[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Notices]
[Pages 71878-71881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19717]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-856]


Certain Corrosion-Resistant Steel Products From Taiwan: 
Preliminary Results and Rescission, In Part, of Antidumping Duty 
Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain corrosion-resistant steel products (CORE) from 
Taiwan are being sold in the United States at below normal value during 
the period of review (POR), July 1, 2022, through June 30, 2023. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable September 4, 2024.

FOR FURTHER INFORMATION CONTACT: Deborah Cohen or Anjali Mehindiratta, 
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) 482-4521 
or (202) 482-9127, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 71879]]

Background

    On July 25, 2016, Commerce published the antidumping duty order on 
CORE from Taiwan in the Federal Register.\1\ On July 3, 2023, we 
published in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ On September 11, 2023, 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 nine 
entities.\3\ On March 12, 2024, Commerce extended the deadline for the 
preliminary results until July 30, 2024.\4\ On July 22, 2024, Commerce 
tolled certain deadlines in this administrative proceeding by seven 
days.\5\ The deadline for these preliminary results is now August 6, 
2024.
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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 Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 42693 (July 3, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation 
Notice). The Initiation Notice identified 10 firms, including Yieh 
Phui Enterprise Co., Ltd. (Yieh Phui). However, pursuant to the U.S. 
Court of International Trade's final judgment pertaining to the 
less-than-fair value (LTFV) investigation of this proceeding, Yieh 
Phui was excluded from the Order. See Prosperity Tieh Enterprise 
Co., Ltd. and Yieh Phui Enterprise Co., Ltd. v. United States, 
Consol. Court No. 16-00138, Slip Op. 23-95 (CIT 2023) (sustaining 
Commerce's second remand redetermination for the less-than-fair-
value investigation of CORE from Taiwan); see also 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), corrected by 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; Correction, 88 FR 65153 
(September 21, 2023) (collectively, Third Amended Final 
Determination). Accordingly, a subsequent Federal Register notice 
corrected the Initiation Notice applicable to the instant review to 
clarify that Commerce is not conducting an administrative review of 
Yieh Phui for the July 1, 2022, through June 30, 2023 POR. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 88 FR 84784, 84787 (December 6, 2023) (Corrected Initiation 
Notice).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 12, 
2024.
    \5\ 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.\6\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
attached 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, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
for Corrosion-Resistant Steel Products from Taiwan; 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 this Order are certain 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. A full description of the scope of 
the Order is contained in the Preliminary Decision Memorandum.

Rescission of Review, In Part

    As noted above, we initiated this review with respect to nine 
companies.\7\ During the course of the review, we selected two 
mandatory respondents, which included two of the named companies: 
Prosperity Tieh Enterprises Co., Ltd. (Prosperity); and Sheng Yu Steel 
Co. (SYSCO).\8\ As a consequence, there are seven companies upon which 
review was requested and which were not selected for individual 
examination.
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    \7\ See Initiation Notice, as corrected by Corrected Initiation 
Notice, 88 FR at 84787.
    \8\ See Memorandum, ``Respondent Selection,'' dated October 17, 
2023.
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    Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an 
administrative review when there are no reviewable suspended entries. 
Based on our analysis of U.S. Customs and Border Protection (CBP) 
information, six companies listed in the Initiation Notice had no 
entries of subject merchandise during the POR: (1) China Steel 
Corporation; (2) Chung Hung Steel Corporation; (3) Great Fortune Steel 
Co., Ltd.; (4) Great Grandeul Steel Co., Ltd.; (5) Great Grandeul Steel 
Corporation; and (6) Xxentria Technology Materials Company Ltd. On May 
6, 2024, we notified parties of our intent to rescind this 
administrative review with respect to the six companies that had no 
reviewable suspended entries during the POR.\9\ No party to the 
proceeding provided comments on our Intent to Rescind Memorandum. As a 
result, we are rescinding this review, in part, with respect to the six 
entities listed above which had no entries in the POR.
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    \9\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated May 6, 2024 (Intent to Rescind Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. Export price was calculated in accordance with 
section 772 of the Act. Normal value was 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-Examined Company

    The Act and Commerce's regulations do not directly address the 
establishment of a rate to be applied to individual companies not 
selected for 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 review 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 this administrative review, we preliminarily calculated a 
dumping margin of zero percent for SYSCO. We preliminary calculated a 
dumping margin of 1.63 percent for Prosperity. Thus, we preliminary 
assigned to the non-selected company, Great Grandeul Steel Company 
Limited (Samoa),\10\ a weighted-average dumping margin of 1.63 percent, 
based on the rate calculated for Prosperity, the only rate that is not 
zero, de minimis, or based entirely on facts otherwise available.
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    \10\ We note that Great Grandeul Steel Company Limited (Samoa) 
was spelled incorrectly as Great Grandeul Steel Company Limited 
(Somoa) in the Initiation Notice. See Initiation Notice, 88 FR at 
62328.

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[[Page 71880]]

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following estimated weighted-average dumping margins exist for the 
period July 1, 2022, through June 30, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprises Co., Ltd........................        1.63
Sheng Yu Steel Co...........................................        0.00
Great Grandeul Steel Company Limited (Samoa)................        1.63
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice, 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).\11\
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    \11\ See 19 CFR 351.224(b).
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Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\12\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
five days after the date for filing case briefs.\13\ 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.\14\
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ 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 Procedures).
    \14\ See 19 CFR 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 briefs that 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.\15\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public 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 public 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).\16\
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    \15\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \16\ See APO and Service Procedures.
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, filed electronically via 
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\17\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Issues raised in the hearing will 
be limited to those raised in the case and rebuttal briefs. 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.\18\ 
Parties should confirm by telephone the date, time, and location of the 
hearing no fewer than two days before the scheduled date.
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    \17\ See 19 CFR 351.310(c).
    \18\ 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, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review and 
for future deposits of estimated duties, where applicable.\19\ 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).
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    \19\ See section 751(a)(2)(C) of the Act.
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    If the respective weighted-average dumping margins are above de 
minimis (i.e., 0.50 percent) in the final results of this review, we 
will calculate importer-specific ad valorem 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).\20\ If the respondent 
has not reported entered values, we will calculate a per-unit 
assessment rate for each importer by dividing the total amount of 
dumping calculated for the examined sales made to that importer by the 
total quantity associated with those sales. 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.
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    \20\ 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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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by the 
respondents for which they did not know that the merchandise was 
destined for the United States, we will instruct CBP to liquidate 
entries not reviewed at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.
    For the company which wase not selected for individual examination, 
we will instruct CBP to assess antidumping duties at an ad valorem 
assessment rate equal to the company-specific weighted-average dumping 
margin determined in the final results. For the companies for which the 
administrative review is rescinded, antidumping duties shall be 
assessed at a rate equal to the cash deposit of estimated antidumping 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon

[[Page 71881]]

publication of the notice of the final results of the administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results, as 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 rate is 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, 
then 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 11.04 percent, the all-others rate 
established in the Third Amended Final Determination.\21\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \21\ See Third Amended Final Determination, 88 FR at 58247.
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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

    We are issuing and publishing these results 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: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2024-19717 Filed 9-3-24; 8:45 am]
BILLING CODE 3510-DS-P