Notice2022-16820
Certain Steel Nails From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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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 5, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review July 1, 2020, through June 30, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 150 (Friday, August 5, 2022)</title>
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[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 47978-47980]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16820]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-816]
Certain Steel Nails From Malaysia: Preliminary Results 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 finds
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value during the
period of review July 1, 2020, through June 30, 2021. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable August 5, 2022.
FOR FURTHER INFORMATION CONTACT: Emily Bradshaw or John K. Drury, 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) 482-3896 or (202)
482-0195, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 2021, Commerce published the notice of initiation
of the administrative review of the antidumping duty order on certain
steel nails from Malaysia.\1\ On February 23, 2022, we extended the
time limit for completion of these preliminary results to July 29,
2022, in accordance with section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act).\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation
Notice); see also 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 Memorandum, ``Certain Steel Nails from Malaysia:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021,'' dated February 23, 2022.
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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 the
Order, see the Preliminary Decision Memorandum.\3\
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\3\ See Memorandum, ``Certain Steel Nails from Malaysia:
Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021,'' dated concurrently with, and
hereby adopted by, this notice.
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Methodology
Commerce is conducting this review in accordance with section
751(a) 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
included as Appendix I to this notice. The Preliminary 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 Preliminary Decision Memorandum can be found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rate 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 individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we preliminarily calculated weighted-average
dumping margins for Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd.
(Inmax) and Region International Co., Ltd. and Region System Sdn. Bhd.
(Region) that are not zero, de minimis, or determined entirely on the
basis of facts available. For Inmax, we do not have publicly ranged
data and, therefore, are unable to calculate the weighted-average
margin using the publicly-ranged data. Accordingly, Commerce is
preliminarily assigning to the companies not individually examined,
listed in Appendix II, a margin of 5.32 percent which is the simple
average of the calculated weighted-average dumping margins for Inmax
and Region.
[[Page 47979]]
Preliminary Determination of No Shipments
On October 4, 2021, we received letters from Trinity Steel Private
Limited (Trinity),\4\ Geekay Wires Limited (Geekay),\5\ and Astrotech
Steels Private Limited (Astrotech),\6\ timely notifying Commerce that
they had no exports, sales, or entries of subject merchandise during
the POR. Commerce issued no shipment inquiries to U.S. Customs and
Border Protection (CBP), and CBP found no evidence of shipments from
any of these companies during the POR.\7\ Thus, based on record
evidence, we preliminarily determine that Astrotech, Geekay, and
Trinity had no shipments during the POR. Consistent with Commerce's
practice, we find that it is not appropriate to rescind the review with
respect to Astrotech, Geekay, and Trinity, but rather to complete the
review and issue appropriate instructions to CBP based on the final
results of this review.\8\
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\4\ See Trinity's Letter, ``Certain Steel Nails--Malaysia,
Notice of No sales during the Period of Review (POR),'' dated
October 4, 2021.
\5\ See Geekay's Letter, ``Certain Steel Nails--Malaysia,
Request for No Shipment during the Period of Review (POR),'' dated
October 4, 2021.
\6\ See Astrotech's Letter, ``Certain Steel Nails from Malaysia,
Request for No Shipment during the Period of Review (POR),'' dated
October 4, 2021.
\7\ See Memoranda, ``Certain Steel Nails from Malaysia; No
Shipment Inquiry for Astrotech Steels Private Limited during the
period 07/01/2020 through 06/30/2021,'' dated February 22, 2022;
``Certain Steel Nails from Malaysia; No Shipment Inquiry for Geekay
Wires Limited during the period 07/01/2020 through 06/30/2021,''
dated February 22, 2022; and ``Certain Steel Nails from Malaysia; No
Shipment Inquiry for Trinity Steel Private Limited during the period
07/01/2020 through 06/30/2021,'' dated February 22, 2022.
\8\ 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
(August 28, 2014); and Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period July 1, 2020, through June
30, 2021:
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Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
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Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd............... 4.89
Region International Co., Ltd. and Region System Sdn. Bhd... 5.74
Non-Selected Respondents \9\................................ 5.32
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Disclosure and Public Comment
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\9\ See Appendix II for the list of non-selected respondents.
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We intend to disclose the calculations performed to parties in this
administrative review within five days after public announcement of the
preliminary results, in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\10\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\11\ Parties who submit case briefs
or rebuttal briefs in this administrative review 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.\12\
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\10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'')
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\12\ See 19 CFR 351.303 (for general filing requirements).
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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. 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. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a time and date to be
determined. An electronically filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\13\
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\13\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, no later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results, Commerce shall determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries. If the weighted-average dumping margin for a
mandatory respondent is not zero or de minimis in the final results of
this review, we will calculate an importer-specific assessment rate on
the basis of the ratio of the total amount of dumping calculated for
each importer's examined sales and the total entered value of such
sales in accordance with 19 CFR 351.212(b)(1).\14\ If the weighted-
average dumping margin is zero or de minimis in the final results of
review, or if an importer-specific assessment rate is zero or de
minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\15\ For entries of subject
merchandise during the period of review produced by the respondents for
which they did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries.\16\
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\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\15\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\16\ 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.
[[Page 47980]]
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the final results of this
administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, as provided by section 751(a)(2)(C) 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 this administrative review; (2) for
merchandise exported by a company 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 less-than-
fair-value investigation but the producer is, then the cash deposit
rate will be the rate established in 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 2.66 percent, the all-others rate established in the
less-than-fair-value investigation.\17\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\17\ 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 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
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and
19 CFR 351.221(b)(4).
Dated: July 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Selected Companies
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II
List of Non-Selected Respondents
Airlift Trans Oceanic Pvt. Ltd.
Alsons Manufacturing India, LLP.
Astrotech Steels Pvt. Ltd.
Atlantic Marine Group Ltd.
Bluemoon Logistics Pvt. Ltd.
C.H. Robinson Worldwide Freight India Pvt., Ltd.
Chia Pao Metal Co., Ltd.
Chuan Heng Hardware Paints and Building Materials Sdn. Bhd.
Come Best (Thailand) Co., Ltd.
Dahnay Logistics Pvt., Ltd.
Gbo Fastening Systems AB.
Geekway Wires Limited.
Honour Lane Logistics Sdn., Bhd.
Honour Lane Shipping Ltd.
Impress Steel Wire Industries Sdn., Bhd.
Kerry-Apex (Thailand) Co., Ltd.
Kerry Indev Logistics Pvt., Ltd.
Kerry Logistics (M) Sdn., Bhd.
Kimmu Trading Sdn., Bhd.
Modern Factory for Steel Industries Co., Ltd.
Oman Fasteners LLC.
Orient Containers Sdn., Bhd.
Orient Express Container Co., Ltd.
RM Wire Industries Sdn. Bhd.
Royal Logistics.
SAR Transport Systems Pvt., Ltd.
Soon Shing Building Materials Sdn., Bhd.
Storeit Services LLP.
Tag Fasteners Sdn., Bhd.
Tag Staples Sdn., Bhd.
Tampin Sin Yong Wai Industry Sdn., Bhd.
Teamglobal Logistics Pvt., Ltd.
Top Remac Industries.
Trinity Steel Private Limited.
UD Industries Sdn., Bhd.
Vien Group Sdn., Bhd.
Watasan Industries Sdn., Bhd.
WWL India Private Ltd.
[FR Doc. 2022-16820 Filed 8-4-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 5, 2022.
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