Notice2023-03156
Certain Steel Nails From the Republic of Korea: 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 15, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines 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) in the United States at prices below 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 88 Issue 31 (Wednesday, February 15, 2023)</title>
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[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Notices]
[Pages 9863-9865]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03156]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-874]
Certain Steel Nails From the Republic of Korea: 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 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) in
the United States at prices below normal value (NV) during the period
of review (POR), July 1, 2020, through June 30, 2021.
DATES: Applicable February 15, 2023.
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.
[[Page 9864]]
SUPPLEMENTARY INFORMATION:
Background
On August 4, 2022, Commerce published the Preliminary Results of
this administrative review and we invited interested parties to
comment.\1\ On October 31, 2022, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce
extended the deadline for issuing these final results until January 31,
2023.\2\ A summary of the events that occurred since Commerce published
the Preliminary Results, as well as a full discussion of the issues
raised by parties for these final results, are discussed in the Issues
and Decision Memorandum.\3\
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\1\ See 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, 87 FR 47704 (August 4, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
the 2020-2021 Antidumping Duty Administrative Review,'' dated
October 31, 2022.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Certain
Steel Nails from the Republic of Korea; 2020-2021,'' 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 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).
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The product covered by this Order is steel nails from Korea. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed 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 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 accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on comments received from interested parties regarding our
Preliminary Results and our review of the record to address those
comments, we made changes to the preliminary weighted-average dumping
margin calculations for Daejin and KOWIRE, as detailed in the Issues
and Decision Memorandum.\5\
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\5\ See Issues and Decision Memorandum at Comments 4, 5, 6, 10,
and 11.
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Rate for Non-Examined Companies
The Act 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, when
calculating margins for non-selected respondents, Commerce looks to
section 735(c)(5) of the Act for guidance, which provides instructions
for calculating the all-others rate in an investigation. Section
735(c)(5)(A) of the Act provides that when calculating the all-others
rate, Commerce will exclude any zero and de minimis weighted-average
dumping margins, as well as any weighted-average dumping margins based
on total facts available. Accordingly, Commerce's usual practice has
been to average the margins for selected respondents, excluding margins
that are zero, de minimis, or based entirely on facts available. For
these final results, we have calculated dumping margins for the two
mandatory respondents, Daejin and KOWIRE, that are above de minimis and
not based on total facts available. Therefore, in accordance with
section 735(c)(5)(A) of the Act, Commerce assigned to the companies not
individually examined (i.e., Je-il Wire Production Co., Ltd. and Koram
Inc.), listed in the chart below, a margin of 2.64 percent which is the
simple average of Daejin's and KOWIRE's calculated weighted-average
dumping margins for these final results.\6\
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\6\ Commerce was unable to compare a simple average to a
weighted-average relative to publicly available data because public
data for volume of U.S. sales were not available for respondents.
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Final Results of Review
As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Daejin Steel Company........................................ 4.52
Korea Wire Co., Ltd......................................... 0.75
Je-il Wire Production Co., Ltd.............................. 2.64
Koram Inc................................................... 2.64
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Disclosure
Commerce intends to disclose the calculations performed for these
final results 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 has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with these final results of
review.\7\ 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
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.
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\7\ See 19 CFR 351.212(b).
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by companies included in
these final 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.\8\ 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).
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\8\ 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 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
[[Page 9865]]
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 that is established in the final results of this review; (2) for
previously investigated or reviewed companies not subject to this
review, 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 company participated; (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, 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 and
exporters will continue to be 11.80 percent ad valorem, the all-others
rate established in the LTFV investigation.\9\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\9\ See Order.
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Notification to Importers Regarding the Reimbursement of Duties
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 the POR. 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 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
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5)
and 19 CFR 351.213(h)(1).
Dated: January 31, 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. Discussion of the Issues
Daejin and KOWIRE
Comment 1: Whether Commerce's Differential Pricing Analysis Is
Contrary to Widely Accepted Statistical Principles and Is Not
Supported By Substantial Evidence
Daejin:
Comment 2: Whether Commerce Should Allocate Daejin's ``Taxes and
Dues'' Entirely to General and Administrative (G&A) Expenses
Comment 3: Whether Commerce Should Include All of Daejin's
Miscellaneous Losses in G&A Expenses Calculation of the G&A Expense
Ratio
Comment 4: Whether Commerce Should Revise its Allocation of
Miscellaneous Revenue and Depreciation Expenses Within G&A Expenses
Comment 5: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) For Daejin's Failure to Report Verifiable and
Reliable Cost and Sales Data
Comment 6: Whether Commerce Should Apply Partial AFA to Daejin's
Dumping Margin
Comment 7: Whether Commerce Should Clarify Certain Statements In
Its Verification Report
KOWIRE:
Comment 8: Whether Commerce Should Find that KOWIRE Failed to
Report Consistent Data and Apply AFA to KOWIRE
Comment 9: Whether Commerce Should Continue to Rely on the Cost
Database Used in the Preliminary Results
Comment 10: Whether Commerce Should Revise the Inventory
Carrying Cost Calculation
Comment 11: Whether Commerce Should Use KOWIRE's Submitted
Entered Values to Calculate the Importer-Specific Assessment Rate
V. Recommendation
[FR Doc. 2023-03156 Filed 2-14-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 15, 2023.
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