[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74669-74671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25852]


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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 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 producers/exporters subject to this review made sales of subject 
merchandise at less than normal value during the period of review (POR) 
July 1, 2018 through June 30, 2019. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable November 23, 2020.

FOR FURTHER INFORMATION CONTACT: Charles Doss or Kate Sliney, 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) 482-4474 and (202) 482-2437, 
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 two respondents: (1) Prosperity 
Tieh Enterprise Co., Ltd. (Prosperity); and (2) the previously 
collapsed Yieh Phui Enterprise Co., Ltd. (YP) and Synn Co., Ltd. (Synn) 
entity (collectively, YP/Synn).\2\ On March 16, 2020, we extended the 
preliminary results of this 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 tolled all deadlines 
in administrative reviews by 60 days, thereby extending the deadline 
for these preliminary results until November 17, 2020.\5\ For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\6\ A

[[Page 74670]]

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, the complete 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 47242 (September 9, 2019).
    \2\ In the less-than-fair-value (LTFV) investigation of the AD 
order, we collapsed Prosperity, YP, and Synn and treated them as a 
single entity. See Certain Corrosion-Resistant Steel Products from 
Taiwan: Final Determination of Sales at Less Than Fair Value and 
Final Affirmative Determination of Critical Circumstances, in Part, 
81 FR 35313 (June 2, 2016) and accompanying Issues and Decision 
Memorandum (IDM) at Comment 3 (Taiwan CORE LTFV Final); unchanged in 
Certain Corrosion-Resistant Steel Products from India, Italy, the 
People's Republic of China, the Republic of Korea and Taiwan: 
Amended Final Affirmative Antidumping Determination for India and 
Taiwan, and Antidumping Duty Orders, 82 FR 48390 (July 25, 2016) 
(Order). The determination to collapse Prosperity with Synn was 
challenged by respondent parties in the investigation and was 
subject to pending litigation in Taiwan CORE LTFV Final. In the 
first antidumping duty administrative review, we determined to no 
longer collapse Prosperity with YP and Synn but we continued to 
collapse YP and Synn and treat them as a single entity. See Certain 
Corrosion-Resistant Steel Products From Taiwan: Preliminary Results 
of Antidumping Duty Administrative Review and Partial Rescission of 
Antidumping Duty Administrative Review; 2016- 2017, 83 FR 39679 
(August 10, 2018); unchanged in 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).
    \3\ See Memorandum, ``Certain Corrosion-Resistant Steel Products 
from Taiwan: Extension of Time Limit for Preliminary Results of the 
2018-2019 Antidumping Duty Administrative Review,'' dated March 16, 
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 the Preliminary 
Results of the 2018-2019 Antidumping Duty Administrative Review: 
Certain Corrosion-Resistant Steel Products from Taiwan,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order 7
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    \7\ 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, 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.

Affiliation and Collapsing

    As noted above, YP and Synn were collapsed and treated as a single 
entity for the purposes of the LTFV investigation and each of the prior 
administrative reviews of this antidumping order. As a result, we 
selected the YP/Synn entity as a single combined respondent and treated 
it as such in the pre-preliminary phase of this review. However, we 
preliminarily determine that the instant record no longer supports a 
finding that YP should be collapsed with Synn, and therefore should no 
longer be collapsed as the YP/Synn entity.\8\
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    \8\ For a further discussion of the preliminary affiliation and 
collapsing determination, see Memorandum, ``Administrative Review of 
the Antidumping Duty Order on Certain Corrosion-Resistant Steel 
Products from Taiwan: Preliminary Affiliation and Collapsing 
Memorandum for Yieh Phui Enterprise Co., Ltd. and Synn Industrial 
Co., Ltd.,'' dated concurrently with this notice (Affiliation-
Collapsing Memo).
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Preliminary Determination of No Shipments

    On September 20, 2019, Synn submitted a letter certifying that it 
had no exports or sales of subject merchandise into the United States 
during the POR.\9\ U.S. Customs and Border Protection (CBP) did not 
have any information to contradict these claims of no shipments during 
the POR.\10\ Therefore, pursuant to our preliminarily determination to 
treat YP and Synn as distinct respondents for the purposes of this 
administrative review, as discussed immediately above, we preliminarily 
determine that Synn did not have any reviewable transactions during the 
POR. Consistent with Commerce's practice, we will not rescind the 
review with respect to Synn, but rather will complete the review and 
issue instructions to CBP based on the final results.\11\
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    \9\ See Synn's Letter, ``Corrosion-Resistant Steel Products from 
Taiwan; No Shipment Certification,'' dated September 20, 2019 
(Synn's No Shipment Certification).
    \10\ See Memorandum, ``2018-2019 Administrative Review of on 
Certain Corrosion-Resistant Steel Products from Taiwan: U.S. Customs 
and Border Protection Data,'' dated November 10, 2020.
    \11\ 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, 
51307 (August 28, 2014).
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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.

Preliminary Results of the Review

    Commerce preliminarily determines the following weighted-average 
dumping margins exist for the period July 1, 2018 through June 30, 
2019:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Hoa Sen Group...........................................            1.51
Nippon Steel............................................            1.51
Prosperity Tieh Enterprise Co., Ltd.....................            0.00
Sheng Yu Steel Co., Ltd.................................            1.51
Sumikin Sales Vietnam Co., Ltd..........................            1.51
Ton Dong A Corporation..................................            1.51
Yieh Phui Enterprise Co., Ltd...........................            1.51
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.
    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), we will 
calculate importer-specific ad valorem AD assessment rates 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).\12\ 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

[[Page 74671]]

antidumping duties on entries of merchandise covered by the final 
results of this review where applicable.
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    \12\ 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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    For the companies which were not selected for individual review 
(i.e., Hoa Sen Group, Nippon Steel, Sheng Yu Steel Co., Ltd., Sumikin 
Sales Vietnam Co., Ltd., and Ton Dong A Corporation), we will assign an 
assessment rate based on the weighted-average of the cash deposit rates 
calculated for the companies selected for mandatory review (i.e., 
Prosperity and YP), excluding any which are de minimis or determined 
entirely on adverse facts available. 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.\13\
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    \13\ See section 751(a)(2)(C) of the Act.
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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 established 
in the LTFV investigation \14\ if there is no rate for the intermediate 
company(ies) involved in the transaction.\15\ We intend to issue 
instructions to CBP 15 days after publication of the final results of 
this review.
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    \14\ 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).
    \15\ 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.\16\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \16\ 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.\17\ 
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 seven days after the date for 
filing case briefs.\18\ Parties who submit case briefs or rebuttal 
briefs in this proceeding are requested to submit with the argument: 
(1) A statement of the issue, (2) a summary of the argument, and (3) a 
table of authorities.\19\ 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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    \17\ See 19 CFR 351.224(b).
    \18\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020) (collectively, Temporary Rule).
    \19\ 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.\20\ 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 at a time and location to 
be determined.\21\ Parties should confirm by telephone the date, time, 
and location of the hearing.
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    \20\ See 19 CFR 351.310(c).
    \21\ 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, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

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 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: November 17, 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. Affiliation and Collapsing
V. Preliminary Determination of No Shipments
VI. Rates for Respondents Not Selected for Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2020-25852 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P