[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61139-61140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24266]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-854]


Certain Steel Nails From Taiwan: Final Determination of No 
Shipments in the Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that Create 
Trading Co., Ltd. (Create Trading), the sole company under review, made 
no shipments of certain steel nails from Taiwan during the period of 
review (POR), July 1, 2019, to June 30, 2020.

DATES: Applicable November 5, 2021.

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 Determination of the 
administrative review of certain steel nails from Taiwan on June 9, 
2021.\1\ The review covers one company, Create Trading Co., Ltd., which 
filed a statement of no sales.\2\
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    \1\ See Certain Steel Nails from Taiwan: Preliminary 
Determination of No Shipments in the Antidumping Duty Administrative 
Review; 2019-2020, 86 FR 30590 (June 9, 2021) (Preliminary 
Determination).
    \2\ See Create Trading's Letter, ``Statement of No Sales to the 
United States,'' dated September 21, 2020. Specifically, Create 
Trading certified that all of its exports of subject merchandise 
were produced by unaffiliated producers that had knowledge of final 
destination to the United States at the time of sale to Create 
Trading, and thus, Create Trading certified that it has no 
reviewable sales for this POR.
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Scope of the Order \3\
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    \3\ 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 from 
Taiwan. The certain steel nails subject to the Order are currently 
classifiable under Harmonized Tariff Schedule of the United States 
(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.\4\
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    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination of No Shipments in the Antidumping Duty 
Administrative Review: Certain Steel Nails from Taiwan; 2019-2020,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).

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[[Page 61140]]

Analysis of Comments Received

    In the Issues and Decision Memorandum, we address the sole issue 
raised in the case and rebuttal briefs submitted by interested parties. 
In the appendix to this notice, we provide a list of the topics 
discussed in the accompanying Issues and Decision Memorandum. 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination of No Shipments

    In the Preliminary Determination, Commerce determined that Create 
Trading had no shipments of subject merchandise during the POR.\5\ As 
we have not received any information to contradict this determination, 
we continue to find that Create Trading had no shipments during the 
POR.
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    \5\ See Preliminary Determination, 86 FR at 30591.
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Assessment Rates

    As discussed in the Preliminary Determination,\6\ consistent with 
our reseller policy, we find it appropriate in this case to instruct 
U.S. Customs and Border Protection (CBP) to liquidate any existing 
entries of subject merchandise produced by Create Trading's 
unaffiliated producers and attributed to Create Trading at the rate 
applicable to the producer(s).\7\ Because none of the producer(s) have 
their own rates, we will instruct CBP to liquidate entries at the all-
others rate from the investigation, as revised, of 2.16 percent,\8\ in 
accordance with the reseller policy.\9\
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    \6\ Id.
    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment of Antidumping Duties).
    \8\ 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) (Amended LTFV Final).
    \9\ See Assessment of Antidumping Duties.
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    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).

Cash Deposit Requirements

    The following cash deposit requirements will be in effect 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)(C) of the Act: (1) For merchandise exported by manufacturers 
or exporters 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 for the most recently-completed 
segment; (2) if the exporter is not a firm covered in a prior review, 
or the original investigation, but the manufacturer is, then the cash 
deposit rate will be the rate established for the most recently 
completed segment for the manufacturer of the merchandise; and (3) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 2.16 percent, the all-others cash deposit rate 
established in the Amended LTFV Final. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    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 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 1, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Discussion of the Issue
    Comment: Whether to Publicly Disclose the Names of Create 
Trading's Unaffiliated Suppliers
V. Recommendation

[FR Doc. 2021-24266 Filed 11-4-21; 8:45 am]
BILLING CODE 3510-DS-P