[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Pages 3079-3080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01038]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-874]
Certain Steel Nails From the Republic of Korea: Final Results of
Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR), July 1, 2019, through June 30, 2020.
DATES: Applicable January 20, 2022.
FOR FURTHER INFORMATION CONTACT: Eva Kim, AD/CVD Operations, Office IV,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-8283.
SUPPLEMENTARY INFORMATION:
Background
On July 19, 2021, Commerce published the preliminary results of the
2019-2020 administrative review of the antidumping duty (AD) order on
certain steel nails from the Republic of Korea (Korea).\1\ We invited
interested parties to comment on the Preliminary Results. A full
description of the events since the Preliminary Results is contained in
the Issues and Decision Memorandum.\2\ Commerce conducted this review
in accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Certain Steel Nails from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 38015 (July 19, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review: Certain
Steel Nails from the Republic of Korea; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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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 products covered by the AD Order are steel nails from Korea. A
full description of the scope of the Order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the 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.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made no
changes to the margin calculation for the sole mandatory respondent,
Daejin Steel Company (Daejin), since the Preliminary Results.
Rate for Non-Examined Company
Generally, when calculating margins for non-selected respondents,
Commerce looks to section 735(c)(5) of the Act for guidance, which
provides instructions for calculating the all- others margin in an
investigation. Section 735(c)(5)(A) of the Act provides that when
calculating the all-others margin, Commerce will exclude any zero and
de minimis weighted average dumping margins, as well as any weighted-
average dumping margins based on total facts available. Accordingly,
Commerce's usual practice has been to average the margins for selected
respondents, excluding margins that are zero, de minimis, or based
entirely on facts available. In this review, we calculated a weighted-
average dumping margin of 3.22 percent for Daejin, the sole mandatory
respondent. In accordance with section 735(c)(5)(A) of the Act,
Commerce assigned Daejin's calculated weighted-average dumping margin,
i.e., 3.22 percent, to the non-selected company in these final results.
Accordingly, we have applied a rate of 3.22 percent to the non-selected
company, i.e., Koram Inc.
Final Results of Administrative Review
Commerce determines that the following weighted-average dumping
margins exist for the period July 1, 2019, through June 30, 2020:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
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Daejin Steel Company........................................ 3.22
[[Page 3080]]
Koram Inc................................................... 3.22
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Disclosure
Commerce intends to disclose the calculations performed for these
final results within five days of the date of publication of this
notice, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) the Act and 19 CFR 351.212(b)(1),
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review. We
intend to calculate importer- (or customer-) specific assessment rates
on the basis of the ratio of the total amount of antidumping duties
calculated for each importer (or customer's) examined sales and the
total entered value of the sales in accordance with 19 CFR
351.212(b)(1). Where an importer- (or customer-) specific rate is zero
or de minimis within the meaning of 19 CFR 351.106(c)(1), we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review 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.\4\
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\4\ 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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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 duties, where
applicable. 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 effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of these final
results, as provided by section 751(a)(2)(C) of the Act: (1) The cash
deposit rate for the companies under review will be equal to the
weighted-average dumping margin listed above in the ``Final Results of
Review'' section; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a previously
completed segment of this proceeding, the cash deposit rate will
continue to be the company-specific rate published in the final results
for the most recent period in which that producer or exporter
participated; (3) if the exporter is not a firm covered in this review
or in any previous segment of this proceeding, but the producer is,
then the cash deposit rate will be that established for the producer of
the merchandise in these final results of review or in the final
results for the most recent period in which that producer participated;
and (4) if neither the exporter nor the producer is a firm covered in
this review or in any previously completed segment of this proceeding,
then the cash deposit rate will be 11.80 percent ad valorem, the all-
others rate established in the less than fair value investigation.\5\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\5\ See Order, 80 FR at 39996.
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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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of the antidumping duties occurred and the subsequent assessment of
doubled antidumping duties.
Notification Regarding Administrative Protective Order
This notice is the only reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the 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 or
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 violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results and this notice
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h).
Dated: January 12, 2022.
Lisa W. Wang,
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 Issues
Comment 1: Whether Commerce Should Reallocate Certain Common
Expenses from General and Administrative (G&A) Expenses
Comment 2: Whether Daejin Failed to Report Product-Specific Cost
Comment 3: Whether Commerce Should Adjust Differential Pricing
Method
V. Recommendation
[FR Doc. 2022-01038 Filed 1-19-22; 8:45 am]
BILLING CODE 3510-DS-P