Federal Register, Volume 81 Issue 117 (Friday, June 17, 2016)

[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Pages 39627-39629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14070]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-869]

Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From
Japan: Preliminary Results of Antidumping Duty Administrative Review;
2013-2015

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

SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on diffusion-
annealed, nickel-plated flat-rolled steel products from Japan.\1\ The
period of review (POR) is November 19, 2013, through April 30, 2015.
The review covers one producer/exporter of the subject merchandise,
Toyo Kohan Co., Ltd. (Toyo Kohan). We preliminarily determine that
sales of subject merchandise by Toyo Kohan were not made at less than
normal value during the POR. Interested parties are invited to comment
on these preliminary results.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 37588 (July 1, 2015).

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DATES: Effective June 17, 2016.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or Brian Davis, AD/CVD
Operations, Office VI, 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) 482-7924, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

The diffusion-annealed, nickel-plated flat-rolled steel products
included in this order are flat-rolled, cold-reduced steel products,
regardless of chemistry; whether or not in coils; either plated or
coated with nickel or nickel-based alloys and subsequently annealed
(i.e., ``diffusion-annealed''); whether or not painted, varnished or
coated with plastics or other metallic or nonmetallic substances; and
less than or equal to 2.0 mm in nominal thickness. For purposes of this
order, ``nickel-based alloys'' include all nickel alloys with other
metals in which nickel accounts for at least 80 percent of the alloy by
volume.
Imports of merchandise included in the scope of this order are
classified primarily under Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000, but may also
be classified under HTSUS subheadings 7210.70.6090, 7212.40.1000,
7212.40.5000, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080,
7220.90.0010, 7220.90.0015, 7225.99.0090, or 7226.99.0180. The
foregoing HTSUS subheadings are provided only for convenience and
customs purposes. The written description of the scope of this order is
dispositive.

Methodology

The Department is conducting this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as

[[Page 39628]]

amended (the Act). Export price is calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the memorandum from Christian Marsh,
Deputy Assistant Secretary for AD/CVD Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, titled ``Decision
Memorandum for Preliminary Results of Antidumping Duty Administrative
Review: Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products
from Japan; 2013-2015'' (Preliminary Decision Memorandum), which is
issued concurrent with and hereby adopted by this notice.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
Access to ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records
Unit, Room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of topics discussed in the Preliminary Decision
Memorandum is attached as an Appendix to this notice. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.

Preliminary Results of Review

We preliminarily determine that, for the period November 19, 2013,
through April 30, 2015, the following dumping margin exists:

------------------------------------------------------------------------
Weighted-
Manufacturer/exporter average margin
(percent)
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Toyo Kohan Co., Ltd.................................... 0.00
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Disclosure and Public Comment

The Department will disclose to parties to the proceeding any
calculations performed in connection with these preliminary results of
review within five days after the date of publication of this
notice.\2\ Interested parties may submit case briefs to the Department
in response to these preliminary results no later than 30 days after
the publication of these preliminary results.\3\ 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.\4\
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\2\ See 19 CFR 351.224(b).
\3\ See 19 CFR 351.309(c)(1)(ii).
\4\ See 19 CFR 351.309(d)(1) and (2).
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Parties who submit arguments in this proceeding are requested to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\5\ Executive
summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS.\6\ In order to
be properly filed, ACCESS must successfully receive an electronically-
filed document in its entirety by 5 p.m. Eastern Time. Case and
rebuttal briefs must be served on interested parties.\7\
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\5\ See 19 CFR 351.309(c)(2) and (d)(2).
\6\ See generally 19 CFR 351.303.
\7\ See 19 CFR 351.303(f).
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Within 30 days of the date of publication of this notice,
interested parties may request a public hearing on arguments raised in
the case and rebuttal briefs.\8\ Unless the Department specifies
otherwise, the hearing, if requested, will be held two days after the
date for submission of rebuttal briefs.\9\ Written argument and hearing
requests should be electronically submitted to the Department via
ACCESS.\10\ The Department's electronic records system, ACCESS, must
successfully receive an electronically-filed document in its entirety
by 5:00 p.m. Eastern Time within 30 days after the date of publication
of this notice. Requests should contain: (1) The party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs.\11\ Parties
will be notified of the time and location of the hearing.
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\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310(d)(1).
\10\ See generally 19 CFR 351.303.
\11\ See 19 CFR 351.310(c).
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The Department intends to publish the final results of this
administrative review, including the results of its analysis of issues
addressed in any case or rebuttal brief, no later than 120 days after
publication of the preliminary results, unless extended.\12\
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\12\ See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h).
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Assessment Rates

Upon completion of this administrative review, the Department shall
determine, and Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\13\ If Toyo Kohan's
weighted-average dumping margin is not zero or de minimis in the final
results of this review, we will calculate importer-specific assessment
rates on the basis of the ratio of the total amount of antidumping
duties calculated for an importer's examined sales and the total
entered value of such sales in accordance with 19 CFR 351.212(b)(1). If
Toyo Kohan's weighted-average dumping margin is zero or de minimis in
the final results of review, we will instruct CBP not to assess duties
on any of its entries in accordance with the Final Modification for
Reviews, i.e., ``{w{time} here the weighted-average margin of dumping
for the exporter is determined to be zero or de minimis, no antidumping
duties will be assessed.'' \14\ 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.
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\13\ See 19 CFR 351.212(b)(1).
\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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For entries of subject merchandise during the POR produced by Toyo
Kohan for which it did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for intermediate company(ies)
involved in the transaction. The all-others rate is 45.42 percent.\15\
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
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\15\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products From Japan: Antidumping Duty Order, 79 FR 30816, 30817 (May
29, 2014) (Order).
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Cash Deposit Requirements

The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Toyo Kohan will
be that established in the final results of this administrative review
(except, if the rate is zero or de minimis, no cash deposit will be
required); (2) for merchandise exported by manufacturers or exporters
not covered in this review but covered in a prior segment of this

[[Page 39629]]

proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or in the less-
than-fair value investigation but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be the all-others
rate of 45.42 percent, which is the all-others rate established in the
investigation.\16\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\16\ See Order, 79 FR at 30817.
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Notification to Importers

This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).

Dated: June 6, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
5. Product Comparisons
6. Date of Sale
7. Export Price
8. Normal Value
A. Home Market Viability as Comparison Market
B. Level of Trade
C. Sales to Affiliated Customers
D. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the Cost of Production Test
E. Calculation of Normal Value Based on Comparison Market Prices
F. Price-to-CV Comparison
G. Constructed Value
9. Currency Conversion
10. Recommendation

[FR Doc. 2016-14070 Filed 6-16-16; 8:45 am]
BILLING CODE 3510-DS-P