[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Notices]
[Pages 69371-69373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27577]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-869]
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From
Japan: Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that diffusion-annealed, nickel-plated flat-rolled steel
products (certain nickel-plated, flat-rolled steel) from Japan are
being, or are likely to be, sold in the United States at less than fair
value, as provided in section 733(b) of the Tariff Act of 1930, as
amended (the Act). The estimated weighted-average dumping margins are
listed in the ``Preliminary Determination'' section of this notice.
Interested parties are invited to comment on this preliminary
determination.
Pursuant to requests from interested parties, we are postponing for
60 days the final determination and extending provisional measures from
a four-month period to not more than six months. Accordingly, we intend
to make our final determination not later than 135 days after
publication of this preliminary determination in the Federal Register.
DATES: Effective Date: November 19, 2013.
FOR FURTHER INFORMATION CONTACT: Dena Crossland or David Cordell, AD/
CVD Operations, Office 6, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3362 or (202) 482-0408, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The diffusion-annealed, nickel-plated flat-rolled steel products
included in this investigation 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 investigation, ``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 investigation
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
investigation is dispositive.\1\
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\1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products From Japan: Initiation of Antidumping Duty Investigation,
78 FR 23905 (April 23, 2013).
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Tolling of Deadlines for Preliminary Determination
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\2\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day. The revised deadline for the preliminary determination of
this investigation is now November 8, 2013.
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\2\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
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Methodology
The Department has conducted this investigation in accordance with
section 731 of the Act. Export prices have been calculated in
accordance with section 772 of the Act. Normal value has been
calculated in accordance with section 773 of the Act. Because one of
the selected mandatory respondents, Nippon Steel & Sumitomo Metal
Corporation, failed to respond to the Department's questionnaire, we
have preliminarily determined to apply adverse facts available to this
respondent.
For a full description of the methodology underlying our
conclusions, see Decision Memorandum for Preliminary Determination of
the Antidumping Duty Investigation of Diffusion-Annealed, Nickel-Plated
Flat-
[[Page 69372]]
Rolled Steel Products from Japan'' (Preliminary Decision Memorandum)
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Enforcement and Compliance, dated concurrently with this notice 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 (IA ACCESS). IA ACCESS is available to registered users
at http://iaaccess.trade.gov, and is available to all parties in the
Central Records Unit, room 7046 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/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Determination
The preliminary weighted-average dumping margins are as follows:
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Weighted-Average dumping
Producer or exporter margin (percent)
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Toyo Kohan Co., Ltd...................... 47.80
Nippon Steel & Sumitomo Metal Corporation 77.70
All Others............................... 47.80
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of certain nickel-plated, flat-rolled steel from Japan, as
described in the ``Scope of the Investigation'' section, entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to
require a cash deposit \3\ equal to the preliminary weighted-average
amount by which normal value exceeds U.S. price, as indicated in the
chart above, as follows: (1) the rate for Toyo Kohan Co., Ltd. (Toyo
Kohan) and Nippon Steel & Sumitomo Metal Corporation will be the rate
we have determined in this preliminary determination; (2) if the
exporter is not a firm identified in this investigation but the
producer is, the rate will be the rate established for the producer of
the subject merchandise; (3) the rate for all other producers or
exporters will be 47.80 percent, as discussed in the ``All Others
Rate'' section, below. These suspension of liquidation instructions
will remain in effect until further notice.
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\3\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely under section 776
of the Act. Toyo Kohan is the only respondent in this investigation for
which the Department calculated a company-specific margin that is not
zero, de minimis, or determined entirely under section 776 of the Act.
Therefore, pursuant to section 735(c)(5)(A) of the Act, we are applying
the dumping margin calculated for Toyo Kohan, 47.80 percent, as the
``all others'' rate.
Disclosure
The Department intends to disclose to parties the calculations
performed in connection with this preliminary determination within five
days of the date of publication of this notice. See 19 CFR 351.224(b).
Public Comment
Interested parties are invited to comment on the preliminary
determination. Interested parties may submit case briefs to the
Department no later than seven days after the date of the issuance of
the last verification report in this proceeding. See 19 CFR
351.309(c)(1)(i). 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. See 19 CFR
351.309(d)(1) and 19 CFR 351.309(d)(2). A list of authorities used, a
table of contents, and an executive summary of issues should accompany
any briefs submitted to the Department. See 19 CFR 351.309(c)(2).
Executive summaries should be limited to five pages total, including
footnotes. Interested parties who wish to comment on the preliminary
determination must file briefs electronically using IA ACCESS. An
electronically filed document must be received successfully in its
entirety by the Department's electronic records system, IA ACCESS, by 5
p.m. Eastern Standard Time.
In accordance with section 774 of the Act, the Department will hold
a public hearing, if timely requested, to afford interested parties an
opportunity to comment on arguments raised in case or rebuttal briefs,
provided that such a hearing is requested by an interested party. See
also 19 CFR 351.310. Interested parties who wish to request a hearing,
or to participate if one is requested, must submit a written request to
the Assistant Secretary for Enforcement and Compliance, U.S. Department
of Commerce, filed electronically using IA ACCESS, as noted above. An
electronically filed request must be received successfully in its
entirety by the Department's electronic records system, IA ACCESS, by 5
p.m. Eastern Standard Time within 30 days after the date of publication
of this notice. See 19 CFR 351.310(c). Requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. See 19 CFR 351.310(c). If a request for a hearing is
made, we will inform parties of the scheduled date for the hearing
which will be held at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230. See 19 CFR 351.310.
Parties should confirm by telephone the date, time, and location of the
hearing.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such
[[Page 69373]]
postponement is made by exporters who account for a significant
proportion of exports of the subject merchandise, or in the event of a
negative preliminary determination, a request for such postponement is
made by the petitioner. The Department's regulations, at 19 CFR
351.210(e)(2), require that requests by respondents for postponement of
a final determination be accompanied by a request for extension of
provisional measures from a four-month period to not more than six
months.
On October 28, 2013, Toyo Kohan requested that in the event of an
affirmative preliminary determination in this investigation, the
Department postpone its final determination by 60 days (135 days after
publication of the preliminary determination), and agreed to extend the
application of the provisional measures prescribed under section 733(d)
of the Act and 19 CFR 351.210(e)(2), from a four-month period to a six-
month period.\4\ In accordance with section 735(a)(2)(A) of the Act and
19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is
affirmative; (2) the requesting producer/exporter accounts for a
significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, we are postponing the final
determination until no later than 135 days after the publication of
this notice in the Federal Register. Suspension of liquidation will be
extended accordingly. We are also extending the application of the
provisional measures prescribed under section 733(d) of the Act and 19
CFR 351.210(e)(2) from a four-month period to a six-month period.
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\4\ See Letter from Toyo Kohan to the Department, dated October
28, 2013 and Letter from Petitioner dated October 29, 2013.
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U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our preliminary affirmative determination of sales at less than
fair value. Because the preliminary determination in this proceeding is
affirmative, section 735(b)(2) of the Act requires that the ITC make
its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of certain nickel-plated, flat-rolled
steel from Japan before the later of 120 days after the date of this
preliminary determination or 45 days after our final determination.
Because we are postponing the deadline for our final determination to
135 days from the date of the publication of this preliminary
determination, as discussed above, the ITC will make its final
determination no later than 45 days after our final determination.
This determination is issued and published pursuant to sections
733(f) and 777(i)(1) of the Act.
Dated: November 8, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Investigation
3. Respondent Selection
4. Discussion of Methodology
a. Fair Value Comparisons
b. Product Comparisons
c. Date of Sale
d. Determination of Comparison Method
e. Results of the DP Analysis
f. Export Price
g. Normal Value
h. Level of Trade
i. Affiliated Party Transactions and Arm's Length Test
j. Cost of Production
k. Test of Comparison Prices
l. Results of COP Test
m. Calculation of Normal Value based on Comparison Market Prices
n. Price to CV Comparison
o. Constructed Value
p. Currency Conversion
5. Application of Facts Available and Adverse Inferences
6. Recommendation
[FR Doc. 2013-27577 Filed 11-18-13; 8:45 am]
BILLING CODE 3510-DS-P