[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50836-50838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16462]


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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; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on certain 
corrosion-resistant steel products (CORE) from Taiwan. We preliminarily 
determine that producers/exporters subject to this review did not make 
sales of subject merchandise at less than normal value during the 
period of review (POR) July 1, 2021, through June 30, 2022. We further 
preliminarily determine that Xxentria Technology Materials Company Ltd. 
(Xxentria) had no shipments during the POR. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable August 2, 2023.

FOR FURTHER INFORMATION CONTACT: Matthew Palmer or Deborah Cohen, 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) 482-1678 and (202) 
482-4521, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 25, 2016, Commerce published the antidumping duty order on 
CORE from Taiwan in the Federal Register.\1\ On September 6, 2022, 
pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended 
(the Act), Commerce initiated an administrative review of the Order 
covering the following respondents: (1) Yieh Phui Enterprise Co., Ltd. 
(YP); (2) Prosperity Tieh Enterprise Co., Ltd. (Prosperity); (3) Sheng 
Yu Steel Co., Ltd. (SYSCO); (4) Synn Industrial Co., Ltd. (Synn); (5) 
China Steel Corporation (CSC); (6) Chung Hung Steel Corporation (CHSC); 
(7) Great Fortune Steel Co., Ltd. (Great Fortune); (8) Great Grandeul 
Steel Co., Ltd. (Great Grandeul); (9) Great Grandeul Steel Company 
Limited (Somoa) (also known as, Great Grandeul Steel Company Limited 
Somoa) (Great Grandeul Somoa); (10) Great Grandeul Steel Corporation 
(Great Grandeul Steel); and (11) Xxentria.\2\ However, pursuant to the 
recently-issued final judgement of the U.S. Court of International 
Trade (the Court) in Prosperity V,\3\ concerning the litigation of the 
underlying less-than-fair-value (LTFV) investigation of the Order, 
Commerce intends to issue an amended final antidumping duty 
determination of sales at LTFV which reflects a below de minimis margin 
for the collapsed YP/Synn entity that results in the exclusion of YP 
and Synn from the Order and all subsequent segments of the proceeding, 
including the instant administrative review. Accordingly, we hereby 
provide notification of the discontinuation of the instant 
administrative review with respect to the respondent selected for 
individual examination, YP, and the non-selected respondent, Synn.\4\ 
As a result, Prosperity remains the sole respondent selected for 
individual examination in this review.
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    \1\ 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463 (September 6, 2022).
    \3\ See Prosperity Tieh Enterprise Co., Ltd. and Yieh Phui 
Enterprise Co., Ltd. v. United States, Consolidated Court No. 16-
00138, Slip Op. 23-95 (CIT 2023) (Prosperity V).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 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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    On March 7, 2023, we extended the preliminary results of this 
review to no later than July 28, 2023.\5\ For a complete description of 
the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum. A list of topics discussed in the 
Preliminary Decision Memorandum is included as an 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://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated March 7, 2023.
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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. The subject merchandise is currently classifiable 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 
7210.49.0040, 7210.49.0045, 7210.49.0091, 7210.49.0095, 7210.61.0000, 
7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.6000, 
7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 
7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, and 
7212.60.0000. The products subject to the orders may also enter under 
the following HTSUS item numbers: 7210.90.1000, 7215.90.1000, 
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 
7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.91.0000, 
7225.92.0000, 7225.99.0090, 7226.99.0110, 7226.99.0130, 7226.99.0180, 
7228.60.6000, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings 
above are provided for convenience and customs purposes only. The 
written description of the scope of the Order is dispositive. For the 
full text of the scope of the Order, see the Preliminary Decision 
Memorandum

Preliminary Determination of No Shipments

    On October 4, 2022, Synn submitted a letter certifying that it had 
no exports or sales of subject merchandise into the

[[Page 50837]]

United States during the POR.\6\ On October 5, 2022, Xxentria submitted 
a letter certifying that it had no exports or sales of subject 
merchandise into the United States during the POR.\7\ As discussed 
above, Synn is excluded from the Order, and this review is discontinued 
with respect to Synn pursuant to the final judgement of the Court in 
Prosperity V. Thus, no preliminary finding with respect to Synn's no-
shipments certification is necessary. Currently, the record contains no 
information which contradicts Xxentria's claims, and therefore, we 
preliminarily determine that Xxentria did not have any reviewable 
transactions during the POR, though Commerce may revisit this finding 
following these preliminary results if we receive additional 
information from U.S. Customs and Border Protection (CBP) to contradict 
this finding. Our final decision will also be based on an assessment of 
any comments received by interested parties. Consistent with Commerce's 
practice, we will not rescind the review with respect to Xxentria, but 
rather will complete the review and issue instructions to CBP based on 
the final results.\8\
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    \6\ See Synn's Letter, ``No Shipment Certification,'' dated 
October 4, 2022.
    \7\ See Xxentria's Letter, ``Notice of No Sales,'' dated October 
5, 2022.
    \8\ 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 sections 
751(a)(1) and (2) of the Act. Export price is 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 Companies

    For the rate for companies not selected for individual examination 
in an administrative review, generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in a 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} .'' However, section 
735(c)(5)(B) of the Act provides that, where the dumping margins 
established for all companies selected for individual examination are 
zero, de minimis, or based entirely on facts available, Commerce may 
use any reasonable method to establish the estimated all-others rate 
for the non-selected companies.
    In this administrative review, we calculated a weighted-average 
dumping margin of zero percent for Prosperity, the sole respondent 
selected for individual examination for which the administrative review 
continues. As such, the record does not contain a calculated weighted-
average dumping margin that is not zero, de minimis, or based on 
adverse facts available. Therefore, we are preliminarily assigning 
Prosperity's zero percent margin to the non-selected respondents CSC, 
CHSC, Great Fortune, Great Grandeul, Great Grandeul Somoa, Great 
Grandeul Steel, and SYSCO. For further discussion, see the Preliminary 
Decision Memorandum.

Preliminary Results of Review

    Commerce preliminarily determines the following weighted-average 
dumping margins exist for the period July 1, 2021, through June 30, 
2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd.........................        0.00
CSC.........................................................        0.00
CHSC........................................................        0.00
Great Fortune...............................................        0.00
Great Grandeul..............................................        0.00
Great Grandeul Somoa........................................        0.00
Great Grandeul Steel........................................        0.00
SYSCO.......................................................        0.00
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Disclosure and Public Comment

    Commerce intends to disclose to interested parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice.\9\
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    \9\ See 19 CFR 351.224(b).
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    Interested parties may submit case briefs to the Assistant 
Secretary for Enforcement and Compliance no later than 30 days after 
the date of publication of this notice.\10\ 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.\11\ 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.\12\ 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.\13\ Note that Commerce has temporarily modified certain 
of its requirements for serving documents containing business 
proprietary information, until further notice.\14\
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    \10\ See 19 CFR 351.309(c)(1)(ii).
    \11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020) (collectively, Temporary Rule).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ See 19 CFR 351.303.
    \14\ See Temporary Rule.
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    Interested parties who wish to request a hearing, limited to issues 
raised in the case and rebuttal briefs, 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.\15\ Requests 
should contain: (1) the party's name, address, and telephone number; 
(2) the number of participants; (3) whether any participant is a 
foreign national; and (4) a list of 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.\16\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
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    \15\ See 19 CFR 351.310(c).
    \16\ 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.

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

[[Page 50838]]

antidumping 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).\17\ 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 antidumping duties. 
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 where applicable.
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    \17\ 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).
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    For the companies which were not selected for individual review 
(i.e., CSC, CHSC, Great Fortune, Great Grandeul, Great Grandeul Somoa, 
Great Grandeul Steel, and SYSCO), we will assign an assessment rate 
based on the cash deposit rate calculated for the company selected for 
mandatory review (i.e., Prosperity). 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.\18\ Further, if 
we continue to find in the final results that Xxentria had no shipments 
of subject merchandise during the POR, we will instruct CBP to 
liquidate any suspended entries that entered under that company's 
antidumping duty case number at the all-others rate.
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    \18\ 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 
Prosperity for which it did not know that its merchandise was destined 
for the United States, we will instruct CBP to liquidate entries not 
reviewed at the all-others rate of 3.66 percent established in the LTFV 
investigation \19\ if there is no rate for the intermediate 
company(ies) involved in the transaction.\20\
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    \19\ 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).
    \20\ 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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    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 Court, 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 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 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 Amended Final Determination.\21\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \21\ See Amended Final Determination.
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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 27, 2023.
Abdelali Elouaradia,
Deputy 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. Discontinuation of the Review With Respect to YP and Synn
V. Preliminary Determination of No Shipments
VI. Rate for Respondents Not Selected for Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2023-16462 Filed 8-1-23; 8:45 am]
BILLING CODE 3510-DS-P