Notice2021-16838
Certain Corrosion-Resistant Steel Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 6, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that producers/exporters subject to this review made sales of subject merchandise at less than normal value during the period of review (POR) July 1, 2019, through June 30, 2020. We further preliminarily determine that Synn Industrial Co., Ltd. (Synn) had no shipments during the POR. We are also rescinding this review for three companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 149 (Friday, August 6, 2021)</title>
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[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43185-43187]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16838]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review, Partial
Rescission of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers/exporters subject to this review made sales of subject
merchandise at less than normal value during the period of review (POR)
July 1, 2019, through June 30, 2020. We further preliminarily determine
that Synn Industrial Co., Ltd. (Synn) had no shipments during the POR.
We are also rescinding this review for three companies. We invite
interested parties to comment on these preliminary results.
DATES: Applicable August 6, 2021.
FOR FURTHER INFORMATION CONTACT: Charles Doss or Kate Sliney, 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) 482-4474 and (202) 482-2437,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty (AD) order on certain corrosion-resistant steel products (CORE)
from Taiwan,\1\ covering the following two respondents: (1) Prosperity
Tieh Enterprise Co., Ltd. (Prosperity); and (2) the previously
collapsed Yieh Phui Enterprise Co., Ltd. (YP) and Synn entity
(collectively, YP/Synn).\2\ On March 25, 2021, we extended the
preliminary results of this review to no later than July 30, 2021.\3\
For a complete description of the events that followed the initiation
of this review, see the Preliminary Decision Memorandum.\4\ A list of
topics included in the Preliminary Decision Memorandum is included 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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, the complete Preliminary
Decision Memorandum can be accessed directly at <a href="https://enforcement.trade.gov/frn/index.html">https://enforcement.trade.gov/frn/index.html</a>.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020).
\2\ In the less-than-fair-value (LTFV) investigation of the AD
order, we collapsed Prosperity, YP, and Synn and treated them as a
single entity. See Certain Corrosion-Resistant Steel Products from
Taiwan: Final Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical Circumstances, in Part,
81 FR 35313 (June 2, 2016), and accompanying Issues and Decision
Memorandum at Comment 3 (Taiwan CORE LTFV Final), unchanged in
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, 82 FR 48390 (July 25, 2016)
(Order). The determination to collapse Prosperity with Synn was
challenged by respondent parties in the investigation and was
subject to pending litigation in Taiwan CORE LTFV Final. In the
first antidumping duty administrative review, we determined to no
longer collapse Prosperity with YP and Synn, but we continued to
collapse YP and Synn and treated them as a single entity. See
Certain Corrosion-Resistant Steel Products From Taiwan: Preliminary
Results of Antidumping Duty Administrative Review and Partial
Rescission of Antidumping Duty Administrative Review; 2016-2017, 83
FR 39679 (August 10, 2018); unchanged in Certain Corrosion-Resistant
Steel Products From Taiwan: Final Results of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 64527 (December 17, 2018);
amended by Certain Corrosion-Resistant Steel Products From Taiwan:
Amended Final Results of Antidumping Duty Administrative Review;
2016-2017, 84 FR 5991 (February 25, 2019).
\3\ See Memorandum, ``Certain Corrosion-Resistant Steel Products
from Taiwan: Extension of Time Limit for Preliminary Results of the
2019-2020 Antidumping Duty Administrative Review,'' dated March 25,
2021.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of the 2019-2020 Antidumping Duty
Administrative Review: Certain Corrosion-Resistant Steel Products
from Taiwan,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ For the full text of the scope of the Order, see the
Preliminary Decision Memorandum.
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The products covered by the Order are 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. The subject merchandise is currently classifiable
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0040, 7210.49.0045, 7210.49.0091, 7210.49.0095, 7210.61.0000,
7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.6000,
7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000,
7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, and
7212.60.0000. The products subject to the orders may also enter under
the following HTSUS item numbers: 7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560,
7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.91.0000,
7225.92.0000, 7225.99.0090, 7226.99.0110, 7226.99.0130, 7226.99.0180,
7228.60.6000, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings
above are provided for convenience and customs purposes only. The
written description of the scope of the Order is dispositive.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On
November 30, 2020, Great Grandeul Steel Co., Ltd., Great Fortune Steel
Co., Ltd., and Great Grandeul Steel Company Limited (a.k.a. Great
Grandeul Steel Company Limited Somoa and Great Grandeul Steel Company
Limited (Somoa)) timely withdrew their self-request for an
administrative review. No other party requested a review of these
companies. Accordingly, we are rescinding this review, in part, with
respect to these companies, pursuant to 19 CFR 351.213(d)(1).
Preliminary Determination of No Shipments
On September 30, 2020, Synn submitted a letter certifying that it
had no exports or sales of subject merchandise into the United States
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during the POR.\6\ Currently, the record contains no information which
contradicts Synn's claim, and we will revisit this issue following
these preliminary results if we receive additional information from
U.S. Customs and Border Protection (CBP). Therefore, pursuant to our
preliminarily determination to treat YP and Synn as distinct
respondents for the purposes of this administrative review, as
discussed immediately below, we preliminarily determine that Synn did
not have any reviewable transactions during the POR. Consistent with
Commerce's practice, we will not rescind the review with respect to
Synn, but rather will complete the review and issue instructions to CBP
based on the final results.\7\
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\6\ See Synn's Letter, ``Corrosion-Resistant Steel Products from
Taiwan; No Shipment Certification,'' dated September 30, 2020.
\7\ 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,
51307 (August 28, 2014).
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Affiliation and Collapsing
As noted above, YP and Synn were collapsed and treated as a single
entity for the purposes of the LTFV investigation and prior
administrative reviews of this antidumping order. As a result, we
selected the YP/Synn entity as a single combined respondent and treated
it as such in the pre-preliminary phase of this review. Subsequently,
in the immediately preceding administrative review of this case, we
determined that YP and Synn should no longer be collapsed.\8\ As the
instant record mirrors that of the preceding review with respect to
this issue, and we have received no comments contesting the
determination not to collapse the YP/Synn entity, we preliminarily
determine that YP and Synn should not be collapsed in this review.\9\
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\8\ See Certain Corrosion-Resistant Steel Products from Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018-2019, 85 FR 74669
(November 23, 2020), unchanged in Certain Corrosion-Resistant Steel
Products from Taiwan: Final Results of the Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2018-
2019, 86 FR 28554 (May 27, 2021).
\9\ See Preliminary Decision Memorandum at Section V,
``Affiliation and Collapsing.''
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1) and (2) of Tariff Act of 1930, as amended (the Act). Export
price and constructed export price were calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of the Review
Commerce preliminarily determines the following weighted-average
dumping margins exist for the period July 1, 2019, through June 30,
2020:
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Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
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Prosperity Tieh Enterprise Co., Ltd..................... 3.63
Sheng Yu Steel Co., Ltd................................. 3.08
Yieh Phui Enterprise Co., Ltd........................... 1.97
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem AD 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).\10\ 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. 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 where
applicable.
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\10\ 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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For the company which was not selected for individual review (i.e.,
Sheng Yu Steel Co., Ltd.), we will assign an assessment rate based on
the weighted-average of the cash deposit rates calculated for the
companies selected for mandatory review (i.e., Prosperity and YP),
excluding any which are de minimis or determined entirely on adverse
facts available. 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.\11\
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\11\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which they did not know that their merchandise was
destined for the United States, we will instruct CBP to liquidate
entries not reviewed at the all-others rate of 3.66 percent established
in the LTFV investigation \12\ if there is no rate for the intermediate
company(ies) involved in the transaction.\13\ We intend to issue
assessment instructions to CBP no earlier than 35 days after 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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\12\ 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).
\13\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of CORE from Taiwan entered, or withdrawn from warehouse,
for consumption on or after the date of publication 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 rates are de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rates will be zero; (2)
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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, 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
3.66 percent, the all-others rate established in Amended Final
Determination.\14\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\14\ See Amended Final Determination.
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Verification
On December 3, 2020, AK Steel Corporation (AK Steel), a domestic
interested party, requested, pursuant to 19 CFR 351.307(b)(1)(v) that
Commerce conduct verification of the questionnaire responses of
Prosperity and YP.\15\ Commerce is currently unable to conduct on-site
verification of the information relied upon in making its final results
of this administrative review. Accordingly, we intend to take
additional steps in lieu of on-site verification to verify the
information. Commerce will notify interested parties of any additional
documentation or information required.
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\15\ See AK Steel's Letter, ``Petitioner's Request for
Verification,'' dated December 3, 2020.
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Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\16\ Case
briefs may be submitted to the Assistant Secretary for Enforcement and
Compliance. Interested parties will be notified of the timeline for the
submission of such case briefs and written comments at a later date.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than seven days after the date for filing case
briefs.\17\ Parties who submit case briefs or rebuttal briefs in this
proceeding are requested to submit with the argument: (1) A statement
of the issue, (2) a summary of the argument, and (3) a table of
authorities.\18\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\19\
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\16\ See 19 CFR 351.224(b).
\17\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020) (collectively, Temporary Rule).
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
\19\ See Temporary Rule.
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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, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\20\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. 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.\21\ Parties should confirm by telephone the date, time,
and location of the hearing.
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\20\ See 19 CFR 351.310(c).
\21\ 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.
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
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: July 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Affiliation and Collapsing
VI. Preliminary Determination of No Shipments
VII. Duty Absorption
VIII. Rate for Respondent Not Selected for Individual Examination
IX. Discussion of the Methodology
X. Currency Conversion
XI. Recommendation
[FR Doc. 2021-16838 Filed 8-5-21; 8:45 am]
BILLING CODE 3510-DS-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.