Notice2023-02213
Certain Corrosion-Resistant Steel Products From Taiwan: Final Results of the Antidumping Duty Administrative Review and Final 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
February 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2020, through June 30, 2021. 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 88 Issue 23 (Friday, February 3, 2023)</title>
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[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7408-7410]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02213]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through June 30, 2021. We further determine that
Synn Co., Ltd. (Synn) had no shipments of subject merchandise during
the POR.
DATES: Applicable February 3, 2023.
FOR FURTHER INFORMATION CONTACT: Patrick Barton 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) 482-0012 or (202)
482-1678, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2022, Commerce published the Preliminary Results for
[[Page 7409]]
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). We received a case brief from
Prosperity.\2\ A complete summary of the events that occurred since
publication of the Preliminary Results is found in the Issues and
Decision Memorandum.\3\ Commerce conducted this review in accordance
with section 751(a) 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 and
Preliminary Determination of No Shipments; 2020-2021, 87 FR 47966
(August 5, 2022) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Prosperity's Letter, ``Certain Corrosion-Resistant Steel
Products from Taiwan, Case No. A-583-856: Prosperity Tieh's Case
Brief,'' dated September 13, 2022.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues
and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ See 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).
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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. For the full text of the scope of the Order, see the
Issues and Decision Memorandum.
Analysis of the Comments Received
All issues raised in the case brief are addressed in the Issues and
Decision Memorandum.\5\ 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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\5\ 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 Prosperity, we made changes to the preliminary weighted-
average dumping margins calculations for Prosperity and 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 into the United States
during the POR.\6\ 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.\7\
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\6\ See Preliminary Results, 87 FR at 47966.
\7\ See, e.g., 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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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 states that the all-others rate shall be equal
to the weighted-average dumping margins of those exporters and
producers individually examined, excluding any rates which are zero, de
minimis, or based entirely on facts available (FA). 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.\8\ For these final
results of review, we calculated weighted-average dumping margins for
both mandatory respondents which are not zero, de minimis, or
determined entirely on the basis of FA.\9\ Accordingly, Commerce
assigns to the company not examined in this review (i.e., Sheng Yu
Steel Co., Ltd.) a dumping margin of 3.38 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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\8\ 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.
\9\ 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.
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Final Results of Review
We determine that the following weighted-average dumping margins
exist for the respondents for the period July 1, 2020, through June 30,
2021:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Prosperity Tieh Enterprise Co., Ltd......................... 3.64
Sheng Yu Steel Co., Ltd..................................... 3.38
Yieh Phui Enterprise Co., Ltd............................... 2.88
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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 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
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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.\10\ 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, which 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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\10\ 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.\11\
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\11\ 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,\12\ 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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\12\ 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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: January 27, 2023.
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 to Analyze Transactions between Prosperity
and its Affiliate, Hong-Ye Steel Co., Ltd. (Hong Ye), Under Section
773(f)(2) of the Act, as well as Whether to Include Hong Ye's
Purchases in the Market Price Valuation
Comment 2: Treatment of All Prosperity's Home Market Sales
Comment 3: Whether to Adjust Prosperity's Production Quantities
Assigned to Surrogate Costs
VI. Recommendation
[FR Doc. 2023-02213 Filed 2-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 3, 2023.
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