[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Notices]
[Pages 14635-14637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05183]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-854]


Certain Steel Nails From Taiwan: Final Results of Antidumping 
Duty Administrative Review and Determination of No Shipments; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) determines that Liang 
Chyuan Industrial Co., Ltd. and its affiliate Integral Building 
Products Inc. (collectively, LC), PT Enterprise, Inc. and its 
affiliated producer Pro-Team Coil Nail Enterprise, Inc. (collectively, 
PT), and Unicatch Industrial Co. Ltd. (Unicatch), made U.S. sales of 
subject merchandise below normal value during the period of review 
(POR) July 1, 2017 through June 30, 2018.

DATES: Applicable March 13, 2020.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, Suzanne Lam, or Joseph 
Dowling, AD/CVD Operations, Office VIII, Enforcement and Compliance, 
International Trade Administration, Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6905, (202) 482-0783, or (202) 482-1646, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 12, 2019, Commerce published the Preliminary Results 
of this administrative review.\1\ For a discussion of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ On December 16, 2019, we partially extended the deadline 
for the final results to February 19, 2020.\3\ On January 30, 2020, 
Commerce fully extended the final results deadline until March 10, 
2020.\4\
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    \1\ See Certain Steel Nails from Taiwan: Preliminary Results of 
Antidumping Duty Administrative Review; 2017-2018, 84 FR 48116 
(September 12, 2019) and accompanying Preliminary Decision 
Memorandum (Preliminary Results).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: Certain 
Steel Nails from Taiwan; 2017-2018'' (Issues and Decision 
Memorandum), dated concurrently with, and hereby adopted by, this 
notice.
    \3\ See Memorandum, ``Certain Steel Nails from Taiwan: Extension 
of Deadline for Final Results of Antidumping Duty Administrative 
Review,'' dated December 16, 2019.
    \4\ See Memorandum, ``Certain Steel Nails from Taiwan: Second 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated January 30, 2020.
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Scope of the Order \5\

    The merchandise covered by this order is certain steel nails. The 
certain steel nails subject to the order are currently classifiable 
under HTSUS subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 
7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18,
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    \5\ See Certain Steel Nails from the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic 
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) 
(Order).
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    7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 
7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 
7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain 
steel nails subject to this order also may be classified under HTSUS 
subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings. 
While the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this order is 
dispositive. For a complete description of the scope of the order, see 
the Issues and Decision Memorandum.\6\
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    \6\ See Issues and Decision Memorandum.
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Analysis of Comments Received

    In the Issues and Decision Memorandum, we addressed all issues 
raised in parties' case and rebuttal briefs. In the Appendix to this 
notice, we provide a list of the issues raised by parties. 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 
in the Central Records Unit (CRU), room B8024 of the main Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Final Determination of No Shipments

    Commerce received timely no-shipment certifications from six 
companies.\7\ Commerce inadvertently

[[Page 14636]]

omitted from the Preliminary Results a preliminary determination of no 
shipments regarding these companies. However, Commerce issued a no-
shipment inquiry to U.S. Customers and Border Protection (CBP) on 
November 2, 2018.\8\ CBP responded that it did not find any shipments 
of subject merchandise from these six companies.\9\ Further, we 
received no comments regarding the no-shipment certifications of these 
six companies or the CBP response to our inquiry. Accordingly, because 
the record contains no evidence to the contrary, we find that these six 
companies made no shipments of subject merchandise during the POR. 
Accordingly, consistent with Commerce's practice, we will instruct CBP 
to liquidate any existing entries of subject merchandise produced by 
these six companies, but exported by other parties, at the rate for the 
intermediate reseller, if available, or at the all-others rate.
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    \7\ See certifications of no shipments filed by: (1) Astrotech 
Steels Private Limited, dated October 5, 2018; (2) Jinhai Hardware 
Co., Ltd., dated October 10, 2018; (3) Region System SDN BHD, Region 
Industries Co., Ltd., and Region International Co., Ltd., dated 
October 10, 2018; and (4) Synn Industrial Co., Ltd., dated October 
4, 2018.
    \8\ See Memorandum to the File, ``No Shipment Inquiry Response 
from CBP,'' dated November 9, 2018 (ACCESS Barcode 3776435-01), 
citing to Commerce's No Shipment Inquiry Message Number 8306301.
    \9\ Id.
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Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties, we made certain changes to the Preliminary Results. 
Specifically, we made adjustments to the antidumping margin 
calculations for the mandatory respondents. As a result, we also 
revised the rate applicable to those companies for which a review was 
requested but which were not individually reviewed. For a full 
discussion of these changes, see the Issues and Decision Memorandum.

Final Results of the Administrative Review

    We have determined the following weighted-average dumping margins 
for the firms listed below for the period July 1, 2017 through June 30, 
2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Liang Chyuan Industrial Co., Ltd./Integral Building Products        2.54
 Inc........................................................
PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc......        6.72
Unicatch Industrial Co. Ltd.................................       27.69
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Review-Specific Average Rate Applicable to the Following Companies: \10\
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Hor Liang Industrial Corp...................................       12.90
Romp Coil Nail Industries Inc...............................       12.90
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protections (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. Commerce intends to issue assessment instructions to CBP 
15 days after the date of publication of the final results of this 
administrative review in the Federal Register.
    For any individually examined respondent whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), Commerce will 
calculate importer-specific assessment rates on the basis of the ratio 
of the total amount of dumping calculated for the importer's examined 
sales and the total entered value of sales. Where we do not have 
entered values for all U.S. sales to a particular importer/customer, we 
will calculate a per-unit assessment rate by aggregating the 
antidumping duties due for all U.S. sales to that importer (or 
customer) and dividing this amount by the total quantity sold to that 
importer (or customer).\11\ To determine whether the duty assessment 
rates are de minimis, in accordance with the requirement set forth in 
19 CFR 351.106(c)(2), we calculate importer- (or customer-) specific ad 
valorem ratios based on the estimated entered value. Where either a 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer- (or customer-) specific ad valorem rate is zero or de 
minimis, we will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\12\
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    \10\ This rate is based on the weighted-average of the margins 
calculated for those companies selected for individual review. See 
Memorandum, ``Calculation of the Review-Specific Weighted-Average 
Rate for the Final Results,'' dated concurrently with this notice.
    \11\ See 19 CFR 351.212(b)(1).
    \12\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012) (Final Modification for Reviews).
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    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the weighted-average of the 
dumping margins calculated for PT, Unicatch, and LC. As indicated 
above, for each company which we determined had ``no shipments'' of the 
subject merchandise during the POR, we will instruct CBP to liquidate 
all POR entries associated with these companies at the all-others rate 
if there is no rate for the intermediate company(ies) involved in the 
transaction, consistent with Commerce's reseller policy.\13\
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    \13\ 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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    For entries of subject merchandise during the POR produced by each 
respondent for which it did not know its merchandise was destined for 
the United States, we will instruct CBP to liquidate such entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. 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.\14\
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    \14\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for 
the respondents noted above 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 producer is, then 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 2.16 percent, the all-others rate in

[[Page 14637]]

    the LTFV investigation.\15\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \15\ The all-others rate from the underlying investigation was 
revised in Certain Steel Nails from Taiwan: Notice of Court Decision 
Not in Harmony with Final Determination in Less than Fair Value 
Investigation and Notice of Amended Final Determination, 82 FR 
55090, 55091 (November 20, 2017).
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Notification to Importers Regarding the Reimbursement of Duties

    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 POR. 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 Regarding Administrative Protective Order

    This notice also serves as a final 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 351.221(b)(5).

    Dated: March 9, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    A. Issues Pertaining to LC
    Comment 1: Whether to Apply Adverse Facts Available (AFA)
    Comment 2: Treatment of Resales of Subject Merchandise Produced 
by Unaffiliated Suppliers
    Comment 3: Third Country Credit Expense Calculation
    Comment 4: Packing Services Cost Calculation
    Comment 5: Claimed Scrap Offset
    B. Issues Pertaining to Unicatch
    Comment 6: Home Market Viability
    Comment 7: Calculation of CV Profit Ratio
    Comment 8: Calculation of Freight Revenue Cap
    Comment 9: Treatment of Commissions
    Comment 10: Comparison of Brads and DA Nails to Other Nails
    Comment 11: Calculation of Interest and General and 
Administrative Expenses
    Comment 12: Cost of Manufacturing Adjustment
    C. Issues Pertaining to PT
    Comment 13: Calculation of CV Profit Ratio
    Comment 14: Treatment of Certain Line Items in Financial 
Statements as G&A Expenses
VI. Recommendation

[FR Doc. 2020-05183 Filed 3-12-20; 8:45 am]
 BILLING CODE 3510-DS-P