Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64327 

5See Certain Corrosion-Resistant Steel Products 

from India, Italy, the People’s Republic of Korea 

and Taiwan: Amended Final Affirmative 

Antidumping Determination for India and Taiwan, 

and Antidumping Duty Orders, 81 FR 48390, 48393 

(July 25, 2016). 

1See Diffusion-Annealed, Nickel-Plated FlatRolled 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. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the 

Administrative Review of the Antidumping Duty 

Order on Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan; 2016–2017,’’ 

dated concurrently with and hereby adopted by this 

notice (Issues and Decision Memorandum). 

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 producer is, the cash deposit rate 

will be the rate established for the most 

recently completed segment of this 

proceeding for the producer of the 

subject merchandise; and (4) the cash 

deposit rate for all other manufacturers 

or exporters will continue to be 0.00 

percent, the all-others rate established 

in the investigation.5 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

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 this POR. 

Failure to comply with this requirement 

could result in the Secretary’s 

presumption that reimbursement of 

antidumping and/or countervailing 

duties occurred 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 10, 2018. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

Appendix 

List of Topics Discussed in the Final 

Decision Memorandum 

I. Summary 

II. List of Comments 

III. Background 

IV. Changes Since the Preliminary Results 

V. Scope of the Order 

VI. Discussion of Comments 

Comment: Errors in Home Market SAS 

Programming Language 

VII. Recommendation 

[FR Doc. 2018–27122 Filed 12–13–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–588–869] 

Diffusion-Annealed, Nickel-Plated, FlatRolled 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 diffusionannealed, 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

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 


amozie on DSK3GDR082PROD with NOTICES1
64328 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 

3For 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. 4See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Antidumping 

Duty Order, 79 FR 30816, 30817 (May 29, 2014) 

(Order). 

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

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: 

Producer or exporter 

Dumping 

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. 

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 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64329 

1See Notice of Countervailing Duty Order and 

Amended Final Affirmative Countervailing Duty 

Determination: Certain Pasta (‘‘Pasta’’) from Italy, 

61 FR 38544 (July 24, 1996) (Order). 

2See Certain Pasta from Italy: Preliminary Results 

of Countervailing Duty Administrative Review and 

Partial Rescission; 2016, 83 FR 39418 (August 9, 

2018) (Preliminary Results), and accompanying 

Preliminary Decision Memorandum. 

3See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of 

Countervailing Duty Administrative Review: 

Certain Pasta from Italy; 2016,’’ dated concurrently 

with this notice (Issues and Decision 

Memorandum). 

4See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regrading benefit; and, section 771(5A) 

of the Act regarding specificity. 5See 19 CFR 351.224(b). 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–475–819] 

Pasta From Italy: Final Results of 

Countervailing Duty Administrative 

Review; 2016 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) has completed its 

administrative review of the 

countervailing duty (CVD) order on 

pasta from Italy. We have determined 

that GR.A.M.M. S.r.l. (GR.A.M.M.), the 

only mandatory respondent, received 

countervailable subsidies during the 

period of review (POR) January 1, 2016, 

through December 31, 2016. 

DATES: Applicable December 14, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Mary Kolberg, AD/CVD Operations, 

Office I, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1785. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 24, 1996, Commerce 

published in the Federal Register a CVD 

Order on pasta from Italy.1 On August 

9, 2018, Commerce published the 

Preliminary Results of this CVD 

administrative review in the Federal 

Register.2 Commerce gave interested 

parties an opportunity to comment on 

the Preliminary Results. On September 

11, 2018, we received a case brief from 

GR.A.M.M. No rebuttal comments were 

received. 

Scope of the Order 

The merchandise covered by this 

order is certain non-egg dry pasta from 

Italy. The merchandise subject to this 

order is currently classifiable under 

items 1901.90.90.95 and 1902.19.20 of 

the Harmonized Tariff Schedule of the 

United States (HTSUS). Although the 

HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the merchandise 

subject to the order is dispositive. A full 

description of the scope of the order is 

contained in the Issues and Decision 

Memorandum, which is hereby adopted 

in this notice.3

Analysis of Comments Received 

All issues raised in the respondent’s 

case brief are listed in the Appendix to 

this notice and are addressed in the 

Issues and Decision Memorandum 

accompanying this notice. 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 http://

access.trade.gov and in the Central 

Records Unit, Room B8024 of the main 

Commerce building. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn. The signed and electronic versions 

of the Issues and Decision 

Memorandum are identical in content. 

Changes Since the Preliminary Results 

For the final results, we changed the 

calculation of the countervailable 

subsidy rate for Action 6.1.4, Aid on 

Investment Program Promoted by Micro 

and Small Businesses, based on 

additional information provided 

regarding the specificity of the program 

and no longer find the portion of the 

program funded by the Regional 

Government of Puglia to be 

countervailable. 

Methodology 

We conducted this review in 

accordance with section 751(a)(1)(A) of 

the Tariff Act of 1930, as amended (the 

Act). For each of the subsidy programs 

found to be countervailable during the 

POR, we find that there is a subsidy, i.e., 

a government-provided financial 

contribution that gives rise to a benefit 

to the recipient, and that the subsidy is 

specific.4 For a full description of the 

methodology underlying our 

conclusions, see the Issues and Decision 

Memorandum. 

Final Results of Review 

We determine the following net 

countervailable subsidy rate for 

GR.A.M.M., for the period, January 1, 

2016, through December 31, 2016: 

Producer/exporter 

Net 

subsidy 

rate 

(percent) 

GR.A.M.M. S.r.l .......................... 1.18 

Disclosure 

We intend to disclose to the parties in 

this proceeding the calculations 

performed for these final results within 

five days of the date of publication of 

this notice in the Federal Register.5

Assessment Rates 

In accordance with 19 CFR 

351.212(b)(2), Commerce intends to 

issue assessment instructions to U.S. 

Customs and Border Protection (CBP) 15 

days after the date of publication of 

these final results to liquidate 

shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption, on or after January 1, 

2016 through December 31, 2016, at the 

ad valorem rate listed above. 

Cash Deposit Instructions 

In accordance with section 

751(a)(2)(C) of the Act, we intend to 

instruct CBP to collect cash deposits of 

estimated countervailing duties in the 

amount shown above for shipments of 

subject merchandise by GR.A.M.M.. For 

all non-reviewed firms, we will instruct 

CBP to continue to collect cash deposits 

of estimated countervailing duties at the 

most recent company-specific or allothers rate applicable to the company. 

These cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Administrative Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a sanctionable violation. 

We are issuing and publishing these 

results in accordance with sections 


amozie on DSK3GDR082PROD with NOTICES1