[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7408-7410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02213]


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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; 2020-2021

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

SUMMARY: The U.S. 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, 2020, through June 30, 2021. We further determine that 
Synn Co., Ltd. (Synn) had no shipments of subject merchandise during 
the POR.

DATES: Applicable February 3, 2023.

FOR FURTHER INFORMATION CONTACT: Patrick Barton 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) 482-0012 or (202) 
482-1678, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 5, 2022, Commerce published the Preliminary Results for

[[Page 7409]]

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). We received a case brief from 
Prosperity.\2\ A complete summary of the events that occurred since 
publication of the Preliminary Results is found in the Issues and 
Decision Memorandum.\3\ 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 Corrosion-Resistant Steel Products from Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2020-2021, 87 FR 47966 
(August 5, 2022) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Prosperity's Letter, ``Certain Corrosion-Resistant Steel 
Products from Taiwan, Case No. A-583-856: Prosperity Tieh's Case 
Brief,'' dated September 13, 2022.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final 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 (Issues 
and Decision Memorandum).
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Scope of the Order 4
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    \4\ See 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).
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    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. For the full text of the scope of the Order, see the 
Issues and Decision Memorandum.

Analysis of the Comments Received

    All issues raised in the case brief are addressed in the Issues and 
Decision Memorandum.\5\ 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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    \5\ 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 Prosperity, we made changes to the preliminary weighted-
average dumping margins calculations for Prosperity and 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 into the United States 
during the POR.\6\ 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.\7\
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    \6\ See Preliminary Results, 87 FR at 47966.
    \7\ 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).
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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 states that the all-others rate shall be equal 
to the weighted-average dumping margins of those exporters and 
producers individually examined, excluding any rates which are zero, de 
minimis, or based entirely on facts available (FA). 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.\8\ For these final 
results of review, we calculated weighted-average dumping margins for 
both mandatory respondents which are not zero, de minimis, or 
determined entirely on the basis of FA.\9\ Accordingly, Commerce 
assigns to the company not examined in this review (i.e., Sheng Yu 
Steel Co., Ltd.) a dumping margin of 3.38 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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    \8\ 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.
    \9\ 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.
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Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the respondents for the period July 1, 2020, through June 30, 
2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd.........................        3.64
Sheng Yu Steel Co., Ltd.....................................        3.38
Yieh Phui Enterprise Co., Ltd...............................        2.88
------------------------------------------------------------------------

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 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

[[Page 7410]]

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.\10\ 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, which 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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    \10\ 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.\11\
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    \11\ 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,\12\ 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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    \12\ 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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: January 27, 2023.
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 to Analyze Transactions between Prosperity 
and its Affiliate, Hong-Ye Steel Co., Ltd. (Hong Ye), Under Section 
773(f)(2) of the Act, as well as Whether to Include Hong Ye's 
Purchases in the Market Price Valuation
    Comment 2: Treatment of All Prosperity's Home Market Sales
    Comment 3: Whether to Adjust Prosperity's Production Quantities 
Assigned to Surrogate Costs
VI. Recommendation

[FR Doc. 2023-02213 Filed 2-2-23; 8:45 am]
BILLING CODE 3510-DS-P