Notice2022-16821
Certain Corrosion-Resistant Steel Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 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 5, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that producers/exporters subject to this review made sales of subject merchandise at less than normal value during the period of review (POR) July 1, 2020, through June 30, 2021. We further preliminarily determine that Synn Industrial Co., Ltd. (Synn) had no shipments during the POR. We invite interested parties 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 47966-47968]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16821]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that producers/exporters subject to this review made sales
of subject merchandise at less than normal value during the period of
review (POR) July 1, 2020, through June 30, 2021. We further
preliminarily determine that Synn Industrial Co., Ltd. (Synn) had no
shipments during the POR. We invite interested parties to comment on
these preliminary results.
DATES: Applicable August 5, 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 and (202) 482-1678,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty (AD) order \1\ on certain corrosion-resistant steel products
(CORE) from Taiwan,\2\ covering the following four exporters/producers:
Prosperity Tieh Enterprise, Co., Ltd. (Prosperity); Sheng Yu Steel Co.,
Ltd. (SYSCO); Synn; and Yieh Phui Enterprise Co., Ltd. (YP). On March
29, 2022, we extended the preliminary results of this review to no
later than July 29, 2022.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 35065, 35066 (July 1, 2021); see also 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, 81 FR 48390 (July 25, 2016) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034, 50042-43 (September 7, 2021).
\3\ See Memorandum, ``Certain Corrosion-Resistant Steel Products
from Taiwan: Extension of Time Limit for Preliminary Results of
2020-2021 Antidumping Duty Administrative Review,'' dated March 29,
2022.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics included in the Preliminary Decision Memorandum is
included 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, the complete
Preliminary Decision Memorandum can be accessed directly at <a href="https://enforcement.trade.gov/frn/index.html">https://enforcement.trade.gov/frn/index.html</a>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 Antidumping Duty Administrative Review:
Certain Corrosion-Resistant Steel Products from Taiwan,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The products covered by the Order are 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. For a full description of the scope of the Order, see
the Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
On October 7, 2021, Synn submitted a letter certifying that it had
no exports or sales of subject merchandise into the United States
during the POR.\5\ Currently, the record contains no information which
contradicts Synn's claim, and we will revisit this issue following
these preliminary results if we receive additional information from
U.S. Customs and Border Protection (CBP). Therefore, we preliminarily
determine that Synn did not have any reviewable transactions during the
POR. Consistent with Commerce's practice, we will not rescind the
review with respect to Synn, but rather will complete the review and
issue instructions to CBP based on the final results.\6\
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\5\ See Synn's Letter, ``Corrosion-Resistant Steel Products from
Taiwan; No Shipment Certification,'' dated October 7, 2021.
\6\ 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,
51307 (August 28, 2014).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1) and (2) of Tariff Act of 1930, as amended (the Act). Export
price and constructed export price were calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Rate for Non-Selected Company
For the rate for companies not selected for individual examination
in an administrative review, generally, Commerce looks to section
735(c)(5) of
[[Page 47967]]
the Act, which provides instructions for calculating the all-others
rate in a less-than-fair-value (LTFV) investigation. 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
administrative review, we calculated a weighted-average dumping margin
each for Prosperity and YP that is not zero, de minimis, or based on
total facts available. The weighted-average dumping margin calculated
for SYSCO, the non-selected company, is an average of the weighted-
average dumping margins of the two mandatory respondents weighted by
the publicly ranged U.S. sales values of the mandatory respondents.\7\
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\7\ See Memorandum, ``Calculation of Non-Selected Rate in
Preliminary Results,'' dated concurrently with this notice; see also
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan,
and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
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Preliminary Results of Review
Commerce preliminarily determines the following weighted-average
dumping margins exist for the period July 1, 2020, through June 30,
2021:
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Prosperity Tieh Enterprise Co., Ltd......................... 6.46
Sheng Yu Steel Co., Ltd..................................... 5.83
Yieh Phui Enterprise Co., Ltd............................... 4.63
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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. For any individually examined respondents whose
weighted-average dumping margin is above de minimis (i.e., 0.50
percent), we will calculate importer-specific ad valorem AD assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\8\ We will instruct CBP
to assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is above de minimis (i.e., 0.50 percent).
Where either the respondent's weighted-average dumping margin is zero
or de minimis, or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to ADs. The assessment rate for ADs for SYSCO, which was
not selected for individual examination, will be equal to the weighted-
average dumping margin identified in the final results of review. The
final results of this review shall be the basis for the assessment of
ADs on entries of merchandise covered by the final results of this
review and for future deposits of estimated duties, where
applicable.\9\
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\8\ In these preliminary 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 Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
\9\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which they did not know their merchandise was destined
for the United States, or for entries associated with Synn, which had
no shipments during the POR, we will instruct CBP to liquidate entries
not reviewed at the all-others rate of 3.66 percent established in the
LTFV investigation \10\ if there is no rate for the intermediate
company(ies) involved in the transaction.\11\ We intend to issue
assessment instructions to CBP no earlier than 35 days after 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).
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\10\ 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).
\11\ 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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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of CORE from Taiwan entered, or withdrawn from warehouse,
for consumption on or after the date of publication, as provided by
section 751(a)(2) of the Act: (1) the cash deposit rate for each
company listed above will be equal to the dumping margins established
in the final results of this review except if the ultimate rates are de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rates will be zero; (2) for merchandise exported by
producers or exporters not covered in this administrative 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 of this proceeding in which the producer or
exporter participated; (3) if the exporter is not a firm covered in
this review, a prior review, or the original LTFV investigation but the
producer is, the cash deposit rate will be the rate established for 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 3.66 percent, the all-others rate
established in the Amended Final Determination.\12\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\12\ See Amended Final Determination.
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Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\13\
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\13\ See 19 CFR 351.224(b).
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Case briefs may be submitted to the Assistant Secretary for
Enforcement and Compliance. Interested parties may submit case briefs
no later than 30 days after the date of publication of this notice.\14\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than seven days after the date for filing case briefs
\15\ Parties who submit case briefs or rebuttal briefs in this
proceeding are requested to submit with the argument: (1) a statement
of the issue; (2) a summary of the argument; and (3) a table of
authorities.\16\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS. Note that
[[Page 47968]]
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\17\
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\14\ See 19 CFR 351.309(c)(1)(ii).
\15\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ See Temporary Rule.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\18\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, we will inform
parties of the scheduled date for the hearing at a time and location to
be determined.\19\ Parties should confirm by telephone the date, time,
and location of the hearing.
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also 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
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: July 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Rate for Respondent Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022-16821 Filed 8-4-22; 8:45 am]
BILLING CODE 3510-DS-P
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