[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15660-15663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05210]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


Certain Steel Nails From Malaysia: Amended 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) is amending its 
final results in the administrative review of the antidumping duty 
order on certain steel nails (nails) from Malaysia for the period July 
1, 2020, through June 30, 2021, to correct certain ministerial errors.

DATES: Applicable March 14, 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 or (202) 482-3896.

SUPPLEMENTARY INFORMATION: 

Background

    On February 8, 2023, Commerce published the final results of the 
2020-2021 administrative review of nails from Malaysia.\1\ On February 
8, 2023, Commerce received a timely filed allegation from Mid Continent 
Steel & Wire, Inc. (the petitioner) with regard to the calculation of 
the final dumping margin for respondent Region International Co., Ltd. 
and Region System Sdn. Bhd (collectively, Region).\2\ Also on February 
8, 2023, Commerce

[[Page 15661]]

received a timely filed allegation from Inmax Sdn. Bhd. and Inmax 
Industries Sdn. Bhd (collectively, Inmax) that Commerce made 
ministerial errors in the Final Results with regard to its calculation 
of the final dumping margin for Inmax.\3\ Based on our analysis of 
these allegations, we determine that we made ministerial errors, and we 
have made changes to the calculation of the weighted-average dumping 
margin for Region, Inmax, and for the non-selected respondents.\4\
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    \1\ See Certain Steel Nails from Malaysia: Final Results of 
Antidumping Duty Administrative Review; 2020-2021, 88 FR 8257 
(February 8, 2023) (Final Results) and accompanying Issues and 
Decision Memorandum (IDM).
    \2\ See Petitioner's Letter, ``Ministerial Error Comments,'' 
dated February 8, 2023 (Petitioner Ministerial Allegation Letter).
    \3\ See Inmax's Letter, ``Ministerial Error Comments,'' dated 
February 8, 2023 (Inmax Ministerial Allegation Letter).
    \4\ See Memorandum ``Ministerial Error Memorandum for the 
Amended Final. Results of the 2020-2021 Administrative Review of the 
Antidumping Duty Order on Certain Steel Nails from Malaysia,'' dated 
concurrently with this notice (Ministerial Error Memorandum).
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Scope of the Order

    The merchandise covered by the order is certain steel nails having 
a nominal shaft length not exceeding 12 inches.\5\ Certain steel nails 
include, but are not limited to, nails made from round wire and nails 
that are cut from flat-rolled steel. Certain steel nails may be of one 
piece construction or constructed of two or more pieces. Certain steel 
nails may be produced from any type of steel, and may have any type of 
surface finish, head type, shank, point type and shaft diameter. 
Finishes include, but are not limited to, coating in vinyl, zinc 
(galvanized, including but not limited to electroplating or hot dipping 
one or more times), phosphate, cement, and paint. Certain steel nails 
may have one or more surface finishes. Head styles include, but are not 
limited to, flat, projection, cupped, oval, brad, headless, double, 
countersunk, and sinker. Shank styles include, but are not limited to, 
smooth, barbed, screw threaded, ring shank and fluted. Screw-threaded 
nails subject to this proceeding are driven using direct force and not 
by turning the nail using a tool that engages with the head. Point 
styles include, but are not limited to, diamond, needle, chisel and 
blunt or no point. Certain steel nails may be sold in bulk, or they may 
be collated in any manner using any material.
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    \5\ The shaft length of certain steel nails with flat heads or 
parallel shoulders under the head shall be measured from under the 
head or shoulder to the tip of the point. The shaft length of all 
other certain steel nails shall be measured overall.
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    Excluded from the scope of this order are certain steel nails 
packaged in combination with one or more non-subject articles, if the 
total number of nails of all types, in aggregate regardless of size, is 
less than 25. If packaged in combination with one or more non-subject 
articles, certain steel nails remain subject merchandise if the total 
number of nails of all types, in aggregate regardless of size, is equal 
to or greater than 25, unless otherwise excluded based on the other 
exclusions below.
    Also excluded from the scope are certain steel nails with a nominal 
shaft length of one inch or less that are (a) a component of an 
unassembled article, (b) the total number of nails is sixty (60) or 
less, and (c) the imported unassembled article falls into one of the 
following eight groupings: (1) builders' joinery and carpentry of wood 
that are classifiable as windows, French-windows and their frames; (2) 
builders' joinery and carpentry of wood that are classifiable as doors 
and their frames and thresholds; (3) swivel seats with variable height 
adjustment; (4) seats that are convertible into beds (with the 
exception of those classifiable as garden seats or camping equipment); 
(5) seats of cane, osier, bamboo or similar materials; (6) other seats 
with wooden frames (with the exception of seats of a kind used for 
aircraft or motor vehicles); (7) furniture (other than seats) of wood 
(with the exception of (i) medical, surgical, dental or veterinary 
furniture; and (ii) barbers' chairs and similar chairs, having rotating 
as well as both reclining and elevating movements); or (8) furniture 
(other than seats) of materials other than wood, metal, or plastics 
(e.g., furniture of cane, osier, bamboo or similar materials). The 
aforementioned imported unassembled articles are currently classified 
under the following Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 
9401.59, 9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 
or 9403.89.
    Also excluded from the scope of this order are steel nails that 
meet the specifications of Type I, Style 20 nails as identified in 
Tables 29 through 33 of ASTM Standard F1667 (2013 revision).
    Also excluded from the scope of this order are nails suitable for 
use in powder-actuated hand tools, whether or not threaded, which are 
currently classified under HTSUS subheadings 7317.00.20.00 and 
7317.00.30.00.
    Also excluded from the scope of this order are nails having a case 
hardness greater than or equal to 50 on the Rockwell Hardness C scale 
(HRC), a carbon content greater than or equal to 0.5 percent, a round 
head, a secondary reduced-diameter raised head section, a centered 
shank, and a smooth symmetrical point, suitable for use in gas-actuated 
hand tools.
    Also excluded from the scope of this order are corrugated nails. A 
corrugated nail is made up of a small strip of corrugated steel with 
sharp points on one side.
    Also excluded from the scope of this order are thumb tacks, which 
are currently classified under HTSUS subheading 7317.00.10.00.
    Certain steel nails subject to this order are currently classified 
under 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, 7806.00.80.00, 7318.29.00.00, 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.

Ministerial Error

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.''
    The petitioner argues that Commerce mistakenly excluded certain 
cost records when implementing the use of quarterly costs.\6\ 
Specifically, the petitioner states that Commerce inadvertently 
excluded cost records for one quarter when calculating average costs 
for the purpose of examining cost recovery.\7\ We have examined the 
programming language contained in the ``ME Macros'' SAS program, and we 
agree with the petitioner.\8\
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    \6\ See Petitioner Ministerial Allegation Letter.
    \7\ Id.
    \8\ See Ministerial Error Allegation Memorandum at 2-3.
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    Inmax argues that Commerce mistakenly used the incorrect variables 
for total cost of manufacturing, general and administrative expenses, 
and interest expenses. We agree with Inmax, and therefore, we have 
corrected the error.\9\
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    \9\ Id.

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[[Page 15662]]

    Furthermore, consistent with Commerce's practice,\10\ the rate for 
the respondents not selected for individual examination will be the 
weighted-average dumping margin for Region, as the margin calculated 
for Region is the only rate calculated that is not zero, de minimis, or 
determined entirely on the basis of facts available.
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    \10\ See, e.g., Large Power Transformers from the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review, 
Final Determination of No Shipments, and Final Successor-in-Interest 
Determination; 2018-2019, 86 FR 30915 (June 10, 2021) and 
accompanying IDM at Comment 4.
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Amended Final Results of Review

    Commerce determines that the following amended weighted-average 
dumping margins exist for the period July 1, 2010, through June 30, 
2021:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Region International Co., Ltd./Region System Sdn. Bhd.......        1.66
Inmax Sdn. Bhd./Inmax Industries Sdn. Bhd...................        0.00
Non-Selected Respondents \11\...............................        1.66
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Disclosure
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    \11\ See Appendix for the list of non-selected respondents.
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    We will disclose the calculation memoranda used in our analysis to 
parties to this segment of the proceeding within five days of the date 
of the publication of these amended final results, pursuant to 19 CFR 
351.224(b).

Assessment Rate

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries.\12\ 
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 amended final results of this 
administrative review, if any importer-specific assessment rates 
calculated in the amended 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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    \12\ In these amended 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 above 
that were not selected for individual examination, we will instruct CBP 
to liquidate entries at the rates established in these amended final 
results of review.
    For entries of subject merchandise during the POR produced by any 
of these companies for which it did not know its 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.\13\
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\14\ Commerce intends to issue 
appropriate assessment instructions directly to CBP no earlier than 35 
days after the date of publication of the amended 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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    \14\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during the period of review. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties did occur and the subsequent assessment of doubled antidumping 
duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
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 351.213(h) and 
19 CFR 351.221(b)(5).

    Dated: March 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--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.

[[Page 15663]]

WWL India Private Ltd.

[FR Doc. 2023-05210 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P