[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Notices]
[Pages 8257-8259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02614]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


Certain Steel Nails from Malaysia: Final Results 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) determines that 
certain steel nails from Malaysia were sold at less than normal value 
during the period of review (POR), July 1, 2020, through June 30, 2021.

DATES: Applicable February 8, 2023.

FOR FURTHER INFORMATION CONTACT: John Drury or Emily Bradshaw, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0195 and (202) 482-3956.

SUPPLEMENTARY INFORMATION: 

Background

    On August 5, 2022, Commerce published the Preliminary Results of 
the 2020-2021 administrative review of the antidumping duty order on 
certain steel nails from Malaysia.\1\ We invited interested parties to 
comment on the Preliminary Results.\2\ On November 21, 2022, we 
extended the deadline for these final results until February 1, 
2023.\3\ This review covers two mandatory respondents: Region and 
Inmax.\4\ The producers/exporters not selected for individual 
examination are referenced in the ``Final Results of Review'' section 
below and listed in Appendix II of this notice. For a complete 
description of the events that followed the Preliminary Results, see 
the Issues and Decision Memorandum.\5\ Commerce conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
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    \1\ See Certain Steel Nails from Malaysia: Preliminary Results 
of Antidumping Duty Administrative Review; 2020-2021, 87 FR 47978 
(August 5, 2022) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Preliminary Results, 87 FR at 47978.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2020-2021,'' dated November 
21, 2022.
    \4\ As in the last completed administrative review, Commerce 
continues to treat Region International Co. Ltd. and Region System 
Sdn. Bhd. (collectively, Region) as a collapsed single entity, and 
to treat Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd. 
(collectively, Inmax) as a collapsed single entity in this 
administrative review. See, e.g., Certain Steel Nails from Malaysia: 
Final Results of Antidumping Duty Administrative Review; 2019-2020, 
87 FR 5794 (February 2, 2022).
    \5\ See Memorandum, ``Decision Memorandum for the Final Results 
of the 2020-2021 Administrative Review of the Antidumping Duty Order 
on Certain Steel Nails from Malaysia,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order

    The products covered by the scope of the order are certain steel 
nails from Malaysia. For a complete description of the scope of the 
order, see the Issues and Decision Memorandum.\6\
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    \6\ Id. at 2-4.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by 
interested parties in this review are discussed in the Issues and 
Decision Memorandum. A list of the topics included in the Issues and 
Decision Memorandum is attached as Appendix I to this notice. The 
Issues and Decision Memorandum is a public document and is made 
available to the public 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 found at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Astrotech 
Steels Private Limited, Trinity Steel Private Limited, and Geekay Wires 
Limited made no shipments of the subject merchandise to the United 
States during the POR. No parties commented on this determination. 
Therefore, for the final results of review, we continue to find that 
these companies made no shipments of subject merchandise to the United 
States during the POR. Consistent with our practice, we will issue 
appropriate instructions to U.S. Customs and Border Protection (CBP) 
based on our final results.

Changes Since the Preliminary Results

    Based on the comments received from interested parties regarding 
our Preliminary Results, we made certain changes to the margin 
calculation methodology used in the Preliminary Results and have 
changed the dumping margin for these final results of review, as 
discussed in the Issues and Decision Memorandum.

Rates for Non-Selected Respondents

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual 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 a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted

[[Page 8258]]

average of the estimated weighted-average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero and de minimis margins, and any margins determined entirely {on 
the basis of facts available{time} .''
    In this review, we preliminarily calculated weighted-average 
dumping margins for Inmax and Region that are not zero, de minimis, or 
determined entirely on the basis of facts available.\7\ For the final 
results, we continue to calculate weighted-average dumping margins for 
Inmax and Region that are not zero, de minimis, or determined entirely 
on the basis of facts available. For Inmax, we do not have publicly-
ranged export data and, therefore, we are unable to calculate the rate 
assigned to companies not individually examined based on a weighted-
average of the two mandatory respondents' margins using publicly-ranged 
export data. Accordingly, Commerce continues to assign to the companies 
not individually examined, listed in Appendix II, a margin of 1.26 
percent which is the simple average of the calculated weighted-average 
dumping margins for Inmax and Region.
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    \7\ See Preliminary Results.
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Final Results of Review

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

------------------------------------------------------------------------
                                                               Estimated
                                                                weighted-
                                                                 average
                      Producer/exporter                         dumping
                                                                 margin
                                                               (percent)
------------------------------------------------------------------------
Region International Co., Ltd./Region System Sdn. Bhd........       1.21
Inmax Sdn. Bhd./Inmax Industries Sdn. Bhd....................       1.30
Non-Selected Respondents \8\.................................       1.26
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Disclosure of Calculations
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    \8\ See Appendix II for the list of non-selected respondents.
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    Commerce intends to disclose the calculations performed for these 
final results within five days after the date of the public 
announcement of these final results, or if there is no public 
announcement, within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Commerce shall determine, and CBP shall assess, antidumping duties 
on all appropriate entries.\9\ For any individually examined 
respondents whose weighted-average dumping margin is above de minimis, 
we calculated importer-specific ad valorem duty 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). Upon issuance of the 
final results of this administrative review, if any importer-specific 
assessment rates calculated in the final results are above de minimis 
(i.e., at or above 0.5 percent), Commerce will issue instructions 
directly to CBP to assess antidumping duties on appropriate entries.
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    \9\ 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 Proceedings: Final Modification, 77 FR 8101 
(February 14, 2012).
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    To determine whether the duty assessment rates covering the period 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), we calculated importer (or customer)-specific ad valorem 
rates by aggregating the amount of dumping calculated for all U.S. 
sales to that importer or customer and dividing this amount by the 
total entered value of the sales to that importer (or customer). Where 
an importer (or customer)-specific ad valorem rate is greater than de 
minimis, and the respondent has reported reliable entered values, we 
will apply the assessment rate to the entered value of the importer's/
customer's entries during the POR.
    For the companies identified in Appendix II that were not selected 
for individual examination, we will instruct CBP to liquidate entries 
at the rates established in these final results of review.
    For entries of subject merchandise during the POR produced by any 
of these companies for which they did not know their merchandise was 
destined for the United States, we will instruct CBP to liquidate such 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\10\
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    \10\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Commerce intends to issue appropriate assessment instructions 
directly 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 upon 
publication in the Federal Register of the notice of these final 
results for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided by section 751(a)(2) of the Act: (1) the cash deposit 
rate for companies subject to this review will be equal to the company-
specific weighted-average dumping margin established in the final 
results of the review; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment 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 completed segment of this proceeding, then the cash 
deposit rate will be the rate established in the completed segment for 
the most recent period for the producer of the merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 2.66 percent, the all-others rate established in the less-than-fair-
value investigation.\11\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \11\ See Certain Steel Nails from Malaysia: Amended Final 
Determination of Sales at Less Than Fair Value, 80 FR 34370 (June 
16, 2015).
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Notification to Importers Regarding the Reimbursement of Duties

    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 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 return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business

[[Page 8259]]

proprietary information in this segment of the proceeding. Timely 
written notification of the return or 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

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221.

    Dated: February 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

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
    A. Region-Specific Issues
    Comment 1: Adverse Facts Available (AFA) with Respect to Cost of 
Production
    Comment 2: AFA with Respect to Labor and Electricity Costs
    Comment 3: Correction of the Difference-In-Merchandise 
Calculation
    Comment 4: Quarterly Costs
    Comment 5: Correction to Draft Liquidation Instructions
    B. Inmax-Specific Issues
    Comment 6: Application of AFA With Respect to Unreliable Cost 
Information
    Comment 7: Interest Expense Ratio
    Comment 8: Ministerial Error Allegations
VI. Recommendation

Appendix II

List of Non-Selected Respondents

Airlift Trans Oceanic Pvt. Ltd.
Alsons Manufacturing India, LLP.
Atlantic Marine Group Ltd.
Bluemoon Logistics Pvt. Ltd.
C.H. Robinson Worldwide Freight India Pvt., Ltd.
Chia Pao Metal Co., Ltd.
Chuan Heng Hardware Paints and Building Materials Sdn. Bhd.
Come Best (Thailand) Co., Ltd.
Dahnay Logistics Pvt., Ltd.
Gbo Fastening Systems AB.
Honour Lane Logistics Sdn., Bhd.
Honour Lane Shipping Ltd.
Impress Steel Wire Industries Sdn., Bhd.
Kerry-Apex (Thailand) Co., Ltd.
Kerry Indev Logistics Pvt., Ltd.
Kerry Logistics (M) Sdn., Bhd.
Kimmu Trading Sdn., Bhd.
Modern Factory for Steel Industries Co., Ltd.
Oman Fasteners LLC.
Orient Containers Sdn., Bhd.
Orient Express Container Co., Ltd.
RM Wire Industries Sdn. Bhd.
Royal Logistics.
SAR Transport Systems Pvt., Ltd.
Soon Shing Building Materials Sdn., Bhd.
Storeit Services LLP.
Tag Fasteners Sdn., Bhd.
Tag Staples Sdn., Bhd.
Tampin Sin Yong Wai Industry Sdn., Bhd.
Teamglobal Logistics Pvt., Ltd.
Top Remac Industries.
UD Industries Sdn., Bhd.
Vien Group Sdn., Bhd.
Watasan Industries Sdn., Bhd.
WWL India Private Ltd.

[FR Doc. 2023-02614 Filed 2-7-23; 8:45 am]
BILLING CODE 3510-DS-P