[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Notices]
[Pages 63034-63036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22619]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-854]


Certain Steel Nails From Taiwan: Final Results of Antidumping 
Duty Administrative Review and Final Determination of No Shipments; 
2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain steel nails from Taiwan were sold in the United States at less 
than normal value during the period of review (POR), July 1, 2020, 
through June 30, 2021. Commerce also determines that certain companies 
under review made no shipments of certain steel nails from Taiwan 
during the POR.

DATES: Applicable October 18, 2022.

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 Results of the administrative 
review of certain steel nails from Taiwan on June 13, 2022.\1\ The 
review covers 69 companies, including three mandatory respondents,\2\ 
six companies claiming no shipments of subject merchandise during the 
POR, and 59 companies not selected for individual examination.
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    \1\ See Certain Steel Nails from Taiwan: Preliminary Results of 
Antidumping Duty Administrative Review, Preliminary Determination of 
No Shipments, and Partial Rescission of Review; 2020-2021, 87 FR 
35734 (June 13, 2022) (Preliminary Results).
    \2\ The mandatory respondents are: King Chuang Wen Trading Co., 
Ltd. (King Chuang); the single entity comprising Liang Chyuan 
Industrial Co., Ltd. and Integral Building Products Inc. 
(collectively, Liang Chyuan); and Liang Kai Co.
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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 Results and Final Determination of No Shipments in the 
Antidumping Duty Administrative Review: Certain Steel Nails from 
Taiwan; 2020-2021,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    We addressed all issues raised in parties' case and rebuttal briefs 
in the Issues and Decision Memorandum. A list of the issues addressed 
in the Issues and Decision Memorandum is included in Appendix I of 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 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 Results, Commerce determined that the following 
companies had on shipments of subject merchandise during the POR: 
Astrotech Steels Private Limited; Geekay Wires Limited; Region 
Industries Co., Ltd.; and Region System Sdn. Bhd.\5\ As we have not 
received any information to contradict this determination, consistent 
with our practice, we will instruct U.S. Customs and Border Protection 
(CBP) to liquidate any existing entries of subject merchandise produced 
by these four companies, but exported by other parties, at the rate for 
the intermediate reseller, if available, or at the all-others rate.
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    \5\ See Preliminary Results, 87 FR at 35736.
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    Further, in the Preliminary Results, Commerce determined that 
resellers

[[Page 63035]]

Create Trading Co., Ltd. (Create Trading) and Wiresmith Industrial Co., 
Ltd. (Wiresmith) had no shipments of subject merchandise during the 
POR.\6\ As we find that there is no evidence on the record of this 
review which warrants a different determination, we continue to find 
that Create Trading and Wiresmith had no shipments during the POR. As 
discussed further in the ``Assessment Rates'' section below, we will 
instruct CBP to liquidate any existing entries of subject merchandise 
produced by Create's and Wiresmith's respective unaffiliated suppliers 
and attributed to Create and Wiresmith at the rate applicable to the 
unaffiliated producers, which, as discussed below, in this case is the 
all-others rate.\7\
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    \6\ See Create Trading's Letter, ``Statement of No Sales to the 
United States,'' dated October 7, 2021; see also Wiresmith Letter, 
``Statement of No Sales to the United States,'' dated October 7, 
2021. Specifically, both companies certified that all of their 
exports of subject merchandise were produced by unaffiliated 
producers that had knowledge of final destination to the United 
States; thus, both companies certified that they had no shipments or 
sales for this POR.
    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954, 23954 (May 6, 2003) 
(Assessment of Antidumping Duties); see also Certain Pasta from 
Turkey: Notice of Preliminary Results of Antidumping Duty 
Administrative Review, 76 FR 23974, 23977 (April 29, 2011), 
unchanged in Pasta from Turkey: Notice of Final Results of the 14th 
Antidumping Duty Administrative Review, 76 FR 68399 (November 4, 
2011).
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Rate for Non-Selected Companies

    As we stated in the Preliminary Results, in accordance with the 
U.S. Court of Appeals for the Federal Circuit's decision in 
Albemarle,8 we preliminarily applied a review-specific rate 
to the companies not selected for individual examination based on the 
individual rates preliminarily applied to the three mandatory 
respondents in this administrative review (i.e., 78.17 percent). This 
determination is unchanged for the final results.
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    \8\ See Preliminary Results, 87 FR at 35736; see also Albemarle 
Corp. v. United States, 821 F.3d 1345 (Fed. Cir. 2016) (Albemarle); 
Primesource Building Products Inc., et al. v. United States, Slip 
Op. 22-73 (CIT June 16, 2022).
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Final Results of Review

    We have determined the following dumping margins for the firms 
listed below for the period July 1, 2020, through June 30, 2021:

------------------------------------------------------------------------
                                                     Weighted-average
               Exporter/producer                      dumping margin
                                                        (percent)
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King Chuang Wen Trading Co., Ltd...............                    78.17
Liang Chyuan Industrial Co., Ltd./Integral                         78.17
 Building Products Inc.........................
Liang Kai Co...................................                    78.17
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  Review-Specific Average Rate Applicable to Companies Under Review Not
                   Selected for Individual Examination
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See Appendix II for the 59 companies under                         78.17
 review subject to the review-specific rate....
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Disclosure

    Normally, Commerce will disclose the calculations performed in 
connection with the final results of review to parties to the 
proceeding in accordance with 19 CFR 351.224(b). However, as there were 
no margin calculations performed in the instant review, there are no 
calculations to disclose for the final results of this review.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine, 
and CBP shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review. For these final results, we will instruct CBP to apply an ad 
valorem assessment rate of 78.17 percent to all entries of subject 
merchandise during the POR which were produced and/or exported by the 
mandatory respondents, King Chuang, Liang Chyuan, and Liang Kai Co., 
and the 59 companies which were not selected for individual 
examination.
    As indicated above, for each company which we determined had ``no 
shipments'' of the subject merchandise during the POR, we will instruct 
CBP to liquidate all POR entries associated with these companies at the 
all-others rate \9\ if there is no rate for the intermediate 
company(ies) involved in the transaction, consistent with Commerce's 
reseller policy.\10\
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    \9\ The all-others rate from the underlying investigation was 
revised to 2.16 percent 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).
    \10\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010). For a full discussion of 
this practice, see Assessment of Antidumping Duties.
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    Finally, with respect to the two resellers, as discussed in the 
Preliminary Results,\11\ consistent with our reseller policy, we find 
it appropriate in this case to instruct CBP to liquidate any existing 
entries of subject merchandise produced by Create Trading's and 
Wiresmith's respective unaffiliated suppliers and attributed to Create 
Trading and Wiresmith at the rate applicable to the unaffiliated 
producer(s).\12\ 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, in accordance with the 
reseller policy.
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    \11\ See Preliminary Results, 87 FR at 35737.
    \12\ See Assessment of Antidumping Duties; see also Certain 
Frozen Warmwater Shrimp from India: Partial Rescission of 
Antidumping Duty Administrative Review, 73 FR 77610, 77612 (December 
19, 2008); Certain Pasta from Turkey: Notice of Preliminary Results 
of Antidumping Duty Administrative Review, 76 FR 23974, 23977 (April 
29, 2011), unchanged in Pasta from Turkey: Notice of Final Results 
of the 14th Antidumping Duty Administrative Review, 76 FR 68399 
(November 4, 2011).
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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) the cash deposit rate for King Chuang, 
Liang

[[Page 63036]]

Chyuan, and Liang Kai Co. and the companies listed in Appendix II will 
be equal to the dumping margin established in the final results of this 
administrative review; (2) for previously reviewed or investigated 
companies not listed above, the cash deposit rate will continue to be 
the company-specific rate published for the most recently completed 
segment of this proceeding in which they were reviewed; (3) if the 
exporter is not a firm covered in this review, a prior review, or in 
the investigation, but the producer is, then the cash deposit rate will 
be the 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 manufacturers or exporters will continue to 
be 2.16 percent, the all-others rate. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.

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 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.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an 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.

Notification to Interested Parties

    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: October 11, 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 To Apply Adverse Facts Available (AFA) To 
Create Trading Co., Ltd. (Create Trading)
    Comment 2: Whether to Publicly Disclose the Names of Create 
Trading's Unaffiliated Suppliers
V. Recommendation

Appendix II--List of Companies Under Review Not Selected for Individual 
Examination

1. Acu-Transport Co., Ltd.
2. Allwin Architectural Hardware Inc.
3. Alsons Manufacturing India LLP
4. An Chen Fa Machinery Co., Ltd.
5. Bollore Logistics India Private Ltd.
6. Bon Voyage Logistics Inc.
7. Boss Precision Works Co., Ltd.
8. C.H. Robinson Freight Services Ltd.
9. C.H.Robinson World Wide India Pvt. Ltd.
10. Casia Global Logistics Co., Ltd.
11. Chief Ling Entreprise Co., Ltd
12. China Intl. Freight Co., Ltd.
13. China Sea Forwarders Co., Ltd.
14. Crane Worldwide Logistics LLC
15. De Well Container Shipping Inc.
16. DHL Global Forwarding Sg. Pte. Ltd.
17. Diversified Freight System Corporation
18. Eusu Logistics Co., Ltd.
19. Evergreen Logistics Corp.
20. Everise Global Logistics Co., Ltd.
21. Grandlink Logistics Co., Ltd.
22. Honour Lane Logistics Company Ltd.
23. Honour Lane Shipping Ltd.
24. Houseware Taiwan Industries Ltd.
25. Inmax Industries Sdn. Bhd.
26. K.E. & Kingstone Co., Ltd.
27. Kay Guay Entreprises Co., Ltd.
28. Kerry Indev Logistics Private Limited
29. King Compass Logistics Limited
30. King Freight International Corp.
31. Lien Bin Industries Co., Ltd.
32. New Marine Consolidator Co., Ltd.
33. NMC Logistics International Co., Ltd.
34. Oceanlink/Topair International Co.
35. OEC Freight Worldwide Co., Ltd.
36. Orient Containers Sdn., Bhd.
37. Orient Express Container Co., Ltd.
38. Orient Star International Logistics Co., Ltd.
39. Orient Star Transport International Ltd.
40. Oriental Vanguard Logistics Co., Ltd.
41. Pacific Concord International Ltd.
42. Pacific Star Express Corp.
43. Panda Logistics Co., Ltd.
44. Ray Fu Entreprise Co., Ltd.
45. SAR Transport Systems Pvt. Ltd.
46. Schenker (H.K.) Ltd.
47. Storeit Services LLP.
48. Success Progress International Tran
49. T.H.I. Logistics Co., Ltd.
50. T.V.L. Container Line Limited
51. The Ultimate Freight Management (Taiwan) Ltd.
52. Topocean Consolidation Service (Taiwan) Ltd.
53. Trans Luck Global Logistics Co., Ltd.
54. Trans Wagon International Co., Ltd.
55. Transwell Logistics Co., Ltd.
56. Transworld Transportation Co., Ltd.
57. UPS Supply Chain Solutions (Taiwan) Co., Ltd.
58. Valuemax Products Co., Ltd.
59. Worldwide Logistics Co., Ltd.

[FR Doc. 2022-22619 Filed 10-17-22; 8:45 am]
BILLING CODE 3510-DS-P