Notice2023-05210
Certain Steel Nails From Malaysia: Amended 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
March 14, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending its final results in the administrative review of the antidumping duty order on certain steel nails (nails) from Malaysia for the period July 1, 2020, through June 30, 2021, to correct certain ministerial errors.
Full Text
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<title>Federal Register, Volume 88 Issue 49 (Tuesday, March 14, 2023)</title>
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[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15660-15663]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05210]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-816]
Certain Steel Nails From Malaysia: Amended 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) is amending its
final results in the administrative review of the antidumping duty
order on certain steel nails (nails) from Malaysia for the period July
1, 2020, through June 30, 2021, to correct certain ministerial errors.
DATES: Applicable March 14, 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 or (202) 482-3896.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2023, Commerce published the final results of the
2020-2021 administrative review of nails from Malaysia.\1\ On February
8, 2023, Commerce received a timely filed allegation from Mid Continent
Steel & Wire, Inc. (the petitioner) with regard to the calculation of
the final dumping margin for respondent Region International Co., Ltd.
and Region System Sdn. Bhd (collectively, Region).\2\ Also on February
8, 2023, Commerce
[[Page 15661]]
received a timely filed allegation from Inmax Sdn. Bhd. and Inmax
Industries Sdn. Bhd (collectively, Inmax) that Commerce made
ministerial errors in the Final Results with regard to its calculation
of the final dumping margin for Inmax.\3\ Based on our analysis of
these allegations, we determine that we made ministerial errors, and we
have made changes to the calculation of the weighted-average dumping
margin for Region, Inmax, and for the non-selected respondents.\4\
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\1\ See Certain Steel Nails from Malaysia: Final Results of
Antidumping Duty Administrative Review; 2020-2021, 88 FR 8257
(February 8, 2023) (Final Results) and accompanying Issues and
Decision Memorandum (IDM).
\2\ See Petitioner's Letter, ``Ministerial Error Comments,''
dated February 8, 2023 (Petitioner Ministerial Allegation Letter).
\3\ See Inmax's Letter, ``Ministerial Error Comments,'' dated
February 8, 2023 (Inmax Ministerial Allegation Letter).
\4\ See Memorandum ``Ministerial Error Memorandum for the
Amended Final. Results of the 2020-2021 Administrative Review of the
Antidumping Duty Order on Certain Steel Nails from Malaysia,'' dated
concurrently with this notice (Ministerial Error Memorandum).
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Scope of the Order
The merchandise covered by the order is certain steel nails having
a nominal shaft length not exceeding 12 inches.\5\ Certain steel nails
include, but are not limited to, nails made from round wire and nails
that are cut from flat-rolled steel. Certain steel nails may be of one
piece construction or constructed of two or more pieces. Certain steel
nails may be produced from any type of steel, and may have any type of
surface finish, head type, shank, point type and shaft diameter.
Finishes include, but are not limited to, coating in vinyl, zinc
(galvanized, including but not limited to electroplating or hot dipping
one or more times), phosphate, cement, and paint. Certain steel nails
may have one or more surface finishes. Head styles include, but are not
limited to, flat, projection, cupped, oval, brad, headless, double,
countersunk, and sinker. Shank styles include, but are not limited to,
smooth, barbed, screw threaded, ring shank and fluted. Screw-threaded
nails subject to this proceeding are driven using direct force and not
by turning the nail using a tool that engages with the head. Point
styles include, but are not limited to, diamond, needle, chisel and
blunt or no point. Certain steel nails may be sold in bulk, or they may
be collated in any manner using any material.
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\5\ The shaft length of certain steel nails with flat heads or
parallel shoulders under the head shall be measured from under the
head or shoulder to the tip of the point. The shaft length of all
other certain steel nails shall be measured overall.
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Excluded from the scope of this order are certain steel nails
packaged in combination with one or more non-subject articles, if the
total number of nails of all types, in aggregate regardless of size, is
less than 25. If packaged in combination with one or more non-subject
articles, certain steel nails remain subject merchandise if the total
number of nails of all types, in aggregate regardless of size, is equal
to or greater than 25, unless otherwise excluded based on the other
exclusions below.
Also excluded from the scope are certain steel nails with a nominal
shaft length of one inch or less that are (a) a component of an
unassembled article, (b) the total number of nails is sixty (60) or
less, and (c) the imported unassembled article falls into one of the
following eight groupings: (1) builders' joinery and carpentry of wood
that are classifiable as windows, French-windows and their frames; (2)
builders' joinery and carpentry of wood that are classifiable as doors
and their frames and thresholds; (3) swivel seats with variable height
adjustment; (4) seats that are convertible into beds (with the
exception of those classifiable as garden seats or camping equipment);
(5) seats of cane, osier, bamboo or similar materials; (6) other seats
with wooden frames (with the exception of seats of a kind used for
aircraft or motor vehicles); (7) furniture (other than seats) of wood
(with the exception of (i) medical, surgical, dental or veterinary
furniture; and (ii) barbers' chairs and similar chairs, having rotating
as well as both reclining and elevating movements); or (8) furniture
(other than seats) of materials other than wood, metal, or plastics
(e.g., furniture of cane, osier, bamboo or similar materials). The
aforementioned imported unassembled articles are currently classified
under the following Harmonized Tariff Schedule of the United States
(HTSUS) subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51,
9401.59, 9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81
or 9403.89.
Also excluded from the scope of this order are steel nails that
meet the specifications of Type I, Style 20 nails as identified in
Tables 29 through 33 of ASTM Standard F1667 (2013 revision).
Also excluded from the scope of this order are nails suitable for
use in powder-actuated hand tools, whether or not threaded, which are
currently classified under HTSUS subheadings 7317.00.20.00 and
7317.00.30.00.
Also excluded from the scope of this order are nails having a case
hardness greater than or equal to 50 on the Rockwell Hardness C scale
(HRC), a carbon content greater than or equal to 0.5 percent, a round
head, a secondary reduced-diameter raised head section, a centered
shank, and a smooth symmetrical point, suitable for use in gas-actuated
hand tools.
Also excluded from the scope of this order are corrugated nails. A
corrugated nail is made up of a small strip of corrugated steel with
sharp points on one side.
Also excluded from the scope of this order are thumb tacks, which
are currently classified under HTSUS subheading 7317.00.10.00.
Certain steel nails subject to this order are currently classified
under HTSUS subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05,
7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18,
7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40,
7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80,
7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain
steel nails subject to this order also may be classified under HTSUS
subheadings 7907.00.60.00, 7806.00.80.00, 7318.29.00.00, 8206.00.00.00
or other HTSUS subheadings.
While the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this order is
dispositive.
Ministerial Error
Section 751(h) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.''
The petitioner argues that Commerce mistakenly excluded certain
cost records when implementing the use of quarterly costs.\6\
Specifically, the petitioner states that Commerce inadvertently
excluded cost records for one quarter when calculating average costs
for the purpose of examining cost recovery.\7\ We have examined the
programming language contained in the ``ME Macros'' SAS program, and we
agree with the petitioner.\8\
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\6\ See Petitioner Ministerial Allegation Letter.
\7\ Id.
\8\ See Ministerial Error Allegation Memorandum at 2-3.
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Inmax argues that Commerce mistakenly used the incorrect variables
for total cost of manufacturing, general and administrative expenses,
and interest expenses. We agree with Inmax, and therefore, we have
corrected the error.\9\
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\9\ Id.
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[[Page 15662]]
Furthermore, consistent with Commerce's practice,\10\ the rate for
the respondents not selected for individual examination will be the
weighted-average dumping margin for Region, as the margin calculated
for Region is the only rate calculated that is not zero, de minimis, or
determined entirely on the basis of facts available.
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\10\ See, e.g., Large Power Transformers from the Republic of
Korea: Final Results of Antidumping Duty Administrative Review,
Final Determination of No Shipments, and Final Successor-in-Interest
Determination; 2018-2019, 86 FR 30915 (June 10, 2021) and
accompanying IDM at Comment 4.
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Amended Final Results of Review
Commerce determines that the following amended weighted-average
dumping margins exist for the period July 1, 2010, through June 30,
2021:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
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Region International Co., Ltd./Region System Sdn. Bhd....... 1.66
Inmax Sdn. Bhd./Inmax Industries Sdn. Bhd................... 0.00
Non-Selected Respondents \11\............................... 1.66
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Disclosure
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\11\ See Appendix for the list of non-selected respondents.
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We will disclose the calculation memoranda used in our analysis to
parties to this segment of the proceeding within five days of the date
of the publication of these amended final results, pursuant to 19 CFR
351.224(b).
Assessment Rate
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries.\12\
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 amended final results of this
administrative review, if any importer-specific assessment rates
calculated in the amended 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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\12\ In these amended 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 above
that were not selected for individual examination, we will instruct CBP
to liquidate entries at the rates established in these amended final
results of review.
For entries of subject merchandise during the POR produced by any
of these companies for which it did not know its 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.\13\
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\13\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Consistent with its recent notice,\14\ Commerce intends to issue
appropriate assessment instructions directly to CBP no earlier than 35
days after the date of publication of the amended 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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\14\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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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) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during the period of review.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties did occur and the subsequent assessment of doubled antidumping
duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (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/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 351.213(h) and
19 CFR 351.221(b)(5).
Dated: March 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--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.
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WWL India Private Ltd.
[FR Doc. 2023-05210 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 14, 2023.
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