[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7106-7108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02640]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-856]


Certain Corrosion-Resistant Steel Products From Taiwan: Final 
Results of the Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that 
producers/exporters subject to this review made sales of subject 
merchandise at less than normal value (NV) during the period of review 
(POR) July 1, 2019, through June 30, 2020. We further determine that 
Synn Co., Ltd. (Synn) had no shipments of subject merchandise during 
the POR.

DATES: Applicable February 8, 2022.

FOR FURTHER INFORMATION CONTACT: Kate Sliney or Matthew Palmer, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2437 or (202) 482-1678, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 6, 2021, Commerce published the Preliminary Results for 
this administrative review.\1\ We invited interested parties to comment 
on the Preliminary Results. This review covers two mandatory 
respondents: Prosperity Tieh Enterprise Co., Ltd. (Prosperity) and Yieh 
Phui Enterprise Co., Ltd. (Yieh Phui).\2\ We received case briefs from 
AK Steel Corporation, California Steel Industries, and Steel Dynamics, 
Inc. (collectively, the petitioners), Yieh Phui, and Prosperity.\3\ We 
received rebuttal briefs from Yieh Phui and the petitioners.\4\ On 
November 19, 2021, we extended the deadline for the final results of 
this review to February 2, 2022.\5\ A complete summary of the events 
that occurred since publication of the Preliminary Results is found in

[[Page 7107]]

the Issues and Decision Memorandum.\6\ Commerce conducted this review 
in accordance with section 751 of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See Certain Corrosion-Resistant Steel Products from Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2019-2020, 86 FR 43185 
(August 6, 2021) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ In the less-than-fair-value (LTFV) investigation of the AD 
order, we collapsed Prosperity, Yieh Phui, and Synn and treated them 
as a single entity. See Certain Corrosion-Resistant Steel Products 
from Taiwan: Final Determination of Sales at Less Than Fair Value 
and Final Affirmative Determination of Critical Circumstances, in 
Part, 81 FR 35313 (June 2, 2016), and accompanying Issues and 
Decision Memorandum at Comment 3 (Taiwan CORE LTFV Final), unchanged 
in Certain Corrosion-Resistant Steel Products from India, Italy, the 
People's Republic of China, the Republic of Korea and Taiwan: 
Amended Final Affirmative Antidumping Determination for India and 
Taiwan, and Antidumping Duty Orders, 82 FR 48390 (July 25, 2016) 
(Order). In the first administrative review, we determined to no 
longer collapse Prosperity with YP and Synn, but we continued to 
collapse YP and Synn and treated them as a single entity. See 
Certain Corrosion-Resistant Steel Products from Taiwan: Preliminary 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review; 2016-2017, 83 
FR 39679 (August 10, 2018), unchanged in Certain Corrosion-Resistant 
Steel Products from Taiwan: Final Results of Antidumping Duty 
Administrative Review; 2016-2017, 83 FR 64527 (December 17, 2018), 
amended by Certain Corrosion-Resistant Steel Products from Taiwan: 
Amended Final Results of Antidumping Duty Administrative Review; 
2016-2017, 84 FR 5991 (February 25, 2019). We selected the YP/Synn 
entity as a single combined respondent and treated it as such in the 
pre-preliminary phase of this review. Subsequently, in the 
immediately preceding administrative review of this case, we 
determined that YP and Synn should no longer be collapsed. See 
Certain Corrosion-Resistant Steel Products from Taiwan: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2018-2019, 85 FR 74669 (November 23, 
2020), unchanged in Certain Corrosion-Resistant Steel Products from 
Taiwan: Final Results of the Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2018-2019, 86 FR 28554 (May 
27, 2021). As the instant record mirrors that of the preceding 
review with respect to this issue, and we have received no comments 
contesting the determination not to collapse the YP/Synn entity, we 
continue to determine that YP and Synn should not be collapsed in 
this review.
    \3\ See Petitioners' Letter, ``Certain Corrosion-Resistant Steel 
Products from Taiwan: Petitioners' Case Brief'' dated December 8, 
2021 (Petitioners' Case Brief); Yieh Phui's Letter, ``Corrosion-
Resistant Steel Products from Taiwan; Case Brief,'' dated December 
8, 2021 (Yieh Phui's Case Brief); and Prosperity's Letter, ``Certain 
Corrosion-Resistant Steel Products from Taiwan, Case No. A-583- 856: 
Prosperity Tieh's Case Brief,'' dated December 8, 2021 (Prosperity's 
Case Brief).
    \4\ See Yieh Phui's Letter, ``Corrosion-Resistant Steel Products 
from Taiwan; Rebuttal Brief,'' dated December 15, 2021; see also 
Petitioners' Letter, ``Certain Corrosion-Resistant Steel Products 
from Taiwan: Petitioners' Rebuttal Brief,'' dated December 15, 2021 
(Petitioners' Rebuttal Brief).
    \5\ See Memorandum, ``Certain Corrosion-Resistant Steel Products 
from Taiwan: Extension of Time Limit for the Final Results of 
Antidumping Duty Administrative Review, 2019-2020,'' dated November 
19, 2021.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019-2020 Antidumping Duty Administrative 
Review: Certain Corrosion-Resistant Steel Products from Taiwan,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order

    The product covered by the Order is flat-rolled steel products, 
either clad, plated, or coated with corrosion-resistant metals such as 
zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, 
whether or not corrugated or painted, varnished, laminated, or coated 
with plastics or other non-metallic substances in addition to the 
metallic coating. The subject merchandise is currently classifiable 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 
7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000, 7210.70.6030, 
7210.70.6060, 7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000, 
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 
7212.40.5000, 7212.50.0000, and 7212.60.0000. The products subject to 
the orders may also enter under the following HTSUS item numbers: 
7210.90.1000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500, 
7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 
7217.90.5090, 7225.91.0000, 7225.92.0000, 7225.99.0090, 7226.99.0110, 
7226.99.0130, 7226.99.0180, 7228.60.6000, 7228.60.8000, and 
7229.90.1000. The HTSUS subheadings above are provided for convenience 
and customs purposes only. The written description of the scope of the 
Order is dispositive.\7\
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    \7\ For the full text of the scope of the Order, see the Issues 
and Decision Memorandum.
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Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the Issues and Decision Memorandum.\8\ A 
list of the issues which parties raised, and to which we respond in the 
Issues and Decision Memorandum, is attached 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 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.
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    \8\ See Issues and Decision Memorandum.
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Changes Since the Preliminary Results

    Based on a review of the record and analysis of the comments 
received from interested parties, we made no changes to the preliminary 
weighted-average margin calculation for Prosperity, and we made two 
changes to the preliminary weighted-average margin calculation for Yieh 
Phui. For detailed information, see the Issues and Decision Memorandum.

Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
Synn made no shipments of subject merchandise during the POR.\9\ As we 
have not received any information to contradict this determination, nor 
comment in opposition to our preliminary finding, we continue to 
determine that Synn made no shipments of subject merchandise during the 
POR. Consistent with our practice, we will instruct U.S. Customs and 
Border Protection (CBP) to liquidate any existing entries of subject 
merchandise produced by Synn, but exported by other parties, at the 
rate for the intermediate reseller, if available, or at the all-others 
rate.
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    \9\ See Preliminary Results, 86 FR 43185-86.
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Rate for Respondent Not Selected for Individual Examination

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to individual respondents not 
selected for 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 an 
investigation, for guidance when calculating the rate for respondents 
which we did not examine in an administrative review. Section 
735(c)(5)(A) of the Act establishes a preference to avoid using rates 
which are zero, de minimis, or based entirely on facts available (FA) 
in calculating an all others rate. Accordingly, Commerce's practice in 
administrative reviews has been to average the weighted-average dumping 
margins for the companies selected for individual examination in the 
administrative review, excluding rates that are zero, de minimis, or 
based entirely on FA.\10\ For these final results of review, we 
calculated a weighted-average dumping margin for both mandatory 
respondents which is not zero, de minimis, or determined entirely on 
the basis of FA.\11\ Accordingly, Commerce assigns to the company not 
examined in this review (i.e., Sheng Yu Steel Co., Ltd.) a dumping 
margin of 3.10 percent, which is the weighted average of the dumping 
margins calculated using the public ranged sales data of Prosperity and 
Yieh Phui.
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    \10\ See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews and Rescission of Reviews in 
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying 
Issues and Decision Memorandum at Comment 16.
    \11\ In the case of two mandatory respondents, our practice is 
to calculate: (A) A weighted average of the dumping margins 
calculated for the mandatory respondents; (B) a simple average of 
the dumping margins calculated for the mandatory respondents; and 
(C) a weighted average of the dumping margins calculated for the 
mandatory respondents using each company's publicly ranged values 
for the merchandise under consideration. We compare (B) and (C) to 
(A) and select the rate closest to (A) as the most appropriate rate 
for all other companies. See Certain Crystalline Silicon 
Photovoltaic Products from Taiwan: Final Results of Antidumping Duty 
Administrative Review; 2014-2016, 82 FR 31555, 31556 (July 7, 2017). 
We have applied that practice here. See Memorandum, ``2019-2020 
Antidumping Duty Administrative Review of Certain Corrosion-
Resistant Steel Products from Taiwan: Calculation of All-Others' 
Rate in Final Results,'' dated concurrently with this notice.
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Final Results of the Administrative Review

    We determine that the following weighted-average dumping margins 
exist for the respondents for the period July 1, 2019, through June 30, 
2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Prosperity Tieh Enterprise Co., Ltd.........................        3.63
Sheng Yu Steel Co., Ltd.....................................        3.10
Yieh Phui Enterprise Co., Ltd...............................        2.05
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Disclosure

    We intend to disclose to interested parties the calculations and 
analysis performed for these final results within five days of the date 
of the publication of this notice in the Federal Register 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 will determine, and CBP shall assess, 
antidumping duties on all

[[Page 7108]]

appropriate entries of subject merchandise in accordance with the final 
results of this review. Pursuant to 19 CFR 351.212(b)(1), we calculated 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of dumping calculated for the examined sales to the 
total entered value of those sales. Where either the respondent's 
weighted-average dumping margin is zero or de minimis within the 
meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\12\ For 
entries of subject merchandise during the POR produced by the mandatory 
respondents for which they did not know their merchandise was destined 
for the United States, or for entries associated with Synn, who had no 
shipments during the POR, 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.
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    \12\ In these final results, Commerce applied the assessment 
rate calculation method adopted in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 
FR 8101 (February 14, 2012).
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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\13\
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    \13\ See section 751(a)(2)(C) of the Act.
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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 effective for all 
shipments of 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) The cash deposit rate for the companies listed above will 
be equal to the weighted-average dumping margins established in the 
final results of this administrative review; (2) for merchandise 
exported by producers or exporters not covered in this review but 
covered in a prior completed segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recent period; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation, but the 
producer has been covered in a prior complete segment of this 
proceeding, then the cash deposit rate will be the rate established for 
the most recent period for the producer of the merchandise; (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 3.66 percent,\14\ the all-others rate from the Amended 
Final Determination. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \14\ See Corrosion-Resistant Steel Products from Taiwan: Notice 
of Court Decision Not in Harmony with Final Determination of 
Antidumping Duty Investigation and Notice of Amended Final 
Determination of Investigation, 84 FR 6129 (February 26, 2019) 
(Amended Final Determination).
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Notification to Importers

    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 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 Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act, and 
19 CFR 351.221(b)(5).

    Dated: February 2, 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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Yieh Phui's Reported Cost Information is 
Reliable and Whether an Adverse Inference or Adjustment is 
Appropriate
    Comment 2: Whether To Modify the Transfer Price Cost Adjustment 
for Inputs Sourced From Yieh Phui's Affiliated Suppliers
    Comment 3: Whether To Include Various Income Items as Allowable 
Offsets in the Calculation of Yieh Phui's General and Administrative 
Expense Ratio
    Comment 4: Treatment of Section 232 Duties
VI. Recommendation

[FR Doc. 2022-02640 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P