Federal Register - August 26, 2021
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Fuente: Federal Register
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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices
determined for the respondents. The weighted-average dumping margins are listed in the Final Results of Review section, below. Commerce conducted this review in accordance with section 751a of the Tariff Act of 1930, as amended the Act.
Scope of the Order 8
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 Issues and Decision Memorandum.9
Final Determination of No Shipments In the Preliminary Results, Commerce preliminarily determined that Honda, Panasonic, and Mitsui had no shipments of subject merchandise during the POR. U.S. Customs and Border Protection CBP subsequently confirmed that these three companies had no shipments.10 As no party has identified any record evidence which would call into question these preliminary findings with respect to these three companies, we continue to find they made no shipments of subject merchandise during the POR.
Accordingly, consistent with our practice, we intend to instruct CBP to liquidate any existing entries of subject merchandise produced by Honda, Panasonic, and Mitsui, but exported by other parties without their own rate, at the all-others rate.11
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Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs in the Issues and Decision Memorandum, which is hereby adopted with this notice. The issues are 8 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 Order.
9 See Memorandum, Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review: Certain Hot-Rolled Steel Flat Products from Japan; 2018
2019, dated concurrently with, and hereby adopted by, this notice Issues and Decision Memorandum.
10 See Memorandum, Certain Hot-Rolled Steel Flat Products from Japan; No Shipment Inquiry for Honda Trading Canada, Inc. during the period 10/
01/2018 through 09/30/2019, dated February 19, 2021; Certain Hot-Rolled Steel Flat Products from Japan; No Shipment Inquiries for Mitsui & Co., Ltd.
and the Panasonic Corporation During the Period 10/01/2018 through 09/30/2019, dated February 24, 2021.
11 See, e.g., Magnesium Metal from the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923
May 13, 2010, unchanged in Magnesium Metal from the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR
56989 September 17, 2010.
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identified in Appendix I to this notice.
The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS.
ACCESS is available to registered users at https access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http enforcement.trade.gov/
frn/index.html.
Changes Since the Preliminary Results Based on our review and analysis of the comments received from parties, we did not make changes to the margin calculations. For a discussion of these changes, see the Issues and Decision Memorandum.
Rate for Non-Examined Companies The statute and Commerces regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777Ac2 of the Act. Generally, Commerce looks to section 735c5 of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735c5A of the Act, the all-others rate is normally an amount equal to the weightedaverage of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely on the basis of facts available.
For these final results, we calculated weighted-average dumping margins that are not zero, de minimis, or determined entirely on the basis of facts available for NSC and Tokyo Steel. Accordingly, Commerce has assigned to the companies not individually examined a margin of 10.95 percent, which is the weighted-average using the publicly ranged U.S. value of NSCs and Tokyo Steels calculated weighted-average dumping margins for these final results.
Final Results of Review We are assigning the following weighted-average dumping margins to the firms listed below for the period October 1, 2018, through September 30, 2019:
PO 00000
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Producers/exporters
Nippon Steel Corporation/
Nippon Steel Nisshin Co., Ltd./Nippon Steel Trading Corporation 12
Tokyo Steel Manufacturing Co., Ltd
Weightedaverage dumping margin percent
11.70
6.80
Review-Specific Average Rate Applicable to the Following Companies Hanwa Co., Ltd
Higuchi Manufacturing America, LLC
Higuchi Seisakusho Co., Ltd Hitachi Metals, Ltd
JFE Steel Corporation/JFE
Shoji Trade Corporation 13
JFE Shoji Trade America
Kanematsu Corporation
Kobe Steel, Ltd
Metal One Corporation
Miyama Industry Co., Ltd
Nakagawa Special Steel Inc Nippon Steel & Sumikin Logistics Co., Ltd
Okaya & Co. Ltd
Saint-Gobain K.K
Shinsho Corporation
Sumitomo Corporation
Suzukaku Corporation
Toyota Tsusho Corporation Nagoya
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
10.95
Assessment Consistent with its recent notice,14
Commerce intends to issue assessment instructions to CBP no earlier than 35
days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will 12 Commerce found in a changed circumstances review that NSC, Nippon Steel Nisshin Co., Ltd.
Nippon Nisshin, and Nippon Steel Trading Corporation NSTC are affiliated companies that should be treated as a single entity and as the successor-in-interest to Nippon Steel & Sumitomo Metal Corporation NSSMC, Nisshin Steel Co., Ltd.
Nisshin Steel, and Nippon Steel & Sumikin Bussan Corporation NSSBC, respectively. See Certain Hot-Rolled Steel Flat Products from Japan:
Notice of Final Results of Antidumping Duty Changed Circumstances Review, 84 FR 46713
September 5, 2019. We have continued to treat NSC, Nippon Nisshin, and NSTC as a single entity for purposes of this administrative review.
13 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 PDM at 89. We have continued to treat these companies as a single entity for purposes of this administrative review.
14 See Notice of Discontinuation of Policy to Issue Liquidation Instructions After 15 Days in Applicable Antidumping and Countervailing Duly Administrative Proceedings, 86 FR 3995 January 15, 2021.
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