Notice2022-16643
Certain Steel Nails From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2020-2021
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 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Daejin Steel Company (Daejin) and Korea Wire Co., Ltd. (KOWIRE), the producers and/or exporters subject to this administrative review, made sales of certain steel nails (steel nails) from the Republic of Korea (Korea) at less than normal value (NV) during the period of review (POR) July 1, 2020, through June 30, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 149 (Thursday, August 4, 2022)</title>
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[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47704-47706]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16643]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-874]
Certain Steel Nails From the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review and Partial
Rescission of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Daejin Steel Company (Daejin) and Korea Wire Co., Ltd.
(KOWIRE), the producers and/or exporters subject to this administrative
review, made sales of certain steel nails (steel nails) from the
Republic of Korea (Korea) at less than normal value (NV) during the
period of review (POR) July 1, 2020, through June 30, 2021.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT: Eva Kim and Reginald Anadio, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8283 or (202) 482-3166,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 13, 2015, Commerce published the Order in the Federal
Register.\1\ On July 1, 2021, we published a notice of opportunity to
request an administrative review of the Order.\2\ On September 7, 2021,
based on timely requests for review, in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act), we initiated an
administrative review of the Order on steel nails from Korea covering
the following individually-examined companies: Daejin and KOWIRE.\3\ On
March 11, 2022, pursuant to section 751(a)(3)(A) of the Act, Commerce
extended the preliminary results of this review to no later than July
29, 2022.\4\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 86 FR 35065 (July 1, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021).
\4\ See Memorandum, ``Certain Steel Nails from the Republic of
Korea: Extension of Deadline for Preliminary Results of the 2020-
2021 Antidumping Duty Administrative Review,'' dated March 11, 2022.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Steel Nails from the Republic of Korea; 2020-2021,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Partial Rescission of Administrative 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 the notice of initiation of the requested review. On
July 29, 2021, Mid Continent Steel & Wire, Inc. (the petitioner)
requested an administrative review of 213 producers and/or exporters,
including Daejin and KOWIRE. On September 21, 2021, the petitioner
timely withdrew its request for 209 of the 213 companies.\6\
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\6\ See Petitioner's Letter, ``Certain Steel Nails from Korea--
Withdrawal of Review Request,'' dated September 21, 2021.
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Because all requests for administrative review of the 209 companies
were timely withdrawn, and no other parties requested review of these
companies, Commerce is rescinding this review, in part, with respect to
these 209 companies. On October 5, 2021, based on U.S. Customs and
Border Protection (CBP) data, we selected Daejin and KOWIRE as the
mandatory respondents in this administrative review.\7\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.
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\7\ See Memorandum, ``2020-2021 Administrative Review of the
Antidumping Duty Order on Certain Steel Nails from the Republic of
Korea: Respondent Selection,'' dated October 5, 2021.
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Scope of the Order
The merchandise subject to the Order is steel nails from Korea. For
a complete description of the scope of the Order, see Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Export price is calculated in
accordance with section 772 of the Act. NV is calculated in accordance
with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as the 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, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx/">https://access.trade.gov/public/FRNoticesListLayout.aspx/</a>.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period July 1,
2020, through June 30, 2021:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Daejin Steel Company........................................ 4.38
Korea Wire Co., Ltd......................................... 0.75
Je-il Wire Production Co., Ltd.............................. 2.57
Koram Inc................................................... 2.57
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\8\ Interested
parties may submit case briefs to Commerce no later than 30 days after
[[Page 47705]]
the date of publication of this notice.\9\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the deadline for filing case briefs.\10\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) a statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\11\ Case and rebuttal
briefs should be filed using ACCESS.\12\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance filed electronically via
ACCESS within 30 days after the date of publication of this notice.\13\
Hearing requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the briefs. If a request for a hearing is
made, parties will be notified of the time and date for the
hearing.\14\ An electronically-filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of these preliminary results, unless otherwise extended.\15\
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\15\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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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.\16\ For the companies for which we have rescinded this
review, Commerce intends to instruct CBP to assess antidumping duties
on all appropriate entries at a rate equal to the cash deposit rate of
estimated antidumping duties required at the time of entry, or
withdrawn from warehouse, for consumption, during the POR, in
accordance with 19 CFR 351.212(c)(1)(i).
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\16\ See 19 CFR 351.212(b)(1).
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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 the sales for which entered value was reported. 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
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 and for future deposits of estimated duties,
where applicable.\17\
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\17\ See section 751(a)(2)(C) of the Act.
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For the companies (i.e., Je-il Wire Production Co., Ltd and Koram
Inc.) that were not selected for individual examination, we will
instruct CBP to assess antidumping duties at an ad valorem rate equal
to the companies' weighted-average dumping margins determined in the
final results of this review.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by companies included in
these preliminary results of review for which the reviewed companies
did not know that the merchandise it sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. 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.\18\
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\18\ 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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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 deposit requirements will be effective 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) 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 reviewed or investigated 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 in which the company was reviewed; (3) if the exporter is not a
firm covered in this review, a prior review, or the original less-than-
fair-value (LTFV) investigation, but the producer is, then the cash
deposit rate will be the cash deposit rate established for the most
recently completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 11.80 percent, the all-others rate
established in the LTFV investigation.\19\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\19\ 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).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4) and 351.213(d)(4).
Dated: July 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
[[Page 47706]]
III. Scope of the Order
IV. Rescission of Review, In Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-16643 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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