[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74674-74676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25815]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


Certain Steel Nails From Malaysia: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination of 
No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain steel nails from Malaysia were sold in the United States 
at less than normal value during the period of review (POR), July 1, 
2018 through June 30, 2019. Additionally, we preliminarily find that 
certain companies made no shipments during the review period. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable November 23, 2020.

FOR FURTHER INFORMATION CONTACT: Preston Cox or John Drury, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue

[[Page 74675]]

NW, Washington, DC 20230; telephone: (202) 482-5041 or (202) 482-0195, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    These preliminary results of review are made in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act). On 
September 9, 2019, Commerce published the notice of initiation for the 
administrative review.\1\ On November 13, 2019, Commerce selected Inmax 
Sdn. Bhd. and Inmax Industries Sdn. Bhd. (collectively, Inmax) and 
Region International Co. Ltd. and Region System Sdn. Bhd. 
(collectively, Region) as mandatory respondents in this administrative 
review.\2\ On March 25, 2020, we extended the time limit for completion 
of the preliminary results of the review to no later than July 30, 
2020.\3\ On April 24, 2020, Commerce tolled all deadlines in 
administrative reviews by 50 days.\4\ On July 21, 2020, Commerce 
further tolled all deadlines in administrative reviews by an additional 
60 days.\5\ The deadline for the preliminary results of this review is 
now November 17, 2020. For a complete description of the events that 
followed the initiation of the review, see the Preliminary Decision 
Memorandum.\6\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 47242 (September 9, 2019) (Initiation 
Notice).
    \2\ See Memorandum, ``Administrative Review of Antidumping Duty 
Order on Certain Steel Nails from Malaysia: Respondent Selection 
Memorandum,'' dated November 13, 2019. Commerce has preliminarily 
determined to collapse the Inmax companies and treat them as a 
single entity for purposes of this review. Likewise, it has 
preliminarily determined to collapse the Region companies and treat 
them as a single entity. For a discussion of the collapsing 
criteria, see the company-specific analysis memorandum, dated 
concurrently with this notice.
    \3\ See Memorandum, ``Certain Steel Nails from Malaysia: 
Extension of Deadline for Preliminary Results for Antidumping Duty 
Administrative Review; 2018-2019,'' dated March 25, 2020.
    \4\ 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.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \6\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Certain Steel 
Nails from Malaysia; 2018-2019,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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    A list of topics included in the Preliminary Decision Memorandum is 
included as an Appendix to this notice. 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. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.

Scope of the Order

    The products covered by the scope of the order are certain steel 
nails from Malaysia. For a complete description of the scope, see the 
Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    On October 1, 4, and 9, 2019, respectively, Astrotech Steels 
Private Limited (Astrotech), Trinity Steel Private Limited (Trinity), 
and Jinhai Hardware Co. Ltd. (Jinhai), submitted letters certifying 
that each company had no exports or sales of subject merchandise into 
the United States during the POR.\7\ U.S. Customs and Border Protection 
(CBP) did not have any information to contradict these claims and, 
therefore, we preliminarily determine that Astrotech, Trinity, and 
Jinhai did not have any exports or sales of subject merchandise into 
the United States during the POR.\8\ Consistent with Commerce's 
practice, we will not rescind the review with respect to Astrotech, 
Trinity, and Jinhai, but rather, will complete the review and issue 
instructions to CBP based on the final results.\9\
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    \7\ See Astrotech's Letter, ``Certain Steel Nails from Malaysia 
Request for No Shipment during the Period of Review (POR),'' dated 
October 1, 2019; Trinity's Letter, ``Certain Steel Nails--Malaysia 
Notice of No sales during the Period of Review (POR),'' dated 
October 4, 2019; and Jinhai's Letter, ``Certain Steel Nails from 
Malaysia: Submission of Statement of No Shipments,'' dated October 
9, 2019.
    \8\ See Memorandum, ``No shipment inquiry with respect to the 
companies below during the period 07/01/2018 through 06/30/2019,'' 
dated February 25, 2020.
    \9\ 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 
(August 28, 2014).
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Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of 
the estimated weighted average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this review, we have preliminarily calculated a weighted-average 
dumping margin for the companies not selected for individual 
examination using the calculated rates of the mandatory respondents, 
Inmax and Region, excluding any margins that are zero, de minimis, or 
determined entirely on the basis of facts available in accordance with 
section 735(c)(5)(A) of the Act. We preliminarily calculated a 
weighted-average dumping margin of 1.59 percent for Inmax and 0.00 
percent for Region for the POR. Accordingly, we preliminarily assign 
the dumping margin of 1.59 percent, the weighted-average dumping margin 
calculated for Inmax, to the non-selected companies.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. For a full description of the methodology 
underlying the preliminary results, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    We are assigning the following dumping margins to the firms listed 
below for the period July 1, 2018 through June 30, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producer/exporters                         dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd...............        1.59
Region International Co. Ltd. and Region System Sdn. Bhd....        0.00
Chia Pao Metal Co., Ltd.....................................        1.59
Come Best (Thailand) Co., Ltd...............................        1.59
Kerry-Apex (Thailand) Co., Ltd..............................        1.59
Tag Fasteners Sdn. Bhd......................................        1.59
Vien Group SDN. BHD.........................................        1.59

[[Page 74676]]

 
WWL India Private Ltd.......................................        1.59
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Disclosure and Public Comment

    Commerce will disclose to parties to the proceeding any 
calculations performed in connection with these preliminary results of 
review within five days after the date of publication of this 
notice.\10\ Interested parties are invited to comment on these 
preliminary results. Interested parties may submit case briefs no later 
than 30 days after the date of publication of this notice.\11\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than seven days after the deadline for filing case briefs.\12\ 
Parties who submit case 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.\13\ Case and rebuttal briefs should be filed using 
ACCESS.\14\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\15\
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    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See 19 CFR 351.303.
    \15\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the publication of this notice in the Federal 
Register. If a request for a hearing is made, Commerce intends to hold 
the hearing at a time and date to be determined. Interested parties who 
wish to request a hearing, or to participate if one is requested, must 
submit a written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS, within 30 days after the 
date of publication of this notice. Requests should contain: (1) The 
party's name, address and telephone number; (2) the number of 
participants; and (3) a list of the issues parties intend to discuss. 
Issues raised in the hearing will be limited to those raised in the 
respective case and rebuttal briefs. Unless extended, Commerce intends 
to issue the final results of this administrative review, which will 
include the results of our analysis of all issues raised in the case 
briefs, within 120 days of publication of these preliminary results in 
the Federal Register, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\16\ 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.\17\ We intend to 
issue instructions to CBP 15 days after the publication date of the 
final results of this review.
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    \16\ See 19 CFR 351.212(b).
    \17\ 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 final results of this administrative review 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 Inmax, Region, 
and the non-selected respondents listed above will be equal to the 
weighted-average dumping margin established in the final results of 
this administrative review; (2) for merchandise exported by 
manufacturers or exporters not covered in this 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 manufacturer or exporter 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or in the less-than-fair-value investigation but the 
producer is, then 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 2.66 percent, the all-
others rate established in the less-than-fair-value investigation.\18\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \18\ See Certain Steel Nails from Malaysia: Amended Final 
Determination of Sales at Less Than Fair Value, 80 FR 34370 (June 
16, 2015).
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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 double antidumping duties.

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 351.213(h)(1).

    Dated: November 16, 2020.
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. 2020-25815 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P