[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Notices]
[Pages 61060-61063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16686]


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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 Rescission of 
Review, in Part; 2022-2023

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, 2022, through June 30, 2023. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable July 30, 2024.

FOR FURTHER INFORMATION CONTACT: Peter K. Farrell or John K. Drury, 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) 482-2104 or (202) 
482-0195, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 13, 2015, Commerce published in the Federal Register an 
antidumping duty order on certain steel nails from Malaysia.\1\ On 
September 11,

[[Page 61061]]

2023, Commerce published the notice of initiation of the administrative 
review of the Order.\2\ On March 18, 2024, we extended the time limit 
for completion of these preliminary results to July 23, 2024, in 
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act).\3\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\4\ The 
deadline for the preliminary results is now July 30, 2024.
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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 Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 62322 (September 11, 2023).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 18, 
2024.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of the topics discussed in the Preliminary Decision Memorandum 
is included as Appendix I. 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, a complete version of the 
Preliminary Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Steel Nails from Malaysia; 2022-2023,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
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 Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    Between October 4 and 11, 2023, we received letters from non-
selected respondents Astrotech Steels Private Limited (Astrotech), 
Geekay Wires Limited (Geekay), Modern Factory for Steel Industries Co. 
Ltd. (Modern Factory), Trinity Steel Private Limited (Trinity), and 
Oman Fasteners LLC (Oman Fasteners) 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 companies, and CBP 
responded that it has no record of any shipments of subject merchandise 
for these companies during the POR.\7\ The record, therefore, 
demonstrates that Astrotech, Geekay, Modern Factory, Trinity, and Oman 
Fasteners had no shipments during the POR. On this basis, we are 
preliminarily rescinding the review with respect to Astrotech, Geekay, 
Modern Factory, Trinity, and Oman Fasteners, and will issue appropriate 
instructions to CBP based on the final results of this review.\8\
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    \6\ See Geekay's Letter, ``Request for No Shipment during the 
Period of Review (POR),'' dated October 4, 2023; Modern Factory's 
Letter, ``Request for No Shipment during the Period of Review 
(POR),'' dated October 5, 2023; Trinity's Letter, ``Notice of No 
Sales during the Period of Review (POR),'' dated October 4, 2023; 
Astrotech's Letter, ``Request for No Shipment during the Period of 
Review (POR),'' dated October 4, 2023; and Oman Fasteners' Letter, 
``No Shipments Letter,'' dated October 11, 2023.
    \7\ See Memorandum, ``No Shipment Inquiry for Multiple Companies 
During the Period 07/01/2022 through 06/30/2023,'' dated December 
12, 2023.
    \8\ We invite interested parties to comment on the preliminary 
rescission.
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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.

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 dumping margins for both Region International Co., 
Ltd. and Region System Sdn. Bhd. (collectively, Region) and Inmax Sdn. 
Bhd. and Inmax Industries Sdn. Bhd. (collectively, Inmax). Region's and 
Inmax's weighted-average dumping margins were not determined entirely 
on the basis of facts available. Accordingly, for the preliminary 
results of this review, we are assigning a dumping margin which is 
determined as the simple average of the margins for Region and Inmax to 
the non-selected mandatory respondents. Therefore, the preliminary rate 
for non-selected respondents is 1.01 percent.

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period July 1, 2022, through June 30, 
2023:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/Producer                         dumping
                                                                margin
                                                               (percent)
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Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd...............        0.74
Region International Co., Ltd. and Region System Sd. Bhd....        1.28
Non-Selected Respondents \9\................................        1.01
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Disclosure and Public Comment
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    \9\ See Appendix II for the list of non-selected respondents.
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    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs or other written comments to the Assistant Secretary for 
Enforcement and Compliance 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 five days after the 
date for filing case briefs.\10\ Interested parties who submit case 
briefs or rebuttal briefs in this proceeding must submit: (1) a table 
of contents listing each issue; and (2) a table of authorities.\11\
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    \10\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \11\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that

[[Page 61062]]

should be limited to five pages total, including footnotes. In this 
review, we instead request that interested parties provide at the 
beginning of their briefs a public, executive summary for each issue 
raised in their briefs.\12\ Further, we request that interested parties 
limit their executive summary of each issue to no more than 450 words, 
not including citations. We intend to use the executive summaries as 
the basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final results in this administrative 
review. We request that interested parties include footnotes for 
relevant citations in the executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\13\
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    \12\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \13\ See APO and Service Final Rule.
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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. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Final Results of Review

    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 in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Upon completion of this administrative review, pursuant to section 
751(a)(2)(A) of the Act, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries covered by this review. 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).\14\ 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.\15\ 
For entries of subject merchandise during the POR produced by the 
respondent(s) 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.\16\ 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.
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    \14\ 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).
    \15\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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 upon 
publication in the Federal Register of 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.\17\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \17\ See Certain Steel Nails from Malaysia: Final Determination 
of Sales at Less Than Fair Value, 80 FR 28969 (May 20, 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

    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)(2) 
and 19 CFR 351.221(b)(4).

    Dated: July 23, 2024.
Abdelali Elouaradia,
Deputy 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 Respondents
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

Appendix II

Companies Not Selected for Individual Review

1. Alsons Manufacturing India, LLP
2. Asia Bolts & Nuts Sdn. Bhd.
3. AV Fastener (M) Sdn. Bhd.
4. Chia Pao Metal Co., Ltd.
5. Chin Lai Hardware Sdn. Bhd.
6. Chin Well Fasteners Co.

[[Page 61063]]

7. Chuan Heng Hardware Paints and Building Materials Sdn. Bhd.
8. Come Best (Thailand) Co., Ltd.
9. Gbo Fastening Systems AB.
10. Gripwell Fastening (M) Sdn. Bhd.
11. Impress Steel Wire Industries Sdn. Bhd.
12. Fastenal Malaysia Sdn. Bhd.
13. Fuji Fastener Manufacturing Sdn. Bhd.
14. Kerry-Apex (Thailand) Co., Ltd.
15. Kimmu Trading Sdn., Bhd.
16. Kimmu Industries Sdn. Bhd.
17. Madura Fasteners Sdn. Bhd.
18. Multi Venture Resources Sdn. Bhd.
19. RM Wire Industries Sdn. Bhd.
20. S.H. Chooi Fasteners
21. SK Bolts & Fasteners Sdn. Bhd.
22. Soon Shing Building Materials Sdn. Bhd.
23. Storeit Services LLP
24. Sunmat Industries Sdn. Bhd.
25. Tag Fasteners Sdn. Bhd.
26. Tag Staples Sdn. Bhd.
27. Tampin Sin Yong Wai Industry Sdn. Bhd.
28. Top Remac Industries
29. UD Industries Sdn. Bhd.
30. Vien Group Sdn. Bhd.
31. Watasan Industries Sdn. Bhd.
32. Winston Mayer Sdn. Bhd.
33. Wing Tai Fastener Manufacturer
34. WWL India Private Ltd.
35. Yew Siong Industrial Supplies Sdn. Bhd.

[FR Doc. 2024-16686 Filed 7-29-24; 8:45 am]
BILLING CODE 3510-DS-P