[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41813-41815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16476]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-816]
Certain Steel Nails From Malaysia: Preliminary Results and
Partial Rescission of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
certain steel nails from Malaysia were sold in the United States at
less than normal value during the period of review, July 1, 2019,
through June 30, 2020. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable August 3, 2021.
FOR FURTHER INFORMATION CONTACT: Preston Cox, 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.
SUPPLEMENTARY INFORMATION:
Background
On September 3, 2020, Commerce published the notice of initiation
of the administrative review of the antidumping duty order on certain
steel nails from Malaysia.\1\ On October 27, 2020, Commerce selected
Region International Co., Ltd. and Region System Sdn. Bhd.
(collectively, Region) as the mandatory respondent in this
administrative review.\2\ On March 25, 2021, we extended the time limit
for completion of these preliminary results to July 30, 2021, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act).\3\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation
Notice).
\2\ See Memorandum, ``Administrative Review of Antidumping Duty
Order on Certain Steel Nails from Malaysia: Respondent Selection,''
dated October 27, 2020. Commerce has preliminarily determined to
collapse the Region companies and treat them as a single entity. For
a discussion of the collapsing criteria, see Memorandum, ``Analysis
Memorandum for Region International Co., Ltd. and Region System Sdn.
Bhd. in the Preliminary Results of the 2019/2020 Administrative
Review of the Antidumping Duty Order on Certain Steel Nails from
Malaysia,'' dated concurrently with this notice.
\3\ See Memorandum, ``Certain Steel Nails from Malaysia:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review; 2019-2020,'' dated March 25, 2021.
\4\ See Memorandum, ``Certain Steel Nails from Malaysia:
Decision Memorandum for Preliminary Results and Partial Rescission
of Antidumping Duty Administrative Review; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
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 this
administrative review, see the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
In the Initiation Notice, we initiated a review of twenty-five
companies. Subsequently, Mid Continent Steel & Wire, Inc. (the
petitioner) withdrew its request for review with respect to twenty of
these companies.\5\ No other parties had requested a review of these
companies. Thus, in response to the petitioner's timely withdrawal of
its request and pursuant to 19 CFR 351.213(d)(1), we are rescinding the
administrative review of the twenty companies listed in Appendix II to
this notice.
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\5\ See Petitioner's Letter, ``Certain Steel Nails from
Malaysia--Withdrawal of Request for Administrative Review,'' dated
September 24, 2020 (Petitioner's Withdrawal of Request for
Administrative Review).
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. The
Preliminary Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at http://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at http://enforcement.trade.gov/frn/index.html. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
Appendix I to this notice.
Rate for Non-Selected 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 preliminarily calculated a weighted-average
dumping margin for Region that was not zero, de minimis, or based on
facts available. Accordingly, we have preliminarily assigned the
weighted-average dumping margin calculated for Region as the weighted-
average dumping margin for the non-individually examined companies.
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period July 1, 2019, through June
30, 2020:
[[Page 41814]]
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Estimated
weighted-
Producer/exporter average
dumping margin
(percent)
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Region International Co., Ltd. and Region System Sdn. 1.77
Bhd....................................................
Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd \6\....... 1.77
Tag Fasteners Sdn. Bhd.................................. 1.77
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Disclosure and Public Comment
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\6\ Commerce determined to collapse, and treat as a single
entity, affiliates Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd. in
the final results of the 2018-2019 antidumping duty administrative
review of certain steel nails from Malaysia. Therefore, we are
continuing to treat these companies as a single entity for these
preliminary results. See Certain Steel Nails from Malaysia: Final
Results of the Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2018-2019, 86 FR 16322 (March 29,
2021).
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We intend to disclose the calculations performed to parties in this
administrative review within five days after public announcement of the
preliminary results in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no 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.\7\ Commerce has modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\8\ Parties who submit case briefs 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.\9\
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\7\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect).'')
\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\9\ See 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a time and date to be
determined. An electronically filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\10\
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\10\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, no later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results, Commerce shall determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries. If the weighted-average dumping margin for
Region is not zero or de minimis in the final results of this review,
we will calculate an importer-specific assessment rate on the basis of
the ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1).\11\ If Region's weighted-average dumping
margin is zero or de minimis in the final results of review, or if an
importer-specific assessment rate is zero or de minimis, Commerce will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\12\ For entries of subject merchandise during the
period of review produced by Region for which it did not know its
merchandise was destined for the United States, we will instruct CBP to
liquidate unreviewed entries.\13\
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\11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\12\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
\13\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Consistent with its recent notice,\14\ 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). The final results of this administrative review shall be
the basis for the assessment of antidumping duties on entries of
merchandise under review and for future cash deposits of estimated
antidumping duties, where applicable.
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\14\ 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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For the companies for which this review is rescinded with these
preliminary results, Commerce will instruct CBP to assess antidumping
duties on all appropriate entries at a rate equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period July 1,
2019 through June 30, 2020, in accordance with 19 CFR 351.212(c)(1)(i).
Commerce intends to issue appropriate assessment instructions directly
to CBP no earlier than 35 days after publication of this notice in the
Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register 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
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) The cash deposit rate for companies subject to this review will be
equal to the company-specific weighted-average dumping margin
established in the final results of this administrative review; (2) for
merchandise exported by a company 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 in the
completed segment for the most recent period; (3) if the exporter is
not a firm covered in this review, a prior review, or the less-than-
fair-value investigation but the producer is, then the cash deposit
rate will be the rate established in 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.\15\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\15\ 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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[[Page 41815]]
Notification to Importers
This notice 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
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: July 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II--List of Companies for Which Commerce Is Rescinding the
Administrative Review
1. Atlantic Manufacture Inc.
2. Chia Pao Metal Co., Ltd.
3. Delmar International (Vietnam) Ltd.
4. Dicha Sombrilla Co., Ltd.
5. Expeditors Vietnam Company Limited
6. Gia Linh Logistics Services Co., Ltd.
7. Global Logistics Solution Co., Ltd.
8. Jinhai Hardware Co., Ltd.
9. K-Apex Logistics (HK) Co., Limited
10. KPF Vietnam Co., Ltd.
11. KPF Vina Co., Ltd.
12. Orient Star Transport Int'l Ltd.
13. Oriental Multiple Enterprise Ltd.
14. Pudong Prime Int'l Logistics Inc.
15. Rich State, Inc.
16. Top Shipping Company Limited
17. Topy Fasteners Vietnam Co., Ltd.
18. Truong Vinh Ltd.
19. United Nail Products Co., Ltd.
20. Vina Hardwares Joint Stock Company.\16\
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\16\ See Petitioner's Withdrawal of Request for Administrative
Review.
[FR Doc. 2021-16476 Filed 8-2-21; 8:45 am]
BILLING CODE 3510-DS-P