[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51775-51777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16609]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


Certain Steel Nails From Malaysia: 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) preliminarily finds 
that certain producers and/or exporters subject to this administrative 
review made sales of subject merchandise at less than normal value 
during the period of review (POR) July 1, 2021, through June 30, 2022. 
In addition, we preliminarily find that certain companies had no 
shipments during the POR. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable August 4, 2023.

FOR FURTHER INFORMATION CONTACT: John K. Drury or Tyler R. Weinhold, 
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) 
482-1121, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 13, 2015, we published in the Federal Register an 
antidumping duty order on certain steel nails from Malaysia.\1\ On July 
1, 2022, we published in the Federal Register a notice of opportunity 
to request an administrative review of the Order.\2\ On September 6, 
2022, Commerce published the notice of initiation of the administrative 
review of the Order.\3\ On March 28, 2023, we extended the time limit 
for completion of these preliminary results to July 28, 2023, in 
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act).\4\
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    \1\ 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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Injury Service List, 87 FR 39461 (July 1, 
2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463 (September 6, 2022).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 28, 
2023.
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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 Preliminary Decision Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022: 
Certain Steel Nails from Malaysia,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments

    Between September 21 and 29, 2022, we received letters from non-
selected respondents Astrotech Steels Private Limited (Astrotech), 
Geekay Wires Limited (Geekay), Modern Factory for Steel Industries Co. 
Ltd. (Modern), and Trinity Steel Private Limited (Trinity), timely 
notifying Commerce that they had no exports, sales, or entries of 
subject merchandise during the POR.\6\ We issued a no-shipment inquiry 
to U.S. Customs and Border Protection (CBP) with respect to each of 
these four companies, and CBP responded that it has no record of any 
shipments of subject merchandise for these companies during the POR.\7\ 
Thus, we preliminarily determine that Astrotech, Geekay, Modern, and 
Trinity had no shipments during the POR. Consistent with Commerce's 
practice, we find that it is not appropriate to rescind the review with 
respect to Astrotech, Geekay, Modern, and Trinity, but, rather, to 
complete the review and issue appropriate instructions to CBP based on 
the final results of this review.\8\
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    \6\ See Geekay Wires Limited's Letter, ``Request for No Shipment 
during the Period of Review (POR),'' dated September 21, 2022; 
Modern Factory for Steel Industries Co. Ltd.'s Letter, ``Request for 
No Shipment during the Period of Review (POR),'' dated September 29, 
2022; Trinity Steel Private Limited's Letter, ``Notice of No sales 
during the Period of Review (POR),'' dated September 29, 2022; and 
Astrotech Steels Private Limited's Letter, ``Request for No Shipment 
during the Period of Review (POR),'' dated September 29, 2022.
    \7\ See Memorandum, ``Steel Nails from Malaysia; No Shipment 
Inquiry for Multiple Companies During the Period 07/01/2021 through 
06/30/2022,'' dated June 26, 2023.
    \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 
(August 28, 2014); and 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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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. For a full description of the methodology underlying 
these preliminary results, see the Preliminary Decision Memorandum.\9\ 
A list of the topics discussed in the Preliminary Decision Memorandum 
is included as Appendix I to this notice. The Preliminary 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 Preliminary Decision Memorandum can be found at

[[Page 51776]]

https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \9\ See Preliminary Decision Memorandum.
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Rate 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 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} .''
    In these preliminary results, we have calculated a non-de minimis 
weighted-average margin for Region International Co., Ltd. and Region 
System Sdn. Bhd. (collectively, Region). Region's weighted-average 
dumping margin was not determined entirely on the basis of facts 
available. However, we calculated a weighted-average margin of zero for 
Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd. (collectively, Inmax). 
Accordingly, for the preliminary results of this review, we are 
assigning the dumping margin determined for Region to the non-selected 
mandatory respondents. Therefore, the preliminary rate for non-selected 
respondents is 1.08 percent.

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period July 1, 2021, through June 30, 
2022:
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    \10\ See Appendix II for the list of non-selected respondents.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd...............        0.00
Region International Co., Ltd. and Region System Sdn. Bhd...        1.08
Non-Selected Respondents \10\...............................        1.08
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
administrative review within five days after public announcement of the 
preliminary results, in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\11\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\12\ Parties who submit case briefs 
or rebuttal briefs in this administrative review are encouraged to 
submit with each argument: (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\13\
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    \11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'')
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \13\ See 19 CFR 351.303 (for general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing at a time and date to be 
determined. An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\14\
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    \14\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, no later than 120 days after the date of 
publication of this notice, unless extended, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuing the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries. If the weighted-average dumping margin for a 
mandatory respondent is not zero or de minimis in the final results of 
this review, we will calculate an importer-specific assessment rate on 
the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales and the total entered value of such 
sales in accordance with 19 CFR 351.212(b)(1).\15\ If the weighted-
average dumping margin is zero or de minimis in the final results of 
review, or if an importer-specific assessment rate is zero or de 
minimis, Commerce will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\16\ For entries of subject 
merchandise during the period of review produced by the respondents for 
which they did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries.\17\
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    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \16\ Id. 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
    \17\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    If we continue to find in the final results that Astrotech, Geekay, 
Modern, and Trinity had no shipments of subject merchandise during the 
POR, we will instruct CBP to liquidate any suspended entries that 
entered under their antidumping duty case numbers (i.e., at that 
exporter's rate) at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.
    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). The final results of this administrative 
review shall be the basis for the assessment of antidumping duties on 
entries of merchandise under review and for future cash deposits of 
estimated antidumping duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of

[[Page 51777]]

the final results of this administrative review for all shipments of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication, as provided by section 
751(a)(2)(C) 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 this 
administrative review; (2) for merchandise exported by a company 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 less-than-fair-value investigation but the 
producer is, then the cash deposit rate will be the rate established in 
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 2.66 percent, the all-others 
rate established in the less-than-fair-value investigation.\18\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \18\ 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

    This notice 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

    Commerce is issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and 
19 CFR 351.221(b)(4).

    Dated: July 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Selected Companies
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

Appendix II

List of Non-Selected Respondents

Alsons Manufacturing India, LLP
Atlantic Marine Group Ltd.
Chia Pao Metal Co., Ltd.
Chin Lai Hardware Sdn., Bhd.
Chuan Heng Hardware Paints and Building Materials Sdn., Bhd.
Come Best (Thailand) Co., Ltd.
Gbo Fastening Systems AB
Impress Steel Wire Industries Sdn., Bhd.
Inmax Industries Sdn., Bhd.
Inmax Sdn., Bhd.
Kerry-Apex (Thailand) Co., Ltd.
Kimmu Trading Sdn., Bhd.
Madura Fasteners Sdn., Bhd.
Oman Fasteners LLC
Region System Sdn., Bhd.
Region International Co., Ltd.
RM Wire Industries Sdn., Bhd.
Soon Shing Building Materials Sdn., Bhd.
Storeit Services LLP
Sunmat Industries Sdn., Bhd.
Tag Fasteners Sdn., Bhd.
Tag Staples Sdn., Bhd.
Tampin Sin Yong Wai Industry Sdn., Bhd.
Top Remac Industries
UD Industries Sdn., Bhd.
Vien Group Sdn., Bhd.
Watasan Industries Sdn., Bhd.
WWL India Private Ltd.

[FR Doc. 2023-16609 Filed 8-3-23; 8:45 am]
BILLING CODE 3510-DS-P