[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.

------------------------------------------------------------------------
                                                                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