83 FR 64327 - Diffusion-Annealed, Nickel-Plated, Flat-Rolled Steel Products From Japan: Final Results of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 240
(December 14, 2018)
International Trade Administration
Federal Register Volume 83, Issue 240 (December 14, 2018)
| Page Range | 64327-64329 | |
| FR Document | 2018-27120 |
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)] [Notices] [Pages 64327-64329] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-27120] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-588-869] Diffusion-Annealed, Nickel-Plated, Flat-Rolled Steel Products From Japan: Final Results of Antidumping Duty Administrative Review; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) find that diffusion- annealed, nickel-plated, flat-rolled steel products from Japan have been sold at less than normal value during the period of review (POR) May 1, 2016, through April 30, 2017. DATES: Applicable December 14, 2018. FOR FURTHER INFORMATION CONTACT: Edythe Artman, 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) 482-3931. SUPPLEMENTARY INFORMATION: Background On June 11, 2018, Commerce published the Preliminary Results.\1\ A summary of the events that occurred since Commerce published these results, as well as a full discussion of the issues raised by parties for these final results, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.\2\ --------------------------------------------------------------------------- \1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR 26955 (June 11, 2018) (Preliminary Results) and accompanying Preliminary Decision Memorandum. \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan; 2016-2017,'' dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order The diffusion-annealed, nickel-plated flat-rolled steel products included in this order are flat-rolled, cold-reduced steel products, regardless of chemistry; whether or not in coils; either plated or coated with nickel or nickel-based alloys and subsequently annealed (i.e., ``diffusion-annealed''); whether or not painted, varnished or coated with plastics or other metallic or nonmetallic substances; and less than or equal to 2.0 mm in nominal thickness. For purposes of this order, ``nickel-based alloys'' include all nickel alloys with other metals in which nickel accounts for at least 80 percent of the alloy by volume. Imports of merchandise included in the scope of this order are classified primarily under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000, but may also be classified under HTSUS subheadings 7210.70.6090, 7212.40.1000, 7212.40.5000, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.90.0010, 7220.90.0015, 7225.99.0090, or 7226.99.0180. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum. A list of the issues raised by parties is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of [[Page 64328]] the Issues and Decision Memorandum are identical in content. With regard to NSSMC, we received no comments or submissions since the Preliminary Results. Therefore, we continue to find that, in accordance with sections 776(a) and (b) of the Act, application of facts otherwise available, with an adverse inference, is warranted.\3\ --------------------------------------------------------------------------- \3\ For a full discussion of Commerce's determination to apply adverse fact available pursuant to sections 776(a) and (b) of the Act, see Preliminary Results at 26956 and accompanying Preliminary Decision Memorandum at 3-5. --------------------------------------------------------------------------- Changes Since the Preliminary Results Based on our review of the record and comments received from interested parties, we made certain changes to the margin calculations for Toyo Kohan. Commerce has relied on partial facts available under section 776(a) and (b) of the Act. In addition, Commerce finds that Toyo Kohan failed to cooperate to the best of its ability and thus it is applying adverse inferences in selecting from facts available, pursuant to section 776(b). For a discussion of these changes, see Issues and Decision Memorandum. Final Results of the Review The final dumping margins are as follows for the period May 1, 2016, through April 30, 2017: ------------------------------------------------------------------------ Dumping Producer or exporter margin (percent) ------------------------------------------------------------------------ Toyo Kohan Co., Ltd......................................... 4.57 Nippon Steel & Sumitomo Metal Corporation................... 77.70 ------------------------------------------------------------------------ Disclosure We will disclose the calculations performed to parties in this proceeding within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Assessment Rates Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). For Toyo Kohan, because its weighted-average dumping margin is not zero or de minimis (i.e., less than 0.5 percent), Commerce has calculated an importer-specific ad valorem duty assessment rate. We calculated importer-specific ad valorem antidumping duty rates by aggregating the total amount of dumping calculated for the importer's examined sales and dividing each of these amounts by the total entered value associated with those sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review where an importer-specific assessment is above de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the importer-specific assessment rate is zero or de minimis. For NSSMC, we will base the assessment rate for the corresponding entries on the margin listed above. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of this notice for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of these final results, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Toyo Kohan and NSSMC will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 45.42 percent, the all- others rate established in the antidumping investigation.\4\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \4\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan: Antidumping Duty Order, 79 FR 30816, 30817 (May 29, 2014) (Order). --------------------------------------------------------------------------- Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the period of review. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties did occur and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: December 7, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Scope of the Order V. Application of Partial Facts Available and Use of Adverse Inference VI. Discussion of the Issues Comment 1: Failure to Report Actual Production Dates Comment 2 Failure to Report Actual Home Market Payment Dates Comment 3: Reconciliation of U.S. Sales at Verification Comment 4: Rejection of Toyo Kohan's Factual Information to Rebut the Verification Report [[Page 64329]] Comment 5: Use of Revised Data in the Final Results of Review Comment 6: Failure to Report End-User Customer Codes VII. Recommendation [FR Doc. 2018-27120 Filed 12-13-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64327
company-specific rate published for the Dated: December 10, 2018. and Decision Memorandum, which is
most recently completed segment of this Gary Taverman, hereby adopted by this notice.2
proceeding; (3) if the exporter is not a Deputy Assistant Secretary for Antidumping
Scope of the Order
firm covered in this review, a prior and Countervailing Duty Operations,
review, or the original investigation, but performing the non-exclusive functions and The diffusion-annealed, nickel-plated
duties of the Assistant Secretary for flat-rolled steel products included in
the producer is, the cash deposit rate
Enforcement and Compliance. this order are flat-rolled, cold-reduced
will be the rate established for the most
recently completed segment of this Appendix steel products, regardless of chemistry;
proceeding for the producer of the whether or not in coils; either plated or
List of Topics Discussed in the Final
subject merchandise; and (4) the cash Decision Memorandum
coated with nickel or nickel-based
deposit rate for all other manufacturers alloys and subsequently annealed (i.e.,
I. Summary ‘‘diffusion-annealed’’); whether or not
or exporters will continue to be 0.00 II. List of Comments
percent, the all-others rate established III. Background
painted, varnished or coated with
IV. Changes Since the Preliminary Results plastics or other metallic or nonmetallic
in the investigation.5 These cash deposit
V. Scope of the Order substances; and less than or equal to 2.0
requirements, when imposed, shall
VI. Discussion of Comments mm in nominal thickness. For purposes
remain in effect until further notice.
Comment: Errors in Home Market SAS of this order, ‘‘nickel-based alloys’’
Notification to Importers Programming Language include all nickel alloys with other
VII. Recommendation metals in which nickel accounts for at
This notice also serves as a final [FR Doc. 2018–27122 Filed 12–13–18; 8:45 am] least 80 percent of the alloy by volume.
reminder to importers of their BILLING CODE 3510–DS–P Imports of merchandise included in
responsibility under 19 CFR the scope of this order are classified
351.402(f)(2) to file a certificate primarily under Harmonized Tariff
regarding the reimbursement of DEPARTMENT OF COMMERCE Schedule of the United States (HTSUS)
antidumping duties prior to liquidation subheadings 7212.50.0000 and
of the relevant entries during this POR. International Trade Administration 7210.90.6000, but may also be classified
Failure to comply with this requirement under HTSUS subheadings
could result in the Secretary’s [A–588–869] 7210.70.6090, 7212.40.1000,
presumption that reimbursement of 7212.40.5000, 7219.90.0020,
Diffusion-Annealed, Nickel-Plated, Flat- 7219.90.0025, 7219.90.0060,
antidumping and/or countervailing
Rolled Steel Products From Japan: 7219.90.0080, 7220.90.0010,
duties occurred and the subsequent
Final Results of Antidumping Duty 7220.90.0015, 7225.99.0090, or
assessment of doubled antidumping Administrative Review; 2016–2017
duties. 7226.99.0180. Although the HTSUS
AGENCY: Enforcement and Compliance, subheadings are provided for
Administrative Protective Order International Trade Administration, convenience and customs purposes, the
Department of Commerce. written description of the scope of this
This notice also serves as a reminder
SUMMARY: The Department of Commerce order is dispositive.
to parties subject to administrative
protective orders (APO) of their (Commerce) find that diffusion- Analysis of Comments Received
responsibility concerning the return or annealed, nickel-plated, flat-rolled steel
products from Japan have been sold at All issues raised in the case and
destruction of proprietary information rebuttal briefs by parties to this
disclosed under APO in accordance less than normal value during the
period of review (POR) May 1, 2016, administrative review are addressed in
with 19 CFR 351.305(a)(3), which the Issues and Decision Memorandum.
continues to govern business through April 30, 2017.
A list of the issues raised by parties is
proprietary information in this segment DATES: Applicable December 14, 2018.
attached to this notice as an Appendix.
of the proceeding. Timely written FOR FURTHER INFORMATION CONTACT: The Issues and Decision Memorandum
notification of the return/destruction of Edythe Artman, AD/CVD Operations, is a public document and is on file
APO materials, or conversion to judicial Office VI, Enforcement and Compliance, electronically via Enforcement and
protective order, is hereby requested. International Trade Administration, Compliance’s Antidumping and
Failure to comply with the regulations U.S. Department of Commerce, 1401 Countervailing Duty Centralized
and the terms of an APO is a Constitution Avenue NW, Washington, Electronic Service System (ACCESS).
sanctionable violation. DC 20230; telephone: (202) 482–3931. ACCESS is available to registered users
SUPPLEMENTARY INFORMATION: at https://access.trade.gov and it is
We are issuing and publishing this
notice in accordance with sections Background available to all parties in the Central
751(a)(1) and 777(i)(1) of the Act and 19 Records Unit, Room B8024 of the main
On June 11, 2018, Commerce Department of Commerce building. In
CFR 351.213(h). published the Preliminary Results.1 A addition, a complete version of the
summary of the events that occurred Issues and Decision Memorandum can
since Commerce published these be accessed directly at http://
results, as well as a full discussion of enforcement.trade.gov/frn/index.html.
the issues raised by parties for these The signed and electronic versions of
amozie on DSK3GDR082PROD with NOTICES1
final results, may be found in the Issues
2 See Memorandum, ‘‘Issues and Decision
5 See Certain Corrosion-Resistant Steel Products
1 See Diffusion-Annealed, Nickel-Plated Flat- Memorandum for the Final Results of the
from India, Italy, the People’s Republic of Korea Rolled Steel Products from Japan: Preliminary Administrative Review of the Antidumping Duty
and Taiwan: Amended Final Affirmative Results of Antidumping Duty Administrative Order on Diffusion-Annealed, Nickel-Plated Flat-
Antidumping Determination for India and Taiwan, Review; 2016–2017, 83 FR 26955 (June 11, 2018) Rolled Steel Products from Japan; 2016–2017,’’
and Antidumping Duty Orders, 81 FR 48390, 48393 (Preliminary Results) and accompanying dated concurrently with and hereby adopted by this
(July 25, 2016). Preliminary Decision Memorandum. notice (Issues and Decision Memorandum).
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![Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64329
Comment 5: Use of Revised Data in the items 1901.90.90.95 and 1902.19.20 of conclusions, see the Issues and Decision
Final Results of Review the Harmonized Tariff Schedule of the Memorandum.
Comment 6: Failure to Report End-User United States (HTSUS). Although the
Customer Codes Final Results of Review
HTSUS subheadings are provided for
VII. Recommendation We determine the following net
convenience and customs purposes, the
[FR Doc. 2018–27120 Filed 12–13–18; 8:45 am] written description of the merchandise countervailable subsidy rate for
BILLING CODE 3510–DS–P subject to the order is dispositive. A full GR.A.M.M., for the period, January 1,
description of the scope of the order is 2016, through December 31, 2016:
contained in the Issues and Decision
DEPARTMENT OF COMMERCE Memorandum, which is hereby adopted Net
subsidy
in this notice.3 Producer/exporter rate
International Trade Administration
Analysis of Comments Received (percent)
[C–475–819]
All issues raised in the respondent’s GR.A.M.M. S.r.l .......................... 1.18
Pasta From Italy: Final Results of case brief are listed in the Appendix to
Countervailing Duty Administrative this notice and are addressed in the Disclosure
Review; 2016 Issues and Decision Memorandum We intend to disclose to the parties in
accompanying this notice. The Issues this proceeding the calculations
AGENCY: Enforcement and Compliance, and Decision Memorandum is a public
International Trade Administration, performed for these final results within
document and is on file electronically five days of the date of publication of
Department of Commerce. via Enforcement and Compliance’s
SUMMARY: The Department of Commerce this notice in the Federal Register.5
Antidumping and Countervailing Duty
(Commerce) has completed its Centralized Electronic Service System Assessment Rates
administrative review of the (ACCESS). ACCESS is available to In accordance with 19 CFR
countervailing duty (CVD) order on registered users at http:// 351.212(b)(2), Commerce intends to
pasta from Italy. We have determined access.trade.gov and in the Central issue assessment instructions to U.S.
that GR.A.M.M. S.r.l. (GR.A.M.M.), the Records Unit, Room B8024 of the main Customs and Border Protection (CBP) 15
only mandatory respondent, received Commerce building. In addition, a days after the date of publication of
countervailable subsidies during the complete version of the Issues and these final results to liquidate
period of review (POR) January 1, 2016, Decision Memorandum can be accessed shipments of subject merchandise
through December 31, 2016. directly at http://enforcement.trade.gov/ entered, or withdrawn from warehouse,
DATES: Applicable December 14, 2018. frn. The signed and electronic versions for consumption, on or after January 1,
FOR FURTHER INFORMATION CONTACT: of the Issues and Decision 2016 through December 31, 2016, at the
Mary Kolberg, AD/CVD Operations, Memorandum are identical in content. ad valorem rate listed above.
Office I, Enforcement and Compliance, Changes Since the Preliminary Results Cash Deposit Instructions
International Trade Administration,
For the final results, we changed the In accordance with section
U.S. Department of Commerce, 1401
calculation of the countervailable 751(a)(2)(C) of the Act, we intend to
Constitution Avenue NW, Washington,
subsidy rate for Action 6.1.4, Aid on instruct CBP to collect cash deposits of
DC 20230; telephone: (202) 482–1785.
Investment Program Promoted by Micro estimated countervailing duties in the
SUPPLEMENTARY INFORMATION: and Small Businesses, based on amount shown above for shipments of
Background additional information provided subject merchandise by GR.A.M.M.. For
regarding the specificity of the program all non-reviewed firms, we will instruct
On July 24, 1996, Commerce and no longer find the portion of the
published in the Federal Register a CVD CBP to continue to collect cash deposits
program funded by the Regional of estimated countervailing duties at the
Order on pasta from Italy.1 On August Government of Puglia to be
9, 2018, Commerce published the most recent company-specific or all-
countervailable. others rate applicable to the company.
Preliminary Results of this CVD
administrative review in the Federal Methodology These cash deposit requirements, when
Register.2 Commerce gave interested imposed, shall remain in effect until
We conducted this review in
parties an opportunity to comment on further notice.
accordance with section 751(a)(1)(A) of
the Preliminary Results. On September the Tariff Act of 1930, as amended (the Administrative Protective Orders
11, 2018, we received a case brief from Act). For each of the subsidy programs This notice also serves as a reminder
GR.A.M.M. No rebuttal comments were found to be countervailable during the to parties subject to administrative
received. POR, we find that there is a subsidy, i.e., protective order (APO) of their
Scope of the Order a government-provided financial responsibility concerning the
contribution that gives rise to a benefit destruction of proprietary information
The merchandise covered by this to the recipient, and that the subsidy is disclosed under APO in accordance
order is certain non-egg dry pasta from specific.4 For a full description of the with 19 CFR 351.305(a)(3). Timely
Italy. The merchandise subject to this methodology underlying our written notification of the return or
order is currently classifiable under
3 See Memorandum, ‘‘Issues and Decision
destruction of APO materials or
conversion to judicial protective order is
amozie on DSK3GDR082PROD with NOTICES1
1 See Notice of Countervailing Duty Order and Memorandum for the Final Results of
Amended Final Affirmative Countervailing Duty Countervailing Duty Administrative Review: hereby requested. Failure to comply
Determination: Certain Pasta (‘‘Pasta’’) from Italy, Certain Pasta from Italy; 2016,’’ dated concurrently with the regulations and terms of an
61 FR 38544 (July 24, 1996) (Order). with this notice (Issues and Decision APO is a sanctionable violation.
2 See Certain Pasta from Italy: Preliminary Results Memorandum). We are issuing and publishing these
of Countervailing Duty Administrative Review and 4 See sections 771(5)(B) and (D) of the Act
Partial Rescission; 2016, 83 FR 39418 (August 9, regarding financial contribution; section 771(5)(E)
results in accordance with sections
2018) (Preliminary Results), and accompanying of the Act regrading benefit; and, section 771(5A)
Preliminary Decision Memorandum. of the Act regarding specificity. 5 See 19 CFR 351.224(b).
VerDate Sep<11>2014 16:57 Dec 13, 2018 Jkt 247001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.SGM 14DEN1](https://thefederalregister.org/doc/83_FR_64567/page/3.svg)
Document Created: 2018-12-14 03:50:09
Document Modified: 2018-12-14 03:50:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable December 14, 2018. | |
| Contact | Edythe Artman, 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) 482-3931. | |
| FR Citation | 83 FR 64327 |
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