Notice2022-02103
Certain Steel Nails From Malaysia: Final Results of 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
February 2, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that certain steel nails from Malaysia were not sold at less than normal value during the period of review (POR), July 1, 2019, through June 30, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 22 (Wednesday, February 2, 2022)</title>
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[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5794-5795]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02103]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-816]
Certain Steel Nails From Malaysia: Final Results of Antidumping
Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
steel nails from Malaysia were not sold at less than normal value
during the period of review (POR), July 1, 2019, through June 30, 2020.
DATES: Applicable February 2, 2022.
FOR FURTHER INFORMATION CONTACT: Preston Cox, 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) 482-5041.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2021, Commerce published the Preliminary Results of
the 2019-2020 administrative review of the antidumping duty order on
certain steel nails from Malaysia.\1\ We invited interested parties to
comment on the Preliminary Results.\2\ On November 22, 2021, we
extended the deadline for these final results until January 28,
2022.\3\ This review covers one mandatory respondent: Region.\4\ The
producers/exporters not selected for individual examination are listed
in the ``Final Results of the Administrative Review'' section of this
notice. For a complete description of the events that followed the
Preliminary Results, see the Issues and Decision Memorandum.\5\
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Steel Nails from Malaysia: Preliminary Results
and Partial Rescission of Antidumping Duty Administrative Review;
2019-2020, 86 FR 41813 (August 3, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Preliminary Results, 86 FR at 41814.
\3\ See Memorandum, ``Certain Steel Nails from Malaysia:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review; 2019-2020,'' dated November 22, 2021.
\4\ Commerce continues to treat affiliates Region International
Co. Ltd. and Region System Sdn. Bhd. (collectively, Region) as a
collapsed single entity for the final results of this review. See
Preliminary Results PDM at 5-6.
\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2019-2020 Administrative Review of the Antidumping Duty Order
on Certain Steel Nails from Malaysia,'' dated concurrently with, and
hereby adopted by, this notice (Issues and 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 this
administrative review, see the Issues and Decision Memorandum.\6\
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\6\ See Issues and Decision Memorandum at 2-4.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this review are discussed in the Issues and
Decision Memorandum. The Issues and Decision Memorandum is a public
document and is made available to the public 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 found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of the topics included in the
Issues and Decision Memorandum is attached as an appendix to this
notice.
Changes Since the Preliminary Results
Based on the comments received from interested parties regarding
our Preliminary Results, and for the reasons explained in the Issues
and Decision memorandum, we made no changes to the margin calculation
methodology used in the Preliminary Results; however, we have changed
the margin for these final results of review, as discussed in the
Issues and Decision Memorandum.
Rates 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
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individually investigated, excluding any zero and de minimis margins,
and any margins determined entirely {on the basis of facts
available{time} .
For these final results, we have calculated a weighted-average
dumping margin for Region that is zero or de minimis, and we have not
calculated any margins which are not zero, de minimis, or determined
entirely on the basis of facts available. Accordingly, we have assigned
to the companies not individually examined a margin of zero percent.
Final Results of the Administrative Review
We determine that the following estimated weighted-average dumping
margins exist for the period July 1, 2019, through June 30, 2020:
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Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
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Region International Co., Ltd. and Region System Sdn. Bhd... 0.00
Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd\7\............ 0.00
Tag Fasteners Sdn. Bhd...................................... 0.00
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Disclosure of Calculations
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\7\ Commerce continues to treat Inmax Sdn. Bhd. and Inmax
Industries Sdn. Bhd. as a collapsed single entity for the final
results of this review. See Preliminary Results, 86 FR at 41814.
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Normally, Commerce discloses to the parties in a proceeding the
calculations performed in connection with the final results of review
in accordance with 19 CFR 351.224(b). However, because Commerce made no
adjustments to the margin calculation methodology used in the
Preliminary Results, there are no calculations to disclose for the
final results of review.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Because we calculated a margin for Region which is zero or
de minimis in the final results of this review, we intend to instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties. For the companies identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rates established in these final results of review.
For entries of subject merchandise during the period of review
produced by any of these companies 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.\8\
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\8\ 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). 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.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of these final
results for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the publication
date, as provided by section 751(a)(2) 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 the review; (2) for merchandise exported by producers 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 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 original investigation but the producer has been
covered in a prior completed segment of this proceeding, then the cash
deposit rate will be the rate established in the completed segment for
the most recent period 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.\9\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\9\ See Certain Steel Nails from Malaysia: Amended Final
Determination of Sales at Less Than Fair Value, 80 FR 34370 (June
16, 2015).
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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
This notice also serves as a reminder to parties subject to
administrative protective order (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 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 to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221.
Dated: January 26, 2022.
Lisa W. Wang,
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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Application of Adverse Facts Available
Comment 2: Clerical Error
Comment 3: Correction to Draft Liquidation Instructions
VI. Recommendation
[FR Doc. 2022-02103 Filed 2-1-22; 8:45 am]
BILLING CODE 3510-DS-P
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