[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Notices]
[Pages 34127-34129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15195]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-858]


Certain Carbon and Alloy Steel Cut-to-Length Plate From Taiwan: 
Preliminary Results of the Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2016-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers and/or exporters subject to this administrative review 
made sales of subject merchandise at less than normal value (NV). 
Interested parties are invited to comment on these preliminary results 
of review.

DATES: Applicable July 17, 2019.

FOR FURTHER INFORMATION CONTACT: Joshua Tucker or Ajay Menon, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2044 or (202) 482-1993, 
respectively.

Scope of the Order

    The products covered by the order are certain carbon and alloy 
steel hot-rolled or forged flat plate products not in coils, whether or 
not painted, varnished, or coated with plastics or other non-metallic 
substances from Taiwan. Products subject to the order are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030, 
7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 
7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 
7226.20.0000, and 7226.91.5000. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the merchandise subject to this scope is dispositive.\1\
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    \1\ For a full description of the scope of the order see 
Memorandum, ``Decision Memorandum for the Preliminary Results of the 
2016-2018 Administrative Review of the Antidumping Duty Order on 
Certain Carbon and Alloy Steel Cut-To-Length Plate from Taiwan,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).

SUPPLEMENTARY INFORMATION: 

Background

    On July 12, 2018, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review on certain carbon and alloy steel cut-to-length plate from 
Taiwan.\2\ This review covers 19 producers and/or exporters of subject 
merchandise. In November 2018, we extended the preliminary results of 
this review to no later than May 31, 2019.\3\ Commerce exercised its 
discretion to toll all deadlines affected by the partial federal 
government closure from December 22, 2018 through the resumption of 
operations on January 28, 2019.\4\ Accordingly, the revised deadline 
for the preliminary results of this review is now July 10, 2019. For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 32270 (July 12, 2018).
    \3\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-To-
Length Plate from Taiwan: Extension of the Deadline for Preliminary 
Results of the 2016-2018 Antidumping Duty Administrative Review,'' 
dated November 30, 2018.
    \4\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price 
and constructed export price are calculated in accordance with section 
772 of the Act. NV 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. 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 is available to 
registered users at https://access.trade.gov and to all parties in the 
Central Records Unit, Room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/summary/taiwan/taiwan-fr.htm. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an Appendix to this notice.

Preliminary Determination of No Shipments

    Among the companies under review,\5\ China Steel Corporation (CSC), 
Chun Chi Grating Co., Ltd. (Chun Chi), and Product Depot International 
Corp. (Product Depot) properly filed statements that they had no 
shipments of subject merchandise to the United States during the 
POR.\6\ Based on their certifications and our analysis of U.S. Customs 
and Border Protection (CBP) information, we preliminarily determine 
that CSC, Chun Chi, and Product Depot had no reviewable transactions 
during the POR. Consistent with our practice, we are not preliminarily 
rescinding the review with respect to CSC, Chun Chi, or Product Depot, 
but, rather, we will complete the review for these companies and issue 
appropriate instructions to CBP based on the final results of this 
review.\7\
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    \5\ Commerce also received a properly-filed no shipments 
statement from an additional company, Pat & Jeff Enterprise Co., 
Ltd. However, because we received no request for an administrative 
review for this company, we have not considered this no shipments 
statement in this segment of the proceeding.
    \6\ See CSC's Letter, ``Administrative Review of the Antidumping 
Order on Carbon and Alloy Steel Cut-to-Length Plate from Taiwan for 
the 2016-18 Review Period--No Shipments Letter'' dated July 25, 
2018; Product Depot's Letter, ``Carbon and Alloy Steel Cut-to-Length 
Plate from Taiwan--No Sales Letter,'' dated July 24, 2018; and Chun 
Chi's Letter, ``Certain Carbon and Alloy Steel Cut-to-Length Plate 
from Taiwan Request to Amend Administrative Protective Order--
Request to Remove,'' dated June 28, 2019.
    \7\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).

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[[Page 34128]]

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margin exists for the period 
November 14, 2016 through April 30, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Shang Chen Steel Co., Ltd...................................        2.59
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    Review-Specific Rate Applicable to the Following Companies: \8\
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    \8\ This rate is the rate calculated for SCS. See section 
735(c)(5)(A) of the Act.

------------------------------------------------------------------------
                                                                Dumping
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
Broad Hand Enterprise Co., Ltd..............................        2.59
C.H. Robinson Freight Services..............................        2.59
Eci Taiwan Co., Ltd.........................................        2.59
Locksure Inc................................................        2.59
Nan Hoang Traffic Instrument Co.............................        2.59
New Marine Consolidator Co., Ltd............................        2.59
North America Mining Group Co., Ltd.........................        2.59
Oriental Power Logistics Co., Ltd...........................        2.59
Scanwell Logistics (Taiwan).................................        2.59
Shin Yang Steel Co., Ltd....................................        2.59
Shye Yao Steel Co., Ltd.....................................        2.59
Speedmark Consolidation.....................................        2.59
Sumeeko Industries Co., Ltd.................................        2.59
Triple Merits Ltd...........................................        2.59
UKI Enterprise Co., Ltd.....................................        2.59
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days of the date of publication of this notice.\9\ Interested 
parties may submit case briefs to Commerce no later than 30 days after 
the date of publication of this notice.\10\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than five days 
after the time limit for filing case briefs.\11\ Parties who submit 
case briefs or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\12\ Case and 
rebuttal briefs should be filed using ACCESS.\13\
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c).
    \11\ See 19 CFR 351.309(d).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ See 19 CFR 351.303.
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    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, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\14\ Hearing requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Issues 
raised in the hearing will be limited to issues raised in the briefs. 
If a request for a hearing is made, parties will be notified of the 
time and date for the hearing to be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\15\
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
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    An electronically-filed document must be received successfully in 
its entirety by ACCESS by 5 p.m. Eastern Time on the established 
deadline.
    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless otherwise extended.\16\
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    \16\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries.
    Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of dumping calculated for the examined sales to the total entered value 
of the sales for which entered value was reported. Where either the 
respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. We intend to 
instruct CBP to take into account the ``provisional measures deposit 
cap,'' in accordance with 19 CFR 351.212(d). For the companies which 
were not selected for individual review, we will assign an assessment 
rate based on the cash deposit rate calculated for SCS.\17\ 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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    \17\ This rate was calculated as discussed in footnote 8, above.
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    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by SCS for which SCS did not know 
that the merchandise it sold to the intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\18\
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    \18\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective 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 each specific 
company listed above will be equal to the weighted-average dumping 
margin 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 companies not participating in this review, the 
cash deposit rate will continue to be the company-specific cash deposit 
rate published for the most recently completed segment; (3) if the 
exporter is not a firm covered in this review, or the original less-
than-fair-value (LTFV) investigation, but the producer is, the cash 
deposit rate will be the cash deposit rate established for the most 
recently completed segment for the producer of the merchandise; and (4) 
the cash deposit rate for all other producers or exporters will 
continue to be 39.52 percent, the all-others rate established in the 
LTFV investigation.\19\ These deposit requirements, when

[[Page 34129]]

imposed, shall remain in effect until further notice.
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    \19\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from 
Austria, Belgium, France, the Federal Republic of Germany, Italy, 
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative 
Antidumping Determinations for France, the Federal Republic of 
Germany, the Republic of Korea and Taiwan, and Antidumping Duty 
Orders, 82 FR 24096 (May 25, 2017).
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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 duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

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

    Dated: July 10, 2019.
Jeffrey I. Kessler,
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. Preliminary Determination of No Shipments
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2019-15195 Filed 7-16-19; 8:45 am]
 BILLING CODE 3510-DS-P