[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Notices]
[Pages 76014-76016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26231]
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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 Final Determination of No Shipments;
2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
steel nails from Taiwan were sold in the United States at less than
normal value during the period of review (POR), July 1, 2018 through
June 30, 2019.
DATES: Applicable November 27, 2020.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, 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.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on April 6, 2020.\1\ On
April 24, 2020, Commerce tolled all deadlines in administrative reviews
by 50 days.\2\ On July 21, 2020, Commerce tolled all deadlines in
administrative reviews by an additional 60 days.\3\ The deadline for
the final results of this review is now November 23, 2020.
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\1\ See Certain Steel Nails from Taiwan: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2018-2019, 85 FR 19138 (April 6, 2020) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ 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.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order \4\
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\4\ 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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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,
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.\5\
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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review: Certain
Steel Nails from Taiwan; 2018-2019'' dated concurrently with, and
hereby adopted by, this notice.
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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. 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.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made no changes to our Preliminary Results, with
the exception of the cash deposit and assessment instructions regarding
suspended subject merchandise entries exported by
[[Page 76015]]
Quick Advance, Inc., and produced by Ko's Nail, Inc., as discussed in
the Issues and Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Astrotech
Steels Private Limited, Jinhai Hardware Co., Ltd., Region International
Co., Ltd., Region Industries, and Region System Sdn Bhd. had no
shipments during the POR.\6\ As we have not received any information to
contradict this determination, consistent with our practice, we will
instruct U.S. Customs and Border Protection (CBP) to liquidate any
existing entries of subject merchandise produced by these five
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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\6\ See Preliminary Results, 85 FR at 19139.
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Final Determination of No Reviewable Sales
In the Preliminary Results, Commerce determined that Create Trading
Co., Ltd. (Create Trading) had no reviewable sales during the POR.\7\
As we have not received any information to contradict this
determination, we continue to find that Create Trading had no
reviewable sales of subject merchandise during the POR. As discussed
further in the ``Assessment Rates'' section below, we will instruct CBP
to liquidate any existing entries of merchandise produced by Create
Trading's unaffiliated producers and exported by Create Trading at the
rate applicable to the unaffiliated producers, i.e., the all-others
rate.\8\
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\7\ Id.
\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954, 23954 (May 6, 2003)
(Assessment of Antidumping Duties); see also Certain Pasta from
Turkey: Notice of Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 23974, 23977 (April 29, 2011),
unchanged in Pasta from Turkey: Notice of Final Results of the 14th
Antidumping Duty Administrative Review, 76 FR 68399 (November 4,
2011).
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Rate for Non-Selected Companies
As we stated in the Preliminary Results, in accordance with the
U.S. Court of Appeals for the Federal Circuit's decision in
Albemarle,\9\ we are applying a rate based on the simple average of the
individual rates applied to Bonuts Hardware Logistics Co., LLC (Bonuts)
and Pro-Team Coil Nail Enterprise, Inc. (PT) in this administrative
review (i.e., 78.17 percent) to the companies not selected for
individual examination. Commerce has addressed arguments from various
interested parties regarding our preliminary determination and, for the
final results, the determination remains unchanged, as discussed in the
Issues and Decision Memorandum.
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\9\ See Preliminary Results, 85 FR at 19139 (citing Albemarle
Corp. v. United States, 821 F. 3d 1345 (Fed. Cir. 2016)
(Albemarle)).
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Final Results of the Administrative Review
We have determined the following dumping margins for the firms
listed below for the period July 1, 2018 through June 30, 2019:
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\10\ As stated in the Issues and Decision Memorandum and in this
notice, this rate does not apply to entries of subject merchandise
exported by Quick Advance Inc. and produced by Ko's Nail Inc. This
exporter-producer channel of sales is excluded from the Order. See
Order, 80 FR at 39996.
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Dumping
Exporter/producer margin
(percent)
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Bonuts Hardware Logistics Co., LLC.......................... 78.17
PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc...... 78.17
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Review-Specific Average Rate Applicable to Companies Under Review Not
Selected for Individual Examination (percent)..........................
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See Appendix II for the 75 companies under review subject to 78.17
the review-specific average rate \10\......................
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine,
and CBP shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review. For these final results, we will instruct CBP to apply an ad
valorem assessment rate of 78.17 percent to all entries of subject
merchandise during the POR which were produced and/or exported by
mandatory respondents, Bonuts and PT, and the companies which were not
selected for individual examination.
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.\11\
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\11\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010). 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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We determined that Create Trading was not the first party in the
transaction chain to have knowledge that the merchandise was destined
for the United States, and thus Create Trading is not considered the
exporter of subject merchandise during the POR for purposes of this
review. In our May 6, 2003, ``automatic assessment'' clarification, we
explained that, where respondents in an administrative review
demonstrate that they had no knowledge of sales through resellers to
the United States, we would instruct CBP to liquidate such entries at
the all-others rate applicable to the proceeding. Here, Commerce finds
that Create Trading had no shipments of subject merchandise to the
United States during the POR for which it was the first party with
knowledge of U.S. destination. Because ``as entered'' liquidation
instructions do not alleviate the concerns which the May 2003
clarification was intended to address, we find it appropriate in this
case to instruct CBP to liquidate any existing entries of merchandise
produced by Create Trading's unaffiliated producers and exported by
Create Trading.
Finally, based on the Final Determination of the underlying
investigation and Order,\12\ no suspension of liquidation is required
for entries of subject merchandise exported by Quick Advance, Inc. and
produced by Ko's Nail, Inc. because the estimated weighted-average
final dumping margin calculated for this transaction channel was zero.
Commerce calculated its dumping margin during the investigation based
on sales of Quick Advance, Inc. that were produced by Ko's Nail, Inc.
Therefore, Quick Advance Inc.'s exclusion from antidumping duty
liability and any cash deposit requirement pertains only to the
channel(s) of sales that were examined by Commerce in the
investigation. Therefore, for any subject merchandise exported by Quick
Advance, Inc. that was produced by Ko's Nail, Inc. during the POR, we
will instruct CBP to liquidate those POR entries, pertaining to the
above-noted channel of sales, without regard to antidumping duties.
However, for any entries of subject merchandise exported by Quick
Advance Inc., and produced by companies other than Ko's Nail Inc., or
produced by Ko's Nail Inc., and exported by companies other than
[[Page 76016]]
Quick Advance Inc., the assessment rate will be 78.17 percent.
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\12\ See Certain Steel Nails From Taiwan: Final Determination of
Sales at Less Than Fair Value, 80 FR 28959, 28961 (May 20, 2015)
(Final Determination); see also Order, 80 FR at 39996.
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We intend to issue liquidation instructions to CBP 15 days after
the date of publication of this notice.
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 the less-than-fair-
value investigation.\13\
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\13\ 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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As noted above, no cash deposits are required for entries exported
by Quick Advance, Inc. and produced by Ko's Nail, Inc. However, for any
entries of subject merchandise exported by Quick Advance, Inc. and
produced by companies other than Ko'sNail, Inc. or produced by Ko's
Nail, Inc. and exported by companies other than Quick Advance, Inc.,
the cash deposit requirements in the above paragraph will apply. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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: November 20, 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. Discussion of the Issues
Comment 1: Commerce's Calculation of the Review-Specific Rate
for Non-Examined Companies
Comment 2: Quick Advance Inc. and Ko's Nail Inc. Exclusion From
the Order
V. Recommendation
Appendix II--List of Companies Under Review Not Selected for Individual
Examination
1. All Precision Co., Ltd.
2. Aplus Pneumatic Corp.
3. Basso Industry Corporation
4. Challenge Industrial Co., Ltd.
5. Cheng Ch International Co. Ltd.
6. Chia Pao Metal Co. Ltd.
7. China Staple Enterprise Corporation
8. Chite Enterprises Co., Ltd.
9. Crown Run Industrial Corp.
10. Da Yong Enterprise Co., Ltd.
11. Daejin Steel Company Ltd.
12. De Fasteners Inc.
13. Dragon Iron Factory Co., Ltd.
14. Easylink Industrial Co., Ltd.
15. ECI Taiwan Co., Ltd.
16. Encore Green Co., Ltd.
17. Faithful Engineering Products Co. Ltd.
18. Fastenal Asia Pacific Ltd.
19. Four Winds Corporation
20. Gaun Ting Technology Co., Ltd.
21. General Merchandise Consolidators
22. Ginfa World Co. Ltd.
23. Gloex Inc.
24. Home Value Co., Ltd.
25. Hor Liang Industrial Corp.
26. Hoyi Plus Co., Ltd.
27. Integral Building Products Inc.
28. Interactive Corp.
29. J C Grand Corporation
30. Jade Shuttle Enterprise Co., Ltd.
31. Jau Yeou Industry Co., Ltd.
32. Jen Ju Enterprise Co., Ltd.
33. Jet Crown International Co., Ltd.
34. Jiajue Industrial Co. Ltd.
35. Jinsco International Corp.
36. Ko's Nail Inc.\14\
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\14\ Where Quick Advance Inc. is the exporter and Ko's Nail Inc.
is the producer, suspension of liquidation is not required.
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37. Korea Wire Co., Ltd.
38. Liang Chyuan Industrial Co., Ltd.
39. Linkwell Industry Co., Ltd.
40. Locksure Inc.
41. Long Ngyuen Trading & Service Co.
42. Lu Kang Hand Tools Industrial Co., Ltd. (Prommer)
43. Master United Corp.
44. Maytrans International Corp.
45. Ming Cheng Hardware Co., Ltd.
46. Nailermate Enterprise Corporation
47. Nailtech Co., Ltd.
48. Newrex Screw Corporation
49. NS International Ltd.
50. Panther T&H Industry Co.
51. Patek Tool Co., Ltd.
52. Point Edge Corp.
53. President Industrial Inc.
54. Quick Advance Inc.\15\
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\15\ Where Quick Advance Inc. is the exporter and Ko's Nail Inc.
is the producer, suspension of liquidation is not required.
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55. Romp Coil Nail Industries Inc.
56. Shinn Chuen Corp.
57. Six-2 Fastener Imports Inc.
58. Taiwan Shan Yin Int'l Co. Ltd.
59. Taiwan Wakisangyo Co. Ltd.
60. Techart Mechanical Corporation
61. Test-Rite Int'l Co., Ltd.
62. Theps Co., Ltd.
63. Trans-Top Enterprise Co., Ltd.
64. Trim International Inc.
65. U-Can-Do Hardware Corp.
66. UJL Industries Co., Ltd.
67. Unicatch Industrial Co. Ltd.
68. VIM International Enterprise Co., Ltd.
69. Wattson Fastener Group Inc.
70. Wictory Co. Ltd.
71. Yeh Fong Hsin
72. Yehdyi Enterprise Co., Ltd.
73. Yu Chi Hardware Co., Ltd.
74. Zhishan Xing Enterprise Co., Ltd.
75. Zon Mon Co. Ltd.
[FR Doc. 2020-26231 Filed 11-25-20; 8:45 am]
BILLING CODE 3510-DS-P