Notice2021-24266
Certain Steel Nails From Taiwan: Final Determination of No Shipments in the Antidumping Duty Administrative Review; 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
November 5, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that Create Trading Co., Ltd. (Create Trading), the sole company under review, made no shipments of certain steel nails from Taiwan during the period of review (POR), July 1, 2019, to June 30, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 212 (Friday, November 5, 2021)</title>
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[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61139-61140]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24266]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-854]
Certain Steel Nails From Taiwan: Final Determination of No
Shipments in the Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Create
Trading Co., Ltd. (Create Trading), the sole company under review, made
no shipments of certain steel nails from Taiwan during the period of
review (POR), July 1, 2019, to June 30, 2020.
DATES: Applicable November 5, 2021.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Determination of the
administrative review of certain steel nails from Taiwan on June 9,
2021.\1\ The review covers one company, Create Trading Co., Ltd., which
filed a statement of no sales.\2\
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\1\ See Certain Steel Nails from Taiwan: Preliminary
Determination of No Shipments in the Antidumping Duty Administrative
Review; 2019-2020, 86 FR 30590 (June 9, 2021) (Preliminary
Determination).
\2\ See Create Trading's Letter, ``Statement of No Sales to the
United States,'' dated September 21, 2020. Specifically, Create
Trading certified that all of its exports of subject merchandise
were produced by unaffiliated producers that had knowledge of final
destination to the United States at the time of sale to Create
Trading, and thus, Create Trading certified that it has no
reviewable sales for this POR.
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Scope of the Order \3\
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\3\ 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 merchandise covered by this Order is certain steel nails from
Taiwan. The certain steel nails subject to the Order are currently
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05,
7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18,
7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40,
7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80,
7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain
steel nails subject to this Order also may be classified under HTSUS
subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings.
While the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this Order is
dispositive. For a complete description of the scope of the Order, see
the Issues and Decision Memorandum.\4\
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination of No Shipments in the Antidumping Duty
Administrative Review: Certain Steel Nails from Taiwan; 2019-2020,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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[[Page 61140]]
Analysis of Comments Received
In the Issues and Decision Memorandum, we address the sole issue
raised in the case and rebuttal briefs submitted by interested parties.
In the appendix to this notice, we provide a list of the topics
discussed in the accompanying Issues and Decision Memorandum. 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 Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Determination of No Shipments
In the Preliminary Determination, Commerce determined that Create
Trading had no shipments of subject merchandise during the POR.\5\ As
we have not received any information to contradict this determination,
we continue to find that Create Trading had no shipments during the
POR.
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\5\ See Preliminary Determination, 86 FR at 30591.
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Assessment Rates
As discussed in the Preliminary Determination,\6\ consistent with
our reseller policy, we find it appropriate in this case to instruct
U.S. Customs and Border Protection (CBP) to liquidate any existing
entries of subject merchandise produced by Create Trading's
unaffiliated producers and attributed to Create Trading at the rate
applicable to the producer(s).\7\ Because none of the producer(s) have
their own rates, we will instruct CBP to liquidate entries at the all-
others rate from the investigation, as revised, of 2.16 percent,\8\ in
accordance with the reseller policy.\9\
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\6\ Id.
\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment of Antidumping Duties).
\8\ The all-others rate from the underlying investigation was
revised in Certain Steel Nails from Taiwan: Notice of Court Decision
Not in Harmony with Final Determination in Less than Fair Value
Investigation and Notice of Amended Final Determination, 82 FR
55090, 55091 (November 20, 2017) (Amended LTFV Final).
\9\ See Assessment of Antidumping Duties.
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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 in effect for all
shipments of the 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) For merchandise exported by manufacturers
or exporters 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 for the most recently-completed
segment; (2) if the exporter is not a firm covered in a prior review,
or the original investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recently
completed segment for the manufacturer of the merchandise; and (3) the
cash deposit rate for all other manufacturers or exporters will
continue to be 2.16 percent, the all-others cash deposit rate
established in the Amended LTFV Final. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
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 the POR. 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 Regarding Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective orders (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 of
the proceeding. Timely written notification of the 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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: November 1, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Discussion of the Issue
Comment: Whether to Publicly Disclose the Names of Create
Trading's Unaffiliated Suppliers
V. Recommendation
[FR Doc. 2021-24266 Filed 11-4-21; 8:45 am]
BILLING CODE 3510-DS-P
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