Notice2023-02614
Certain Steel Nails from Malaysia: Final Results 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
February 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain steel nails from Malaysia were sold at less than normal value during the period of review (POR), July 1, 2020, through June 30, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 26 (Wednesday, February 8, 2023)</title>
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[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Notices]
[Pages 8257-8259]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02614]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-816]
Certain Steel Nails from Malaysia: Final 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) determines that
certain steel nails from Malaysia were sold at less than normal value
during the period of review (POR), July 1, 2020, through June 30, 2021.
DATES: Applicable February 8, 2023.
FOR FURTHER INFORMATION CONTACT: John Drury or Emily Bradshaw, 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) 482-0195 and (202) 482-3956.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2022, Commerce published the Preliminary Results of
the 2020-2021 administrative review of the antidumping duty order on
certain steel nails from Malaysia.\1\ We invited interested parties to
comment on the Preliminary Results.\2\ On November 21, 2022, we
extended the deadline for these final results until February 1,
2023.\3\ This review covers two mandatory respondents: Region and
Inmax.\4\ The producers/exporters not selected for individual
examination are referenced in the ``Final Results of Review'' section
below and listed in Appendix II of this notice. For a complete
description of the events that followed the Preliminary Results, see
the Issues and Decision Memorandum.\5\ Commerce conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
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\1\ See Certain Steel Nails from Malaysia: Preliminary Results
of Antidumping Duty Administrative Review; 2020-2021, 87 FR 47978
(August 5, 2022) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Preliminary Results, 87 FR at 47978.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2020-2021,'' dated November
21, 2022.
\4\ As in the last completed administrative review, Commerce
continues to treat Region International Co. Ltd. and Region System
Sdn. Bhd. (collectively, Region) as a collapsed single entity, and
to treat Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd.
(collectively, Inmax) as a collapsed single entity in this
administrative review. See, e.g., Certain Steel Nails from Malaysia:
Final Results of Antidumping Duty Administrative Review; 2019-2020,
87 FR 5794 (February 2, 2022).
\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2020-2021 Administrative Review of the Antidumping Duty Order
on Certain Steel Nails from Malaysia,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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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 Issues and Decision Memorandum.\6\
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\6\ Id. at 2-4.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this review are discussed in the Issues and
Decision Memorandum. A list of the topics included in the Issues and
Decision Memorandum is attached as Appendix I to this notice. The
Issues and 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 Issues and Decision Memorandum can
be found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Astrotech
Steels Private Limited, Trinity Steel Private Limited, and Geekay Wires
Limited made no shipments of the subject merchandise to the United
States during the POR. No parties commented on this determination.
Therefore, for the final results of review, we continue to find that
these companies made no shipments of subject merchandise to the United
States during the POR. Consistent with our practice, we will issue
appropriate instructions to U.S. Customs and Border Protection (CBP)
based on our final results.
Changes Since the Preliminary Results
Based on the comments received from interested parties regarding
our Preliminary Results, we made certain changes to the margin
calculation methodology used in the Preliminary Results and have
changed the dumping margin for these final results of review, as
discussed in the Issues and Decision Memorandum.
Rates 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
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average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero and 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 and Region that are not zero, de minimis, or
determined entirely on the basis of facts available.\7\ For the final
results, we continue to calculate weighted-average dumping margins for
Inmax and Region that are not zero, de minimis, or determined entirely
on the basis of facts available. For Inmax, we do not have publicly-
ranged export data and, therefore, we are unable to calculate the rate
assigned to companies not individually examined based on a weighted-
average of the two mandatory respondents' margins using publicly-ranged
export data. Accordingly, Commerce continues to assign to the companies
not individually examined, listed in Appendix II, a margin of 1.26
percent which is the simple average of the calculated weighted-average
dumping margins for Inmax and Region.
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\7\ See Preliminary Results.
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Final Results of Review
We determine that the following 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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Region International Co., Ltd./Region System Sdn. Bhd........ 1.21
Inmax Sdn. Bhd./Inmax Industries Sdn. Bhd.................... 1.30
Non-Selected Respondents \8\................................. 1.26
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Disclosure of Calculations
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\8\ See Appendix II for the list of non-selected respondents.
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Commerce intends to disclose the calculations performed for these
final results within five days after the date of the public
announcement of these final results, or if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Commerce shall determine, and CBP shall assess, antidumping duties
on all appropriate entries.\9\ For any individually examined
respondents whose weighted-average dumping margin is above de minimis,
we calculated importer-specific ad valorem duty 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). Upon issuance of the
final results of this administrative review, if any importer-specific
assessment rates calculated in the final results are above de minimis
(i.e., at or above 0.5 percent), Commerce will issue instructions
directly to CBP to assess antidumping duties on appropriate entries.
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\9\ 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 Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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To determine whether the duty assessment rates covering the period
were de minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), we calculated importer (or customer)-specific ad valorem
rates by aggregating the amount of dumping calculated for all U.S.
sales to that importer or customer and dividing this amount by the
total entered value of the sales to that importer (or customer). Where
an importer (or customer)-specific ad valorem rate is greater than de
minimis, and the respondent has reported reliable entered values, we
will apply the assessment rate to the entered value of the importer's/
customer's entries during the POR.
For the companies identified in Appendix II that were not selected
for individual examination, we will instruct CBP to liquidate entries
at the rates established in these final results of review.
For entries of subject merchandise during the POR produced by any
of these companies for which they did not know their merchandise was
destined for the United States, we will instruct CBP to liquidate such
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\10\
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\10\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue appropriate assessment instructions
directly 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 upon
publication in the Federal Register of the notice of these final
results for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the publication
date, as provided by section 751(a)(2) 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 the review; (2) for merchandise exported by producers or
exporters 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 original investigation but the producer has been
covered in a prior completed segment of this proceeding, then the cash
deposit rate will be the rate established in the completed segment for
the most recent period 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.\11\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\11\ 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 Regarding the Reimbursement of Duties
This notice 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 return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business
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proprietary information in this segment of the proceeding. Timely
written notification of the return or 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
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221.
Dated: February 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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
A. Region-Specific Issues
Comment 1: Adverse Facts Available (AFA) with Respect to Cost of
Production
Comment 2: AFA with Respect to Labor and Electricity Costs
Comment 3: Correction of the Difference-In-Merchandise
Calculation
Comment 4: Quarterly Costs
Comment 5: Correction to Draft Liquidation Instructions
B. Inmax-Specific Issues
Comment 6: Application of AFA With Respect to Unreliable Cost
Information
Comment 7: Interest Expense Ratio
Comment 8: Ministerial Error Allegations
VI. Recommendation
Appendix II
List of Non-Selected Respondents
Airlift Trans Oceanic Pvt. Ltd.
Alsons Manufacturing India, LLP.
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.
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.
UD Industries Sdn., Bhd.
Vien Group Sdn., Bhd.
Watasan Industries Sdn., Bhd.
WWL India Private Ltd.
[FR Doc. 2023-02614 Filed 2-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 8, 2023.
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