[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47704-47706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16643]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-874]


Certain Steel Nails From the Republic of Korea: Preliminary 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Daejin Steel Company (Daejin) and Korea Wire Co., Ltd. 
(KOWIRE), the producers and/or exporters subject to this administrative 
review, made sales of certain steel nails (steel nails) from the 
Republic of Korea (Korea) at less than normal value (NV) during the 
period of review (POR) July 1, 2020, through June 30, 2021.

DATES: Applicable August 4, 2022.

FOR FURTHER INFORMATION CONTACT: Eva Kim and Reginald Anadio, 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 or (202) 482-3166, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 13, 2015, Commerce published the Order in the Federal 
Register.\1\ On July 1, 2021, we published a notice of opportunity to 
request an administrative review of the Order.\2\ On September 7, 2021, 
based on timely requests for review, in accordance with section 751(a) 
of the Tariff Act of 1930, as amended (the Act), we initiated an 
administrative review of the Order on steel nails from Korea covering 
the following individually-examined companies: Daejin and KOWIRE.\3\ On 
March 11, 2022, pursuant to section 751(a)(3)(A) of the Act, Commerce 
extended the preliminary results of this review to no later than July 
29, 2022.\4\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\
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    \1\ 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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 86 FR 35065 (July 1, 2021).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034 (September 7, 2021).
    \4\ See Memorandum, ``Certain Steel Nails from the Republic of 
Korea: Extension of Deadline for Preliminary Results of the 2020-
2021 Antidumping Duty Administrative Review,'' dated March 11, 2022.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Steel Nails from the Republic of Korea; 2020-2021,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. On 
July 29, 2021, Mid Continent Steel & Wire, Inc. (the petitioner) 
requested an administrative review of 213 producers and/or exporters, 
including Daejin and KOWIRE. On September 21, 2021, the petitioner 
timely withdrew its request for 209 of the 213 companies.\6\
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    \6\ See Petitioner's Letter, ``Certain Steel Nails from Korea--
Withdrawal of Review Request,'' dated September 21, 2021.
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    Because all requests for administrative review of the 209 companies 
were timely withdrawn, and no other parties requested review of these 
companies, Commerce is rescinding this review, in part, with respect to 
these 209 companies. On October 5, 2021, based on U.S. Customs and 
Border Protection (CBP) data, we selected Daejin and KOWIRE as the 
mandatory respondents in this administrative review.\7\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.
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    \7\ See Memorandum, ``2020-2021 Administrative Review of the 
Antidumping Duty Order on Certain Steel Nails from the Republic of 
Korea: Respondent Selection,'' dated October 5, 2021.
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Scope of the Order

    The merchandise subject to the Order is steel nails from Korea. For 
a complete description of the scope of the Order, see Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. Export price is calculated in 
accordance with section 772 of the Act. NV is calculated in accordance 
with section 773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as the appendix to this notice. The Preliminary 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 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx/.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for the period July 1, 
2020, through June 30, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Daejin Steel Company........................................        4.38
Korea Wire Co., Ltd.........................................        0.75
Je-il Wire Production Co., Ltd..............................        2.57
Koram Inc...................................................        2.57
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\8\ Interested 
parties may submit case briefs to Commerce no later than 30 days after

[[Page 47705]]

the date of publication of this notice.\9\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the deadline for filing case briefs.\10\ 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.\11\ Case and rebuttal 
briefs should be filed using ACCESS.\12\
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ See 19 CFR 351.303.
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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 within 30 days after the date of publication of this notice.\13\ 
Hearing 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. Oral presentations at the hearing will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, parties will be notified of the time and date for the 
hearing.\14\ An electronically-filed document must be received 
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the 
established deadline.
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    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of these preliminary results, unless otherwise extended.\15\
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    \15\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h).
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\16\ For the companies for which we have rescinded this 
review, Commerce intends to instruct CBP to assess antidumping duties 
on all appropriate entries at a rate equal to the cash deposit rate of 
estimated antidumping duties required at the time of entry, or 
withdrawn from warehouse, for consumption, during the POR, in 
accordance with 19 CFR 351.212(c)(1)(i).
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    \16\ See 19 CFR 351.212(b)(1).
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    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 the sales for which entered value was reported. 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 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. 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.\17\
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    \17\ See section 751(a)(2)(C) of the Act.
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    For the companies (i.e., Je-il Wire Production Co., Ltd and Koram 
Inc.) that were not selected for individual examination, we will 
instruct CBP to assess antidumping duties at an ad valorem rate equal 
to the companies' weighted-average dumping margins determined in the 
final results of this review.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by companies included in 
these preliminary results of review for which the reviewed companies 
did not know that the merchandise it 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.\18\
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    \18\ 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 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 deposit requirements will be effective 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) the cash deposit rate for the companies 
listed above will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
less than 0.50 percent and, therefore, de minimis within the meaning of 
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 
(2) for previously reviewed or investigated companies not covered in 
this review, the cash deposit rate will continue to be the company-
specific cash deposit rate published for the most recently completed 
segment in which the company was reviewed; (3) if the exporter is not a 
firm covered in this review, a prior review, or the original less-than-
fair-value (LTFV) investigation, but the producer is, then the cash 
deposit rate will be the cash deposit rate established for the most 
recently completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 11.80 percent, the all-others rate 
established in the LTFV investigation.\19\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \19\ 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).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4) and 351.213(d)(4).

    Dated: July 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background

[[Page 47706]]

III. Scope of the Order
IV. Rescission of Review, In Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2022-16643 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-DS-P