[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Notices]
[Pages 63505-63507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22315]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-859]


Steel Concrete Reinforcing Bar 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 Power 
Steel Co., Ltd. (Power Steel) made sales of steel concrete reinforcing 
bar (rebar) from Taiwan at less than normal value (NV) during the 
period of review (POR), March 7, 2017 through September 30, 2018.

DATES: Applicable October 8, 2020.

FOR FURTHER INFORMATION CONTACT: Leo Ayala, AD/CVD Operations, Office 
IV, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-3945.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results on December 17, 2019, 
covering one company, Power Steel.\1\ In the Preliminary Results, we 
rescinded the administrative review with respect to Lo-Toun Steel.\2\ 
We invited interested parties to comment on the Preliminary Results. On 
January 24, 2020, and January 31, 2020, we received case and rebuttal 
briefs, respectively, from interested parties.\3\ On January 16, 2020, 
the petitioner requested that Commerce conduct a hearing in this 
proceeding.\4\ We scheduled a hearing for February 27, 2020; however, 
in the absence of the requesting party, we did not conduct the hearing.
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    \1\ See Steel Concrete Reinforcing Bar from Taiwan: Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review; 2017-2018, 84 FR 68884 (December 17, 2019) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \2\ Id.
    \3\ See Petitioner's Letter, ``Steel Concrete Reinforcing Bar 
from Taiwan: Petitioner's Case Brief,'' dated January 24, 2020 
(Petitioner's Case Brief); Power Steel's Letter, ``Steel Concrete 
Reinforcing Bar,'' dated January 24, 2020 (Power Steel's Case 
Brief); Petitioner's Letter, ``Steel Concrete Reinforcing Bar from 
Taiwan: Petitioner's Rebuttal Brief,'' dated January 31, 2020 
(Petitioner's Rebuttal Brief); and Power Steel's Letter, ``Steel 
Concrete Reinforcing Bar,'' dated January 31, 2020 (Power Steel's 
Rebuttal Brief).
    \4\ See Petitioner's Letter, ``Steel Concrete Reinforcing Bar 
from Taiwan: Hearing Request,'' dated January 16, 2020.
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    On April 8, 2020, Commerce extended the deadline for these final 
results.\5\ On April 24, 2020, Commerce tolled all deadlines in 
administrative reviews by 50 days,\6\ thereby extending the deadline 
for these results until August 3, 2020. On July 21, 2020, Commerce 
tolled all deadlines for all preliminary and final results in 
administrative reviews by an additional 60 days,\7\ thereby extending 
the deadline for these final results until September 30, 2020.\8\ On 
September 30, 2020, Commerce extended the deadline for these final 
results.\9\ Accordingly, the deadline for these final results is 
October 2, 2020. Commerce conducted this administrative review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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    \5\ See Memorandum, ``Steel Concrete Reinforcing Bar from 
Taiwan: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated April 8, 2020.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April, 24, 2020.
    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \8\ See Commerce's Letter, ``Tolling of Deadlines for 
Antidumping and Countervailing Duty Administrative Reviews in 
Response to Operational Adjustments Due to COVID-19,'' dated April 
24, 2020; and Commerce's Letter, ``Tolling of Deadlines for 
Antidumping and Countervailing Duty Administrative Reviews,'' dated 
July 21, 2020.
    \9\ See Memorandum, ``Steel Concrete Reinforcing Bar from 
Taiwan: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated September 30, 2020.
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Scope of the Order

    The product covered by the Order is rebar from Taiwan.\10\ For a 
full description of the scope, see Appendix I.
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    \10\ See Steel Concrete Reinforcing Bar from Taiwan: Antidumping 
Duty Order, 82 FR 45809 (October 2, 2017) (Order).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum, which is hereby adopted by this notice. A list of the 
issues raised is attached to this notice as Appendix II. 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. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/

[[Page 63506]]

index.html. The signed Issues and Decision Memorandum and the 
electronic version of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties, we have used the U.S. sales database submitted in 
Power Steel's January 9, 2020 SQR for these final results.\11\
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    \11\ See Memorandum, ``Final Results of the 2017-2018 
Administrative Review of the Antidumping Duty Order on Steel 
Concrete Reinforcing Bar from Taiwan: Power Steel Final Analysis,'' 
dated October 2, 2020 (Power Steel's Final Analysis Memorandum); and 
Power Steel's January 9, 2020 SQR.
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Final Results of the Administrative Review

    We have determined the following weighted-average dumping margin 
exists for the period March 7, 2017 through September 30, 2018:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                  Producer or exporter                        margin
                                                            (percent)
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Power Steel Co. Ltd....................................            3.27
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Assessment Rates

    Commerce has determined, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
these final results of review.\12\
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    \12\ See 19 CFR 351.212(b).
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    For Power Steel, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce has 
calculated an importer-specific ad valorem duty assessment rate based 
on the ratio of the total amount of dumping calculated for the 
importer's examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1). In accordance with 
Commerce's ``automatic assessment'' practice, for entries of subject 
merchandise during the POR produced by Power Steel for which the 
company did not know that the merchandise was destined for the United 
States, we will instruct CBP to liquidate those entries at the all-
others rate if there is no rate for the intermediate company involved 
in the transaction. We intend to issue 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 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 listed in the ``Final Results of the 
Administrative Review'' section will be equal to the weighted-average 
dumping margin established in the final results of this review; (2) for 
previously reviewed or investigated companies not included in the final 
results of this review, 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 company was reviewed; (3) if the 
exporter is not a firm covered in this review, a previous review, or 
the original less-than-fair-value (LTFV) 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 subject merchandise; and (4) the cash deposit rate for all 
other producers or exporters will continue to be 3.50 percent, the all-
others rate established in the LTFV investigation.\13\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \13\ See Order.
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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 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.

Notification to Interested Parties

    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: October 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

    The merchandise subject to the Order is steel concrete 
reinforcing bar imported in either straight length or coil form 
(rebar) regardless of metallurgy, length, diameter, or grade or lack 
thereof. Subject merchandise includes deformed steel wire with bar 
markings (e.g., mill mark, size, or grade) and which has been 
subjected to an elongation test.
    The subject merchandise includes rebar that has been further 
processed in the subject countries or a third country, including but 
not limited to cutting, grinding, galvanizing, painting, coating, or 
any other processing that would not otherwise remove the merchandise 
from the scope of the Order if performed in the country of 
manufacture of the rebar. Specifically excluded are plain rounds 
(i.e., nondeformed or smooth rebar). Also excluded from the scope is 
deformed steel wire meeting ASTM A1064/A1064M with no bar markings 
(e.g., mill mark, size, or grade) and without being subject to an 
elongation test.
    The subject merchandise is classifiable in the Harmonized Tariff 
Schedule of the United States (HTSUS) primarily under item numbers 
7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject 
merchandise may also enter under other HTSUS numbers including 
7215.90.1000, 7215.90.5000, 7221.00.0017, 7221.00.0018, 
7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030, 
7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000.
    HTSUS numbers are provided for convenience and customs purposes; 
however, the written description of the scope remains dispositive.

Appendix II

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. Fraud Allegation
VI. Discussion of the Issues
    Comment 1: Whether a Particular Market Situation (PMS) Exists 
With Respect to the Taiwanese Billet Market.
    Comment 2: Whether Section 232 Duties Constitute Normal Duties 
Within Section 772(c)(2)(A) of the Tariff Act of 1930, As Amended 
(the Act).

[[Page 63507]]

    Comment 3: Whether Certain Section 232 Duties Should be Deducted 
From Power Steel's U.S. Export Price (EP).
    Comment 4: Whether Commerce Should Grant the Scrap Offset 
Reported by Power Steel.
VII. Recommendation

[FR Doc. 2020-22315 Filed 10-7-20; 8:45 am]
BILLING CODE 3510-DS-P