[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85587-85589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26998]


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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; 2021-2022

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, 2021, through June 30, 2022. We further determine that 
Xxentria Technology Materials Company Ltd. (Xxentria) had no shipments 
of subject merchandise during the POR.

DATES: Applicable December 8, 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 August 2, 2023, Commerce published the Preliminary Results for 
this administrative review and invited interested parties to 
comment.\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 11 respondents.\2\ However, 
pursuant to the final judgment of the U.S. Court of International Trade 
(the Court) in Prosperity V,\3\ concerning the litigation for the 
underlying less-than-fair-value (LTFV) investigation of the Order,\4\ 
Commerce issued an amended final antidumping duty determination of 
sales at LTFV which reflects a below de minimis margin for the 
collapsed YP/Synn entity which resulted in the exclusion of YP and Synn 
from the Order and all subsequent segments of the proceeding, including 
the instant administrative review.\5\ Accordingly, the Preliminary 
Results provided notification of the discontinuation of the instant 
administrative review with respect to a respondent selected for 
individual examination, YP, and a non-selected respondent, Synn.\6\ As 
a result, Prosperity remains the sole individually-examined respondent 
in this review.
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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; 2021-2022, 88 FR 50836 
(August 2, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ The respondents are: (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. 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 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).
    \5\ See Corrosion-Resistant Steel Products from Taiwan: Notice 
of Third Amended Final Determination of Sales at Less Than Fair 
Value Pursuant to Court Decision and Partial Exclusion from 
Antidumping Duty Order, 88 FR 58245 (August 25, 2023) (Third Amended 
Final Determination).
    \6\ See Preliminary Results, 88 FR at 50836.
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    We received a case brief from Cleveland-Cliffs Inc. and Steel 
Dynamics Inc. (collectively, the petitioners).\7\ A complete summary of 
the events that occurred since publication of the Preliminary Results 
is found in the Issues and Decision Memorandum.\8\ Commerce conducted

[[Page 85588]]

this review in accordance with section 751(a) of the Act.
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    \7\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated 
September 1, 2023.
    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review: Certain 
Corrosion-Resistant Steel Products from Taiwan; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order

    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.\9\ 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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    \9\ Id.
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Changes Since the Preliminary Results

    Based on a review of the record and analysis of the comments 
received from the petitioners regarding our Preliminary Results, we 
made changes to the preliminary weighted-average dumping margins 
calculations for Prosperity and for respondents not selected for 
individual examination. For detailed information, see the Issues and 
Decision Memorandum.

Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
Xxentria made no shipments of subject merchandise into the United 
States during the POR.\10\ We have not received any information to 
contradict this determination, nor comment in opposition to our 
preliminary finding. Furthermore, on August 23, 2023, Commerce was 
notified by U.S. Customs and Border Protection (CBP) that it has no 
record of any subject entries during the POR for Xxentria.\11\ 
Therefore, we continue to determine that Xxentria made no shipments of 
subject merchandise during the POR. Consistent with our practice, we 
will instruct CBP to liquidate any existing entries of subject 
merchandise produced by Xxentria, but exported by other parties, at the 
rate for the intermediate reseller, if available, or at the all-others 
rate.\12\
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    \10\ See Preliminary Results, 88 FR at 50836-37.
    \11\ See Memorandum, ``No Shipment Inquiry for Xxentria 
Technology Materials Co., Ltd. during the period 07/01/2021 through 
06/30/2022,'' dated August 23, 2023.
    \12\ 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 Respondents Not Selected for Individual Examination

    For the rate assigned to 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} .''
    In this administrative review, we have calculated a weighted-
average dumping margin for the sole mandatory respondent, Prosperity, 
that is not zero, de minimis, or based entirely on facts available 
(i.e., 0.71 percent). Accordingly, we have assigned this rate to the 
non-selected respondents CSC, CHSC, Great Fortune, Great Grandeul, 
Great Grandeul Somoa, Great Grandeul Steel, and SYSCO.

Final Results of Review

    Commerce preliminarily determines the following estimated 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.........................        0.71
China Steel Corporation.....................................        0.71
Chung Hung Steel Corporation................................        0.71
Great Fortune Steel Co., Ltd................................        0.71
Great Grandeul Steel Co., Ltd...............................        0.71
Great Grandeul Steel Company Limited (Somoa)................        0.71
Great Grandeul Steel Corporation............................        0.71
Sheng Yu Steel Co., Ltd.....................................        0.71
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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 
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 the respondent did not report entered value, we calculated 
the entered value in order to calculate the assessment rate. 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.\13\ For entries of subject merchandise during the POR produced 
by Prosperity for which it did not know its merchandise was destined 
for the United States, 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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    \13\ 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.\14\
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    \14\ See section 751(a)(2)(C) of the Act.
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    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping

[[Page 85589]]

duties at an ad valorem assessment rate equal to the company-specific 
weighted-average dumping margin determined in these final results. 
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 11.04 percent,\15\ the all-others rate from the Third 
Amended Final Determination.\16\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \15\ 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).
    \16\ See Third Amended Determination, 88 FR at 58247.
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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) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: November 21, 2023.
Abdelali Elouaradia,
Deputy 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 Revise the Period Reviewed in the 
Comparison Market and Margin Calculation Programs
    Comment 2: Whether to Revise Aggregate Price Adjustment 
Variables in the Margin Calculation Program
VI. Recommendation

[FR Doc. 2023-26998 Filed 12-7-23; 8:45 am]
BILLING CODE 3510-DS-P