[Federal Register Volume 90, Number 92 (Wednesday, May 14, 2025)]
[Notices]
[Pages 20454-20456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08521]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-874]
Certain Steel Nails From the Republic of Korea: Final Results 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) finds that certain
producers/exporters of certain steel nails (steel nails) from the
Republic of Korea (Korea) 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.
DATES: Applicable May 14, 2025.
FOR FURTHER INFORMATION CONTACT: Ian Riggs, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3810.
SUPPLEMENTARY INFORMATION:
Background
On August 12, 2024, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ On November 25, 2024, we
extended the deadline for these final results to no later than February
7, 2025.\2\ On December 9, 2024, Commerce tolled certain deadlines in
this administrative proceeding by 90 days.\3\ The deadline for these
final results is now May 8, 2025. For a complete description of the
events that followed the Preliminary Results, see the Issues and
Decision Memorandum.\4\ Commerce conducted this administrative review
in accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Certain Steel Nails from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023, 89 FR 65588 (August 12, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
2022-2023 Antidumping Duty Administrative Review,'' dated November
25, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2022-2023 Administrative Review of the
Antidumping Duty Order on Certain Steel Nails from the Republic of
Korea,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order 5
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\5\ 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).
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The product covered by the Order is steel nails from Korea. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of the Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed is
attached as an 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
[[Page 20455]]
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.
Changes Since the Preliminary Results
Based on comments received from interested parties, we made certain
changes to the margin calculations for Korea Wire Co., Ltd. (KOWIRE)
and Nailtech Co., Ltd. (Nailtech) from the Preliminary Results.\6\
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\6\ For a full description of changes, see Issues and Decision
Memorandum.
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Rate for Respondents Not Selected for Individual Examination
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the weighted-average
dumping margin for respondents that were not individually examined in
an administrative review. Section 735(c)(5)(A) of the Act provides that
the all-others rate should be calculated by weight averaging the
weighted-average dumping margins determined for individually examined
respondents, excluding rates that are zero, de minimis, or based
entirely on facts available.
We calculated a weighted-average dumping margin of zero for one of
the two mandatory respondents, KOWIRE. Therefore, we have assigned a
dumping margin to the companies not selected for individual examination
in this review based on the rate calculated for the other mandatory
respondent, Nailtech. See Appendix II.
Final Results of Review
As a result of this review, we determine that the following
estimated weighted-average dumping margins exist for the period July 1,
2022, through June 30, 2023:
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\7\ See Appendix II.
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Weighted-
average
Producer/exporter dumping margin
(percent)
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Korea Wire Co., Ltd..................................... 0.00
Nailtech Co., Ltd....................................... 2.34
Companies Not Selected for Individual Examination \7\... 2.34
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Disclosure
Commerce intends to disclose to interested parties the calculations
performed for these final results of review within five days of any
public announcement or, if there is no public announcement, within five
date of the date of 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),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise covered by the final results of this review. Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication date 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).
Nailtech did not report the actual entered value for its U.S.
sales; thus, we calculated importer-specific per-unit duty assessment
rates by aggregating the total amount of antidumping duties calculated
for the examined sales and dividing this amount by the total quantity
of those sales. Where an importer-specific ad valorem assessment rate
is zero or de minimis, or a respondent's weighted-average dumping
margin is zero or de minimis, Commerce will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\8\
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\8\ See 19 CFR 351.212(c)(2).
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by KOWIRE or Nailtech
for which the reviewed companies did not know that the merchandise they
sold to the intermediary (i.e., a reseller, trading company, or
exporter) was destined for the United States.\9\ In such instances, 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.\10\
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\9\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
\10\ See Order, 80 FR at 39996.
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Finally, for the companies not selected for individual examination,
we will assign an assessment rate based on the review-specific rate,
calculated as noted in the ``Rate for Respondents Not Selected for
Individual Examination'' section, above.\11\
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\11\ See section 735(c)(5)(A) of the Act.
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Cash Deposit Instructions
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on, or after, the date of publication of
this notice in the Federal Register, as provided for 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 margin
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for previously investigated or reviewed companies not covered in
this review, the cash deposit rate will continue to be the company-
specific cash deposit rate published for the most recently completed
segment of this proceeding in which the company participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
the less-than-fair-value (LTFV) investigation, but the manufacturer is,
then the cash deposit rate will be the rate established for the most
recent segment for the manufacturer of the merchandise; and (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 11.80 percent, the all-others rate established in the
LTFV investigation.\12\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\12\ See Order, 80 FR at 39996.
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Notification to Importers
This notice 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 (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment
[[Page 20456]]
of the proceeding. Timely written notification of the return or
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 of Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 8, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Scope of the Order
V. Discussion of the Issues
Comment 1: KOWIRE's Weight Basis
Comment 2: KOWIRE's Cost Data
Comment 3: KOWIRE's and Nailtech's Scrap Offsets
Comment 4: Errors in Nailtech's Comparison Market Program
Comment 5: Nailtech's Reported Price Components
Comment 6: Nailtech's Reported Costs
VI. Recommendation
Appendix II
Companies Not Selected for Individual Examination
1. Daejin Steel Company
2. Hanmi Staple Co., Ltd.
3. Je-il Wire Production Co., Ltd.
4. Koram Inc.
5. Youngwoo Fasteners Co., Ltd.
[FR Doc. 2025-08521 Filed 5-13-25; 8:45 am]
BILLING CODE 3510-DS-P