[Federal Register Volume 86, Number 58 (Monday, March 29, 2021)]
[Notices]
[Pages 16322-16324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06383]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


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

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
steel nails from Malaysia were not sold at less than normal value 
during the period of review (POR), July 1, 2018, through June 30, 2019.

DATES: Applicable March 29, 2021.

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

SUPPLEMENTARY INFORMATION:

Background

    On November 23, 2020, Commerce published the Preliminary Results of 
the 2018-2019 administrative review of the antidumping duty order on 
certain steel nails from Malaysia.\1\ We invited interested parties to 
comment on the Preliminary Results. This review covers two mandatory 
respondents: Inmax and Region.\2\ The producers/exporters not selected 
for individual examination are listed in the ``Final Results of the 
Administrative Review'' section of this notice. For a complete 
description of the events that followed the Preliminary Results, see 
the Issues and Decision Memorandum.\3\ Commerce conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
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    \1\ See Certain Steel Nails from Malaysia: Preliminary Results 
of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2018-2019, 85 FR 74674 (November 23, 
2020) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ Commerce has determined to collapse, and treat as a single 
entity, affiliates Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd. 
(collectively, Inmax), and Region International Co. Ltd. and Region 
System Sdn. Bhd. (collectively, Region) for these final results of 
review. For a discussion of this analysis, see Preliminary Results 
PDM at 5-7.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Certain Steel Nails from Malaysia; 2018-2019,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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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 of the 
order, see the Issues and Decision Memorandum.\4\
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    \4\ See Issues and Decision Memorandum at 2-4.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are discussed in the Issues and Decision Memorandum. A list 
of topics included in the Issues and Decision Memorandum is included in 
the appendix to this notice. 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/.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Astrotech 
Steels Private Limited (Astrotech), Trinity Steel Private Limited 
(Trinity), and Jinhai Hardware Co. Ltd. (Jinhai) made no shipments of 
the subject merchandise to the United States during the POR. No parties 
commented on this determination. Therefore, for the final results of 
review, we continue to find that these companies made no shipments of 
subject merchandise to the United States during the POR. Consistent 
with our practice, we will issue appropriate instructions to U.S. 
Customs and Border Protection (CBP) based on our final results.

Changes Since the Preliminary Results

    Based on a review of the record and our analysis of the comments 
received from interested parties regarding our Preliminary Results, we 
made certain changes to the preliminary margin calculations for Inmax. 
For a complete discussion of these changes, see the Issues and Decision 
Memorandum.\5\
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    \5\ See Issues and Decision Memorandum at 4; see also 
Memorandum, ``Analysis Memorandum for Inmax Sdn. Bhd. and Inmax 
Industries Sdn. Bhd. in the Final Results of the 2018/2019 
Administrative Review of the Antidumping Duty Order on Certain Steel 
Nails from Malaysia,'' dated concurrently with this notice.
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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

[[Page 16323]]

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 
examined, excluding any margins that are zero or de minimis margins, 
and any margins determined entirely {on the basis of facts 
available{time} .''
    For these final results, we have calculated weighted-average 
dumping margins for Inmax and Region that are zero or de minimis, and 
we have not calculated any margins which are not zero, de minimis, or 
determined entirely on the basis of facts available. Accordingly, we 
have assigned to the companies not individually examined a margin of 
zero percent.

Final Results of the Administrative Review

    Commerce determines that the following estimated weighted-average 
dumping margins exist during the POR:

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

Disclosure of Calculations

    Commerce intends to disclose the calculations performed for these 
final results within five days of the date of publication of this 
notice in the Federal Register to parties in this proceeding, in 
accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review. Because we calculated 
margins for Inmax and Region which are zero or de minimis in the final 
results of this review, we intend to instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
    Further, because we find in these final results that Astrotech, 
Trinity, and Jinhai had no shipments of subject merchandise during the 
POR, we will instruct CBP to liquidate such unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transactions.\6\
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    \6\ 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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    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results for which the reviewed companies did not know that the 
merchandise they sold to the intermediary (e.g., a reseller, trading 
company, or exporter) was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.\7\
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    \7\ Id.
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    Consistent with its recent notice,\8\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \8\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of these final results 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) of the 
Act: (1) The cash deposit rate for the respondents (or non-selected 
companies) noted above will be equal to the weighted-average dumping 
margin established in the final results of this review; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior segment of this 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 
company 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, 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 producers or exporters will continue to 
be 2.66 percent, the all-others rate established in the less-than-fair-
value investigation.\9\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \9\ 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 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 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (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 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

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221.


[[Page 16324]]


    Dated: March 22, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

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. Discussion of the Issues
    Comment 1: Interest Income Offset
    Comment 2: Programming Errors
    Comment 3: Scrap Offset
    Comment 4: Labor Costs
VI. Recommendation

[FR Doc. 2021-06383 Filed 3-26-21; 8:45 am]
BILLING CODE 3510-DS-P