[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 47966-47968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16821]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-856]


Certain Corrosion-Resistant Steel Products From Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that producers/exporters subject to this review made sales 
of subject merchandise at less than normal value during the period of 
review (POR) July 1, 2020, through June 30, 2021. We further 
preliminarily determine that Synn Industrial Co., Ltd. (Synn) had no 
shipments during the POR. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable August 5, 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 and (202) 482-1678, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce is conducting an administrative review of the antidumping 
duty (AD) order \1\ on certain corrosion-resistant steel products 
(CORE) from Taiwan,\2\ covering the following four exporters/producers: 
Prosperity Tieh Enterprise, Co., Ltd. (Prosperity); Sheng Yu Steel Co., 
Ltd. (SYSCO); Synn; and Yieh Phui Enterprise Co., Ltd. (YP). On March 
29, 2022, we extended the preliminary results of this review to no 
later than July 29, 2022.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 86 FR 35065, 35066 (July 1, 2021); see also 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, 81 FR 48390 (July 25, 2016) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034, 50042-43 (September 7, 2021).
    \3\ See Memorandum, ``Certain Corrosion-Resistant Steel Products 
from Taiwan: Extension of Time Limit for Preliminary Results of 
2020-2021 Antidumping Duty Administrative Review,'' dated March 29, 
2022.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics included in the Preliminary Decision Memorandum is 
included 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, the complete 
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/index.html.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020-2021 Antidumping Duty Administrative Review: 
Certain Corrosion-Resistant Steel Products from Taiwan,'' 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 Order are 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. For a full description of the scope of the Order, see 
the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    On October 7, 2021, Synn submitted a letter certifying that it had 
no exports or sales of subject merchandise into the United States 
during the POR.\5\ Currently, the record contains no information which 
contradicts Synn's claim, and we will revisit this issue following 
these preliminary results if we receive additional information from 
U.S. Customs and Border Protection (CBP). Therefore, we preliminarily 
determine that Synn did not have any reviewable transactions during the 
POR. Consistent with Commerce's practice, we will not rescind the 
review with respect to Synn, but rather will complete the review and 
issue instructions to CBP based on the final results.\6\
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    \5\ See Synn's Letter, ``Corrosion-Resistant Steel Products from 
Taiwan; No Shipment Certification,'' dated October 7, 2021.
    \6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1) and (2) of Tariff Act of 1930, as amended (the Act). Export 
price and constructed export price were calculated in accordance with 
section 772 of the Act. Normal value is calculated in accordance with 
section 773 of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.

Rate for Non-Selected Company

    For the rate for companies not selected for individual examination 
in an administrative review, generally, Commerce looks to section 
735(c)(5) of

[[Page 47967]]

the Act, which provides instructions for calculating the all-others 
rate in a less-than-fair-value (LTFV) investigation. 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 
administrative review, we calculated a weighted-average dumping margin 
each for Prosperity and YP that is not zero, de minimis, or based on 
total facts available. The weighted-average dumping margin calculated 
for SYSCO, the non-selected company, is an average of the weighted-
average dumping margins of the two mandatory respondents weighted by 
the publicly ranged U.S. sales values of the mandatory respondents.\7\
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    \7\ See Memorandum, ``Calculation of Non-Selected Rate in 
Preliminary Results,'' dated concurrently with this notice; see also 
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, 
and the United Kingdom: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
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Preliminary Results of Review

    Commerce preliminarily determines the following weighted-average 
dumping margins exist for the period July 1, 2020, through June 30, 
2021:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd.........................        6.46
Sheng Yu Steel Co., Ltd.....................................        5.83
Yieh Phui Enterprise Co., Ltd...............................        4.63
------------------------------------------------------------------------

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. For any individually examined respondents whose 
weighted-average dumping margin is above de minimis (i.e., 0.50 
percent), we will calculate importer-specific ad valorem AD assessment 
rates based on the ratio of the total amount of dumping calculated for 
the importer's examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1).\8\ We will instruct CBP 
to assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate calculated in the 
final results of this review is above de minimis (i.e., 0.50 percent). 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis, or an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to ADs. The assessment rate for ADs for SYSCO, which was 
not selected for individual examination, will be equal to the weighted-
average dumping margin identified in the final results of review. The 
final results of this review shall be the basis for the assessment of 
ADs on entries of merchandise covered by the final results of this 
review and for future deposits of estimated duties, where 
applicable.\9\
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    \8\ In these preliminary 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 Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
    \9\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by each 
respondent for which they did not know their merchandise was destined 
for the United States, or for entries associated with Synn, which had 
no shipments during the POR, we will instruct CBP to liquidate entries 
not reviewed at the all-others rate of 3.66 percent established in the 
LTFV investigation \10\ if there is no rate for the intermediate 
company(ies) involved in the transaction.\11\ We intend to issue 
assessment instructions to CBP no earlier than 35 days after 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).
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    \10\ 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).
    \11\ 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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Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of CORE from Taiwan entered, or withdrawn from warehouse, 
for consumption on or after the date of publication, as provided by 
section 751(a)(2) of the Act: (1) the cash deposit rate for each 
company listed above will be equal to the dumping margins established 
in the final results of this review except if the ultimate rates are de 
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the 
cash deposit rates will be zero; (2) for merchandise exported by 
producers or exporters not covered in this administrative 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 of this proceeding in which the producer or 
exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original LTFV investigation but the 
producer is, the cash deposit rate will be the rate established for 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 3.66 percent, the all-others rate 
established in the Amended Final Determination.\12\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \12\ See Amended Final Determination.
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Disclosure and Public Comment

    Commerce will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\13\
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    \13\ See 19 CFR 351.224(b).
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    Case briefs may be submitted to the Assistant Secretary for 
Enforcement and Compliance. Interested parties may submit case briefs 
no later than 30 days after the date of publication of this notice.\14\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than seven days after the date for filing case briefs 
\15\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are requested to submit with the argument: (1) a statement 
of the issue; (2) a summary of the argument; and (3) a table of 
authorities.\16\ All briefs must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS. Note that

[[Page 47968]]

Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\17\
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    \14\ See 19 CFR 351.309(c)(1)(ii).
    \15\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
    \17\ See Temporary Rule.
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\18\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing at a time and location to 
be determined.\19\ Parties should confirm by telephone the date, time, 
and location of the hearing.
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results 
of this administrative review, including the results of our analysis of 
the issues raised by the parties in their case briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Notification to Importers

    This notice also 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

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: July 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Rate for Respondent Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2022-16821 Filed 8-4-22; 8:45 am]
BILLING CODE 3510-DS-P