30/2017.
                                                                                                                                                        1.46 7 ...........................     0.54. 8

     Tokyo Steel Manufacturing Co., Ltd .............................................................................................                                                     7.64



       Review-Specific Average Rate
     Applicable to the Following
     Companies: 9

                                                                                                                                                                                                            Weighted-
                                                                                                                                                                                                             average
                                                                                         Exporter/producer                                                                                                  dumping
                                                                                                                                                                                                             margin
                                                                                                                                                                                                            (percent)

     Hanwa Co., Ltd ....................................................................................................................................................................................           1.46
     JFE Steel Corporation 10 .....................................................................................................................................................................                1.46
     JFE Shoji Trade America ....................................................................................................................................................................                  1.46
     Kanematsu Corporation .......................................................................................................................................................................                 1.46
     Kobe Steel, Ltd. ...................................................................................................................................................................................          1.46
     Mitsui & Co., Ltd. .................................................................................................................................................................................          1.46
     Miyama Industry Co., Ltd. ...................................................................................................................................................................                 1.46
     Nippon Steel & Sumikin Logistics Co., Ltd. ........................................................................................................................................                           1.46
     Okaya & Co. Ltd. .................................................................................................................................................................................            1.46
     Saint-Gobain KK ..................................................................................................................................................................................            1.46
     Shinsho Corporation ............................................................................................................................................................................              1.46
     Sumitomo Corporation .........................................................................................................................................................................                1.46
     Suzukaku Corporation .........................................................................................................................................................................                1.46
     Toyota Tsusho Corporation Nagoya ...................................................................................................................................................                          1.46




     Assessment Rates                                                             Pursuant to 19 CFR 351.212(b)(1),                                        dumping calculated for the examined
                                                                                where the mandatory respondents                                            sales to the total entered value of the
       Upon completion of the                                                   reported the entered value for their U.S.                                  sales for which entered value was
     administrative review, Commerce shall                                      sales, we calculated importer-specific                                     reported. Where the mandatory
     determine, and CBP shall assess,                                           ad valorem duty assessment rates based                                     respondents did not report entered
     antidumping duties on all appropriate                                      on the ratio of the total amount of                                        value, we calculated the entered value
     entries.

     Flat Products from Japan: Honda Trading Canada,                            Fair Value and Postponement of Final                                       actual weighted-average margin determined for the
     Inc.’s No Shipment Certification,’’ dated December                         Determination, 81 FR 15222 (March 22, 2016) and                            mandatory respondents. Due to requests to protect
     22, 2017; see also Mitsui Letter, ‘‘Antidumping                            accompanying Preliminary Decision Memorandum                               business proprietary information, we cannot apply
     Administrative Review of Certain Hot-Rolled Steel                          at 6–7.                                                                    our normal methodology of calculating a weighted-
     Flat Products: Mitsui No Shipment Notification,’’                             6 We have collapsed Nisshin Steel Co., Ltd. and
                                                                                                                                                           average margin. See Ball Bearings and Parts Thereof
     dated January 5, 2018; see also Panasonic Letter,                          Nippon Steel & Sumitomo Metal Corporation as of                            from France, et al.: Final Results of Antidumping
     ‘‘Administrative Review of Certain Hot-Rolled Steel                        March 13, 2017. See Preliminary Decision                                   Duty Administrative Reviews, Final Results of
     Flat Products from Japan: Panasonic Corporation No                         Memorandum at 9.                                                           Changed-Circumstances Review, and Revocation of
     Shipment Certification,’’ dated January 5, 2018. See                          7 Entries of subject merchandise produced/
                                                                                                                                                           an Order in Part, 75 FR 53661, 53663 (September
     also Public Memorandum, ‘‘Re: No shipment                                  exported by Nisshin Steel Co., Ltd. made prior to
     inquiry with respect to the companies below during                                                                                                    1, 2010); see also Memorandum re: Calculation of
                                                                                March 13, 2017 are subject to the all others rate
     the period 03/22/2016 through 09/30/2017,’’ dated                                                                                                     the Review-Specific Average Rate for the
                                                                                calculated in this administrative review. See
     October 23, 2018.                                                                                                                                     Preliminary Results, dated concurrently with this
                                                                                Memorandum re: Calculation of the Review-
        4 See Business Proprietary Memorandum, ‘‘Re: No                         Specific Average Rate for the Preliminary Results,                         notice.
                                                                                                                                                              10 We collapsed JFE Shoji Trade Corporation with
     shipment inquiry with respect to the companies                             dated concurrently with this notice.
     below during the period 03/22/2016 through 09/30/                             8 Entries of subject merchandise produced/                              JFE Steel Corporation in the underlying
     2017,’’ dated October 23, 2018.                                            exported by Nisshin Steel Co., Ltd. made on/or after                       investigation. See Certain Hot-Rolled Steel Flat
        5 We collapsed Nippon Steel & Sumikin Bussan                            March 13, 2017 are subject to the AD rate assigned                         Products from Japan: Preliminary Determination of
     Corporation with Nippon Steel & Sumitomo Metal                             to Nippon Steel in this administrative review.                             Sales at Less than Fair Value and Postponement of
     Corporation in the underlying investigation. See                              9 This rate is based on the weighted-average                            Final Determination, 81 FR 15222 (March 22, 2016)
     Certain Hot-Rolled Steel Flat Products from Japan:                         margin using the publicly-ranged sales value of                            and accompanying Preliminary Decision
     Preliminary Determination of Sales at Less than                            mandatory respondents, and is the best proxy of the                        Memorandum at 8–9.



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                             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                                 56815

     in order to calculate the assessment rate.              deposit requirements, when imposed,                   351.402(f) to file a certificate regarding
     Where either the respondent’s weighted-                 shall remain in effect until further                  the reimbursement of antidumping
     average dumping margin is zero or de                    notice.                                               duties prior to liquidation of the
     minimis within the meaning of 19 CFR                                                                          relevant entries during this review
                                                             Disclosure and Public Comment
     351.106(c)(1), or an importer-specific                                                                        period. Failure to comply with this
     rate is zero or de minimis, we will                        Commerce intends to disclose the                   requirement could result in Commerce’s
     instruct CBP to liquidate the appropriate               calculations performed in connection
                                                                                                                   presumption that reimbursement of
     entries without regard to antidumping                   with these preliminary results to
                                                                                                                   antidumping duties occurred and the
     duties.                                                 interested parties within five days after
                                                             the date of publication of this notice.14             subsequent assessment of double
        For the companies which were not                                                                           antidumping duties.
     selected for individual review, we will                 Interested parties may submit case briefs
     assign an assessment rate based on the                  not later than 30 days after the date of                We are issuing and publishing these
     average 11 of the cash deposit rates                    publication of this notice.15 Rebuttal                results in accordance with sections
     calculated for the two mandatory                        briefs, limited to issues raised in the               751(a)(1) and 777(i)(1) of the Act.
     respondents. The final results of this                  case briefs, may be filed no later than                 Dated: November 1, 2018.
     review shall be the basis for the                       five days after the time limit for filing
                                                             case briefs.16 Parties who submit case                James Maeder,
     assessment of antidumping duties on
                                                             briefs or rebuttal briefs in this                     Associate Deputy Assistant Secretary, for
     entries of merchandise covered by the
                                                             proceeding are encouraged to submit                   Antidumping and Countervailing Duty
     final results of this review and for future
                                                             with each argument: (1) A statement of                Operations, performing the duties of Deputy
     deposits of estimated duties, where                                                                           Assistant Secretary, for Antidumping and
     applicable.12                                           the issue; (2) a brief summary of the
                                                             argument; and (3) a table of                          Countervailing Duty Operations.
        We intend to issue liquidation
     instructions to CBP 15 days after                       authorities.17 Case and rebuttal briefs               Appendix
     publication of the final results of this                should be filed using ACCESS.18
                                                                Pursuant to 19 CFR 351.310(c),                     List of Topics Discussed in the Preliminary
     review.                                                                                                       Decision Memorandum
                                                             interested parties who wish to request a
     Cash Deposit Requirements                               hearing must submit a written request to              I. Summary
        The following deposit requirements                   the Assistant Secretary for Enforcement               II. Background
     will be effective for all shipments of the              and Compliance, filed electronically via              III. Period of Review
     subject merchandise entered, or                         ACCESS. An electronically-filed request               IV. Scope of the Order
     withdrawn from warehouse, for                           for a hearing must be received                        V. Preliminary Determination of No
     consumption on or after the publication                 successfully in its entirety by ACCESS                      Shipments
     date of the final results of this                       by 5 p.m. Eastern Time within 30 days                 VI. Single Entity Analysis
     administrative review, as provided by                   after the date of publication of this                 VII. Use of Facts Available and Adverse Facts
     section 751(a)(2)(C) of the Act: (1) The                notice.19 Hearing requests should                           Available
     cash deposit rate for each specific                     contain: (1) The party’s name, address,                  A. Legal Authority
     company listed above will be that                       and telephone number; (2) the number                     B. Application of Facts Available to
     established in the final results of this                of participants; and (3) a list of issues to                Nippon Steel
     review, except if the rate is less than                 be discussed. Issues raised in the                       C. Application of Facts Available with an
                                                             hearing will be limited to issues raised                    Adverse Inference
     0.50 percent and, therefore, de minimis
                                                             in the briefs. If a request for a hearing             VIII. Review-Specific Average Rate for Non-
     within the meaning of 19 CFR
                                                             is made, parties will be notified of the                    Examined Companies
     351.106(c)(1), in which case the cash
                                                             time and date for the hearing to be held              IX. Discussion of the Methodology
     deposit rate will be zero; (2) for
                                                             at the U.S. Department of Commerce,                      A. Normal Value Comparisons
     previously investigated companies not
                                                             1401 Constitution Avenue NW,                             1. Determination of Comparison Method
     participating in this review, the cash
                                                             Washington, DC 20230.20                                  2. Results of the Differential Pricing
     deposit will continue to be the                                                                                     Analysis
     company-specific rate published for the                    Commerce intends to issue the final
                                                             results of this administrative review,                   B. Date of Sale
     most recently completed segment of this                                                                          C. Product Comparisons
     proceeding in which the company                         including the results of its analysis of
                                                             issues raised in any written briefs, not                 D. Export Price and Constructed Export
     participated; (3) if the exporter is not a                                                                          Price
     firm covered in this review, or the                     later than 120 days after the publication
                                                                                                                      E. Normal Value
     underlying investigation, but the                       of these preliminary results in the
                                                                                                                      1. Home Market Viability
     manufacturer is, the cash deposit rate                  Federal Register, unless otherwise
                                                                                                                      2. Affiliated Party Transactions and Arm’s-
     will be the rate established for the most               extended.21
                                                                                                                         Length Test
     recent segment for the manufacturer of                  Notification to Importers                                3. Level of Trade
     the merchandise; and (4) the cash                                                                                4. Cost of Production Analysis
     deposit rate for all other manufacturers                  This notice also serves as a
                                                             preliminary reminder to importers of                     5. Calculation of Normal Value Based on
     or exporters will continue to be 5.58                                                                               Home Market Prices
     percent, the all-others rate established                their responsibility under 19 CFR
                                                                                                                   X. Currency Conversion
     in the underlying investigation.13 These                                                                      XI. Recommendation
                                                             Antidumping Duty Orders, 81 FR 67962 (October 3,
                                                             2016).                                                [FR Doc. 2018–24794 Filed 11–13–18; 8:45 am]
       11 This rate was calculated as discussed in             14 See 19 CFR 351.224(b).
     footnote 8, above.                                                                                            BILLING CODE 3510–DS–P
                                                               15 See 19 CFR 351.309(c)(1)(ii).
       12 See section 751(a)(2)(C) of the Act.
                                                               16 See 19 CFR 351.309(d)(1).
       13 See Certain Hot-Rolled Steel Flat Products from
                                                               17 See 19 CFR 351.309(c)(2) and (d)(2).
     Australia, Brazil, Japan, the Republic of Korea, the      18 See 19 CFR 351.303.
     Netherlands, the Republic of Turkey, and the
                                                               19 See 19 CFR 351.310(c); 19 CFR 351.303(b)(1).
     United Kingdom: Amended Final Affirmative
                                                               20 See 19 CFR 351.310(c).
     Antidumping Determinations for Australia, the
     Republic of Korea, and the Republic of Turkey and         21 See Section 751(a)(3)(A) of the Act.




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Document Created: 2018-11-14 03:31:58
Document Modified: 2018-11-14 03:31:58
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 November 14, 2018.
ContactMyrna Lobo or Jack Zhao, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2371 or (202) 482-1396, respectively.
FR Citation83 FR 56813 

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