Notice2022-02640
Certain Corrosion-Resistant Steel Products From Taiwan: Final Results of the Antidumping Duty Administrative Review and Final 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
February 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that producers/exporters subject to this review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) July 1, 2019, through June 30, 2020. We further determine that Synn Co., Ltd. (Synn) had no shipments of subject merchandise during the POR.
Full Text
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<title>Federal Register, Volume 87 Issue 26 (Tuesday, February 8, 2022)</title>
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[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7106-7108]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02640]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan: Final
Results of the Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers/exporters subject to this review made sales of subject
merchandise at less than normal value (NV) during the period of review
(POR) July 1, 2019, through June 30, 2020. We further determine that
Synn Co., Ltd. (Synn) had no shipments of subject merchandise during
the POR.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT: Kate Sliney or Matthew Palmer, 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) 482-2437 or (202) 482-1678,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2021, Commerce published the Preliminary Results for
this administrative review.\1\ We invited interested parties to comment
on the Preliminary Results. This review covers two mandatory
respondents: Prosperity Tieh Enterprise Co., Ltd. (Prosperity) and Yieh
Phui Enterprise Co., Ltd. (Yieh Phui).\2\ We received case briefs from
AK Steel Corporation, California Steel Industries, and Steel Dynamics,
Inc. (collectively, the petitioners), Yieh Phui, and Prosperity.\3\ We
received rebuttal briefs from Yieh Phui and the petitioners.\4\ On
November 19, 2021, we extended the deadline for the final results of
this review to February 2, 2022.\5\ A complete summary of the events
that occurred since publication of the Preliminary Results is found in
[[Page 7107]]
the Issues and Decision Memorandum.\6\ Commerce conducted this review
in accordance with section 751 of the Tariff Act of 1930, as amended
(the Act).
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\1\ See 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, 86 FR 43185
(August 6, 2021) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ In the less-than-fair-value (LTFV) investigation of the AD
order, we collapsed Prosperity, Yieh Phui, 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). In the first 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). 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. 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). 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
continue to determine that YP and Synn should not be collapsed in
this review.
\3\ See Petitioners' Letter, ``Certain Corrosion-Resistant Steel
Products from Taiwan: Petitioners' Case Brief'' dated December 8,
2021 (Petitioners' Case Brief); Yieh Phui's Letter, ``Corrosion-
Resistant Steel Products from Taiwan; Case Brief,'' dated December
8, 2021 (Yieh Phui's Case Brief); and Prosperity's Letter, ``Certain
Corrosion-Resistant Steel Products from Taiwan, Case No. A-583- 856:
Prosperity Tieh's Case Brief,'' dated December 8, 2021 (Prosperity's
Case Brief).
\4\ See Yieh Phui's Letter, ``Corrosion-Resistant Steel Products
from Taiwan; Rebuttal Brief,'' dated December 15, 2021; see also
Petitioners' Letter, ``Certain Corrosion-Resistant Steel Products
from Taiwan: Petitioners' Rebuttal Brief,'' dated December 15, 2021
(Petitioners' Rebuttal Brief).
\5\ See Memorandum, ``Certain Corrosion-Resistant Steel Products
from Taiwan: Extension of Time Limit for the Final Results of
Antidumping Duty Administrative Review, 2019-2020,'' dated November
19, 2021.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Antidumping Duty Administrative
Review: Certain Corrosion-Resistant Steel Products from Taiwan,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order
The product covered by the Order is 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,
7210.49.0091, 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.\7\
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\7\ For the full text of the scope of the Order, see the Issues
and Decision Memorandum.
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Analysis of the Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the Issues and Decision Memorandum.\8\ A
list of the issues which parties raised, and to which we respond in the
Issues and Decision Memorandum, is attached in the 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 Centralized Electronic 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>.
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\8\ See Issues and Decision Memorandum.
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Changes Since the Preliminary Results
Based on a review of the record and analysis of the comments
received from interested parties, we made no changes to the preliminary
weighted-average margin calculation for Prosperity, and we made two
changes to the preliminary weighted-average margin calculation for Yieh
Phui. For detailed information, see the Issues and Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Synn made no shipments of subject merchandise during the POR.\9\ As we
have not received any information to contradict this determination, nor
comment in opposition to our preliminary finding, we continue to
determine that Synn made no shipments of subject merchandise during the
POR. Consistent with our practice, we will instruct U.S. Customs and
Border Protection (CBP) to liquidate any existing entries of subject
merchandise produced by Synn, but exported by other parties, at the
rate for the intermediate reseller, if available, or at the all-others
rate.
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\9\ See Preliminary Results, 86 FR 43185-86.
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Rate for Respondent Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual respondents 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 an
investigation, for guidance when calculating the rate for respondents
which we did not examine in an administrative review. Section
735(c)(5)(A) of the Act establishes a preference to avoid using rates
which are zero, de minimis, or based entirely on facts available (FA)
in calculating an all others rate. Accordingly, Commerce's practice in
administrative reviews has been to average the weighted-average dumping
margins for the companies selected for individual examination in the
administrative review, excluding rates that are zero, de minimis, or
based entirely on FA.\10\ For these final results of review, we
calculated a weighted-average dumping margin for both mandatory
respondents which is not zero, de minimis, or determined entirely on
the basis of FA.\11\ Accordingly, Commerce assigns to the company not
examined in this review (i.e., Sheng Yu Steel Co., Ltd.) a dumping
margin of 3.10 percent, which is the weighted average of the dumping
margins calculated using the public ranged sales data of Prosperity and
Yieh Phui.
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\10\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Reviews in
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying
Issues and Decision Memorandum at Comment 16.
\11\ In the case of two mandatory respondents, our practice is
to calculate: (A) A weighted average of the dumping margins
calculated for the mandatory respondents; (B) a simple average of
the dumping margins calculated for the mandatory respondents; and
(C) a weighted average of the dumping margins calculated for the
mandatory respondents using each company's publicly ranged values
for the merchandise under consideration. We compare (B) and (C) to
(A) and select the rate closest to (A) as the most appropriate rate
for all other companies. See Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2014-2016, 82 FR 31555, 31556 (July 7, 2017).
We have applied that practice here. See Memorandum, ``2019-2020
Antidumping Duty Administrative Review of Certain Corrosion-
Resistant Steel Products from Taiwan: Calculation of All-Others'
Rate in Final Results,'' dated concurrently with this notice.
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Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the respondents for the period July 1, 2019, through June 30,
2020:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Prosperity Tieh Enterprise Co., Ltd......................... 3.63
Sheng Yu Steel Co., Ltd..................................... 3.10
Yieh Phui Enterprise Co., Ltd............................... 2.05
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Disclosure
We intend to disclose to interested parties the calculations and
analysis performed for these final results within five days of the date
of the 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)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all
[[Page 7108]]
appropriate entries of subject merchandise in accordance with the final
results of this review. Pursuant to 19 CFR 351.212(b)(1), we calculated
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of dumping calculated for the examined sales to the
total entered value of those sales. Where either the respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), 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.\12\ For
entries of subject merchandise during the POR produced by the mandatory
respondents for which they did not know their merchandise was destined
for the United States, or for entries associated with Synn, who had no
shipments during the POR, 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.
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\12\ In these final 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 Duty Proceedings; Final Modification, 77
FR 8101 (February 14, 2012).
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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.\13\
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\13\ See section 751(a)(2)(C) of the Act.
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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 effective for all
shipments of 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) The cash deposit rate for the companies listed above will
be equal to the weighted-average dumping margins established in the
final results of this administrative review; (2) for merchandise
exported by producers or exporters not covered in this review but
covered in a prior completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
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 complete segment of this
proceeding, then the cash deposit rate will be the rate established for
the most recent period for the producer of the merchandise; (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 3.66 percent,\14\ the all-others rate from the Amended
Final Determination. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\14\ 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).
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Notification to Importers
This notice also 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.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: February 2, 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: Whether Yieh Phui's Reported Cost Information is
Reliable and Whether an Adverse Inference or Adjustment is
Appropriate
Comment 2: Whether To Modify the Transfer Price Cost Adjustment
for Inputs Sourced From Yieh Phui's Affiliated Suppliers
Comment 3: Whether To Include Various Income Items as Allowable
Offsets in the Calculation of Yieh Phui's General and Administrative
Expense Ratio
Comment 4: Treatment of Section 232 Duties
VI. Recommendation
[FR Doc. 2022-02640 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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