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[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89602-89604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26223]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-874]

Certain Hot-Rolled Steel Flat Products From Japan: Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review; 2022-2023

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that one of the two producers/exporters of hot-rolled steel 
flat products (hot-rolled steel) from Japan, sold subject merchandise 
in the United States at prices below normal value during the period of 
review (POR) October 1, 2022, through September 30, 2023.

DATES: Applicable November 13, 2024.

FOR FURTHER INFORMATION CONTACT: Jack Zhao or Myrna Lobo, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1396 and (202) 482-2371, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on hot-rolled steel from Japan in accordance with section 
751(a)(1)(B) of Tariff Act of 1930, as amended (the Act).\1\ Commerce 
initiated this administrative review of the Order on December 6, 2023, 
covering ten producers and/or exporters.\2\ On March 4, 2024, JFE Shoji 
Corporation and JFE Shoji America, LLC withdrew its request for review, 
pursuant to 19 CFR 351.213(d)(1).\3\ On March 5, 2024, the petitioner 
withdrew its request for review with respect to JFE Steel Corporation 
and its affiliated companies.\4\ As all parties that

[[Page 89603]]

requested a review for JFE and its affiliates have withdrawn their 
requests, and the requests for withdrawal are timely, Commerce is 
rescinding the review with respect to the JFE companies.\5\ The 
remaining companies subject to this review are Nippon Steel Corporation 
(NSC) \6\ and Tokyo Steel Manufacturing Co., Ltd. (Tokyo Steel).
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    \1\ 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 84784 (December 6, 2023).
    \3\ See JFE's Letter, ``Withdrawal of Review Request,'' dated 
March 4, 2024 (JFE Letter of Withdrawal).
    \4\ See Petitioner Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated March 5, 2024 (Petitioner Letter of 
Withdrawal).
    \5\ The JFE companies for which this administrative review was 
initiated are: JFE Steel Corporation, JFE Shoji Corporation, JFE 
Shoji Trade Corporation, and JFE Shoji Trade America.
    \6\ NSC is a single entity comprised of the following companies: 
Nippon Steel Corporation; Nippon Steel Nisshin Co., Ltd.; and Nippon 
Steel Trading Corporation. 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).
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    On June 13, 2024, in accordance with section 751(a)(3)(A) of the 
Act and 19 CFR 351.213(h)(1), we extended the deadline for the 
preliminary results of this review until October 30, 2024.\7\ On July 
22, 2024, Commerce tolled certain deadlines in this administrative 
proceeding by seven days.\8\ The deadline for these preliminary results 
is now November 6, 2024. For a detailed description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\9\
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    \7\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated June 13, 
2024.
    \8\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \9\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Rescission of the Antidumping Duty 
Administrative Reviews: Certain Hot-Rolled Steel Flat Products from 
Japan; 2022-2023,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is hot-rolled steel from 
Japan. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.\10\
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    \10\ Id.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a) of the Act. Export price and constructed export 
price were 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 
Preliminary Decision Memorandum. A list of topics discussed in the 
Preliminary Decision Memorandum is attached as an appendix to 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 https://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received timely-filed 
withdrawal requests for JFE.\11\ Because the withdrawal requests were 
timely filed and no other party requested a review of JFE, in 
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this 
review of the Order with respect to the JFE companies: JFE Steel 
Corporation, JFE Shoji Corporation, JFE Shoji Trade Corporation, and 
JFE Shoji Trade America.
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    \11\ See JFE Letter of Withdrawal; see Petitioner Letter of 
Withdrawal.
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Preliminary Results

    We preliminarily determine the following estimated weighted-average 
dumping margins for the period October 1, 2022, through September 30, 
2023:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                         dumping
                                                              margin
                                                             (percent)
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Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./           29.03
 Nippon Steel Trading Corporation \12\..................
Tokyo Steel Manufacturing Co., Ltd......................            0.00
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Disclosure and Public Comment
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    \12\ This rate is also applicable to Nippon Steel & Sumikin 
Logistics Co., Ltd. for whom a review was initiated and NSC 
identified as its wholly owned subsidiary. See NSC's April 17, 2024 
Initial Section A questionnaire response at Exhibit A-5 and May 24, 
2024 Initial Section C questionnaire response at C-41.
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    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than seven days after the date on which the 
final verification report is issued in this review. Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\13\ Interested 
parties who submit case briefs or rebuttal briefs in this proceeding 
must submit: (1) a table of contents listing each issue; and (2) a 
table of authorities.\14\
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    \13\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \14\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\15\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\16\
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    \15\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \16\ See APO and Service Final Rule.

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[[Page 89604]]

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants and whether any 
participant is a foreign national; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. An electronically filed hearing request 
must be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the 
date of publication of this notice.
    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs, no later than 120 days after the date of 
publication of this notice, unless extended.\17\
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    \17\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon for the final results.

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. If the weighted-average 
dumping margins for NSC and Tokyo Steel are not zero or de minimis 
(i.e., less than 0.5 percent) in the final results of this review, we 
will calculate importer-specific ad valorem assessment rates for the 
merchandise based on the ratio of the total amount of dumping 
calculated for the examined sales made during the POR to each importer 
and the total entered value of those same sales, in accordance with 19 
CFR 351.212(b)(1). Where an importer-specific ad valorem assessment 
rate is zero or de minimis in the final results of review, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties in accordance with 19 CFR 351.106(c)(2). If NSC's 
and Tokyo Steel's weighted-average dumping margins are 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.'' \18\
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    \18\ 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 NSC 
or Tokyo Steel for which the producer 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 the 
intermediate company (or companies) involved in the transaction.\19\
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    \19\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).
    For the companies for which this review is being rescinded, in 
part, Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries. Antidumping duties shall be assessed at rates 
equal to the cash deposit rate for estimated antidumping duties 
required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i). With respect 
to the recission of this review, in part, Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of this notice in the Federal Register.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rate for each specific company listed above will be that 
established in the final results of this review, except if the rate is 
less than 0.50 percent and, therefore, de minimis within the meaning of 
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 
(2) for previously investigated companies not participating in this 
review, the cash deposit will continue to be the company-specific rate 
published for the most recently-completed segment of this proceeding in 
which the company participated; (3) if the exporter is not a firm 
covered in this review, or the underlying investigation, but the 
manufacturer is, then the cash deposit rate will be the rate 
established for the most recent segment for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 5.58 percent, the all-others rate 
established in the less-than-fair-value investigation.\20\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \20\ See Order.
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, in Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-26223 Filed 11-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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