[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Notices]
[Pages 16613-16615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05487]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-856]


Certain Corrosion-Resistant Steel Products From Taiwan: Final 
Results of Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) 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.

DATES: Applicable March 24, 2020.

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, or (202) 482-4474, respectively.

SUPPLEMENTARY INFORMATION: 

[[Page 16614]]

Background

    On September 12, 2019, Commerce published the Preliminary Results 
for this administrative review.\1\ We invited interested parties to 
comment on the Preliminary Results. This review covers three 
respondents: Prosperity Tieh Enterprise Co., Ltd. (Prosperity), Sheng 
Yu Steel Co., Ltd. (SYSCO), Synn Industrial Co., Ltd., and Yieh Phui 
Enterprise Co., Ltd. (collectively, Yieh Phui/Synn).\2\ We received 
case briefs from California Steel Industries (California Steel) and 
Steel Dynamics, Inc. (Steel Dynamics), Prosperity, SYSCO, Toyota Tsusho 
America, Inc. (TAI), and Yieh Phui/Synn. We received rebuttal briefs 
from AK Steel Corporation (AK Steel) and SYSCO. We refer to California 
Steel, Steel Dynamics, and AK Steel collectively as the petitioners. 
Commerce conducted this review in accordance with section 751 of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Corrosion-Resistant Steel Products from Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 48120 (September 12, 2019) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Certain Corrosion-Resistant Steel Products from Taiwan: 
Final Results of Antidumping Duty Administrative Review; 2016-2017, 
83 FR 64527 (December 17, 2018), amended by Certain Corrosion-
Resistant Steel Products from Taiwan: Amended Final Results of 
Antidumping Duty Administrative Review; 2016-2017, 84 FR 5991 
(February 25, 2019) (Final Results 2016-2017). In the Final Results 
2016-2017, we collapsed Yieh Phui and Synn and treated them as a 
single entity.
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Scope of the Order

    The product covered by the order is 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, 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.

Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the accompanying Issues and Decision 
Memorandum.\3\ A list of the issues which parties raised, and to which 
we respond in the Issues and Decision Memorandum, is attached at the 
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 System (ACCESS). ACCESS 
is available to registered users at https://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/index.html. 
The signed and the electronic versions of the Issues and Decision 
Memorandum are identical in content.
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    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review of Certain 
Corrosion-Resistant Steel Products from Taiwan, 2017-2018,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the preliminary weighted-average margin calculations for 
Prosperity, SYSCO, and Yieh Phui/Synn. For detailed information, see 
the Issues and Decision Memorandum.

Final Results of the Administrative Review

    We determine that the following weighted-average dumping margins 
exist for the respondents for the period July 1, 2017 through June 30, 
2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd.........................        3.48
Sheng Yu Steel Co. Ltd......................................        6.84
Yieh Phui Enterprise Co., Ltd. and Synn Industrial Co., Ltd.        0.51
------------------------------------------------------------------------

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 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    For Prosperity, SYSCO, and Yieh Phui/Synn, we calculated importer-
specific assessment rates on the basis of the ratio of the total amount 
of antidumping duties calculated for each importer's examined sales and 
the total entered value of the sales in accordance with 19 CFR 
351.212(b)(1).\4\ For entries of subject merchandise during the POR 
produced by Prosperity, SYSCO, or Yieh Phui/Synn 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(ies) involved in 
the transaction.
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    \4\ In these final 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 Duty Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012).
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    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.\5\
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    \5\ See section 751(a)(2)(C) of the Act.
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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 deposit requirements will be effective for all 
shipments of 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 the companies listed above will 
be equal to the weighted-average dumping margins established in the 
final results of this

[[Page 16615]]

administrative review; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior completed 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published for the most recent period; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original investigation, but the producer has been covered in a 
prior complete segment of this proceeding, then the cash deposit rate 
will be the rate established for the most recent period for the 
producer of the merchandise; (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 3.66 percent,\6\ the 
all-others rate from the Amended Final Determination. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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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).
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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 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 Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of 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.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act and 
19 CFR 351.221(b)(5).

    Dated: March 10, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

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
    Comment 1: Treatment of Section 232 Duties Paid by Prosperity
    Comment 2: Application of Differential Pricing Methodology to 
Prosperity's U.S. Sales
    Comment 3: Universe of Constructed Export Price (CEP) Sales for 
SYSCO
    Comment 4: SYSCO's Categorization of Sales as U.S. or Home 
Market
    Comment 5: SYSCO's Costs on Arm's-Length Basis
    Comment 6: SYSCO's Prime and Non-Prime Sales
    Comment 7: Interest Revenue Cap--SYSCO
    Comment 8: Yieh Phui's U.S. Date of Sale and Shipment Dates
    Comment 9: Ministerial Error and Other Issues
VI. Recommendation

[FR Doc. 2020-05487 Filed 3-23-20; 8:45 am]
BILLING CODE 3510-DS-P