[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Pages 48120-48122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19799]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers/exporters subject to this review made sales of subject
merchandise at less than normal value during the period of review (POR)
July 1, 2017 through June 30, 2018. We invite interested parties to
comment on these preliminary results.
DATES: Applicable September 12, 2019.
FOR FURTHER INFORMATION CONTACT: Shanah Lee, Stephanie Berger, or
Charles Doss, AD/CVD Operations, Office III, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-6386, (202) 482-2483, and (202) 482-4474, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty (AD) order on certain corrosion-resistant steel products (CORE)
from Taiwan,\1\ covering the following three respondents: (1) The
previously collapsed Yieh Phui Enterprise Co., Ltd. (YP) and Synn Co.,
Ltd. (Synn) entity (collectively, YP/Synn); (2) Prosperity Tieh
Enterprise Co., Ltd. (Prosperity); and (3) Sheng Yu Steel Co., Ltd.
(SYSCO). For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\2\
A list of topics included in the Preliminary Decision Memorandum is
included as an appendix to this notice.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 45596 (September 10, 2018).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain
Corrosion-Resistant Steel Products from Taiwan, 2017-2018,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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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 29, 2019.\3\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. The deadline
for the preliminary results of this review is now September 6, 2019.
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\3\ 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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Scope of the Order 4
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\4\ For the full text of the scope of the order, see the
Preliminary Decision Memorandum.
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The products covered by the order are flat-rolled steel products,
either clad, plated, or coated with corrosion-resistant metals such as
zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys,
whether or not corrugated or painted, varnished, laminated, or coated
with plastics or other non-metallic substances in addition to the
metallic coating. The subject merchandise is currently classifiable
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0091, 7210.49.0095, 7210.61.0000,
[[Page 48121]]
7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.6000,
7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000,
7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, and
7212.60.0000. The products subject to the orders may also enter under
the following HTSUS item numbers: 7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560,
7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.91.0000,
7225.92.0000, 7225.99.0090, 7226.99.0110, 7226.99.0130, 7226.99.0180,
7228.60.6000, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings
above are provided for convenience and customs purposes only. The
written description of the scope of the order is dispositive.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1) and (2) of Tariff Act of 1930, as amended (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. 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 is available to all
parties in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, the complete Preliminary Decision Memorandum can
be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the
electronic version of the Preliminary Decision Memorandum are identical
in content.
Preliminary Results of the Review
We preliminarily determine the following weighted-average dumping
margins exist for the POR:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Prosperity Tieh Enterprise Co., Ltd......................... 0.60
Yieh Phui Enterprise Co., Ltd. and Synn Industrial Co., Ltd. 0.51
Sheng Yu Steel Co., Ltd..................................... 6.76
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.
If the weighted-average dumping margin for YP/Synn, Prosperity, and
SYSCO is not zero or de minimis (i.e., less than 0.5 percent), we will
calculate importer-specific ad valorem AD assessment rates based on the
ratio of the total amount of dumping calculated for the importers
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\5\ We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is above de minimis (i.e., 0.5 percent). Where
either the respondent's weighted-average dumping margin is zero or de
minimis, or an importer-specific assessment rate is zero or de minimis,
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties. 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 where
applicable.
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\5\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which they did not know that their merchandise was
destined for the United States, we will instruct CBP to liquidate
entries not reviewed at the all-others rate of 3.66 percent \6\ if
there is no rate for the intermediate company(ies) involved in the
transaction.\7\ We intend to issue instructions to CBP 15 days after
publication of the final results of this review.
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\6\ See Corrosion-Resistant Steel Products from Taiwan: Notice
of Court Decision Not in Harmony with Final Determination of
Antidumping Duty Investigation and Notice of Amended Final
Determination of Investigation, 84 FR 6129 (February 26, 2019)
(Amended Final Determination).
\7\ 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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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of CORE from Taiwan entered, or withdrawn from warehouse,
for consumption on or after the date of publication provided by section
751(a)(2) of the Act: (1) The cash deposit rate for each company listed
above will be equal to the dumping margins established in the final
results of this review except if the ultimate rates are de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rates will be zero; (2) for merchandise exported by producers
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 in which the producer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the original less-than-fair-value investigation but
the producer is, the cash deposit rate will be the rate established for
the most recently completed segment of the proceeding for the producer
of the merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 3.66 percent, the all-others
rate established in Amended Final Determination.\8\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\8\ See Amended Final Determination.
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Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\9\
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. 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.\10\ Parties who submit case briefs or rebuttal briefs in
this proceeding are requested to submit with
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the argument: (1) A statement of the issue, (2) a summary of the
argument, and (3) a table of authorities.\11\ All briefs must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS.
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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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, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\12\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, we will inform
parties of the scheduled date for the hearing which will be held at the
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230, at a time and location to be determined.\13\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, within 120 days
after issuance of these preliminary results.
Notification to Importers
This notice also 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 doubled antidumping duties.
Notification to Interested Parties
These preliminary results of review is are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: September 5, 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. Discussion of the Methodology
V. Date of Sale
VI. Product Comparisons
VII. Export Price and Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2019-19799 Filed 9-11-19; 8:45 am]
BILLING CODE 3510-DS-P