Notice2023-07247
Stainless Steel Sheet and Strip in Coils from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022
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
April 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that sales of stainless steel sheet and strip in coils (SSSSC) from Taiwan have been made at less than normal value during the period of review (POR), July 1, 2021, through June 30, 2022. Additionally, Commerce preliminarily determines that four companies for which we initiated a review had no shipments during the POR. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 66 (Thursday, April 6, 2023)</title>
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[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20481-20484]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07247]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-831]
Stainless Steel Sheet and Strip in Coils from Taiwan: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sales of stainless steel sheet and strip in coils
(SSSSC) from Taiwan have been made at less than normal value during the
period of review (POR), July 1, 2021, through June 30, 2022.
Additionally, Commerce preliminarily determines that four companies for
which we initiated a review had no shipments during the POR. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT: Andrew Hart or Alice Maldonado, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1058 or (202) 482-4682,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on SSSSC from Taiwan.\1\ On July 1, 2022, Commerce published
in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ The notice of initiation of this
administrative review was published on September 6, 2022.\3\ This
review covers 61 producers and/or exporters of the subject merchandise.
Commerce selected two companies, Lien Kuo Metal Industries Co., Ltd.
(Lien Kuo) and S More Steel Materials Co., Ltd. (S More) for individual
examination.\4\ The producers
[[Page 20482]]
and/or exporters not selected for individual examination are listed in
the ``Preliminary Results of the Review'' section of this notice.
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\1\ See Notice of Antidumping Duty Order; Stainless Steel Sheet
and Strip in Coils from United Kingdom, Taiwan, and South Korea, 64
FR 40555 (July 27, 1999) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Service List, 87 FR 39461 (July 1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6, 2022) (Initiation
Notice).
\4\ See Memorandum, ``Respondent Selection,'' dated October 7,
2022.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Stainless Steel Sheet and Strip in Coils from
Taiwan,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order are certain stainless steel
sheet and strip in coils. Stainless steel is an alloy steel containing,
by weight, 1.2 percent or less of carbon and 10.5 percent or more of
chromium, with or without other elements. The subject sheet and strip
is a flat-rolled product in coils that is greater than 9.5 mm in width
and less than 4.75 mm in thickness, and that is annealed or otherwise
heat treated and pickled or otherwise descaled. The subject sheet and
strip may also be further processed (e.g., cold-rolled, polished,
aluminized, coated, etc.) provided that it maintains the specific
dimensions of sheet and strip following such processing. The products
subject to the Order are classified in the Harmonized Tariff Schedule
of the United States (HTSUS) statistical reporting numbers
7219.13.00.31, 7219.13.00.51, 7219.13.00.71, 7219.13.00.81,
7219.14.00.30, 7219.14.00.65, 7219.14.00.90, 7219.32.00.05,
7219.32.00.20, 7219.32.00.25, 7219.32.00.35, 7219.32.00.36,
7219.32.00.38, 7219.32.00.42, 7219.32.00.44, 7219.33.00.05,
7219.33.00.20, 7219.33.00.25, 7219.33.00.35, 7219.33.00.36,
7219.33.00.38, 7219.33.00.42, 7219.33.00.44, 7219.34.00.05,
7219.34.00.20, 7219.34.00.25, 7219.34.00.30, 7219.34.00.35,
7219.35.00.05, 7219.35.00.15, 7219.35.00.30, 7219.35.00.35,
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.12.10.00, 7220.12.50.00, 7220.20.10.10,
7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05,
7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80,
7220.20.70.05, 7220.20.70.10, 7220.20.70.15, 7220.20.70.60,
7220.20.70.80, 7220.20.80.00, 7220.20.90.30, 7220.20.90.60,
7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and 7220.90.00.80.
Although the HTSUS numbers are provided for convenience and for customs
purposes, Commerce's written description of the merchandise is
dispositive.\6\
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\6\ For a full description of the scope of the Order, see
Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Commerce has preliminarily relied entirely upon facts otherwise
available with adverse inferences for Lien Kuo and S More.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an 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, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Determination of No Shipments
Four companies under review, Yieh Mau Corporation (Yieh Mau); Yieh
Phui Enterprise Co., Ltd. (Yieh Phui); Yieh United Steel Corporation
(YUSCO); and Yuen Chang Stainless Steel Co., Ltd. (Yuen Chang), filed
statements reporting that they made no sales or exports of subject
merchandise to the United States during the POR.\7\ We were able to
confirm Yieh Mau's, Yieh Phui's, and Yuen Chang's claims with U.S.
Customs and Border Protection (CBP).\8\ Consequently, we preliminarily
determine that Yieh Mau, Yieh Phui, and Yuen Chang had no shipments
during the POR. Consistent with Commerce's practice, we find that it is
not appropriate to rescind the review with respect to these companies,
but rather to complete the review and issue appropriate instructions to
CBP based on the final results of this review.\9\
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\7\ See Yieh Mau's Letter, ``No Shipment Certification,'' dated
October 4, 2022; see also Yieh Phui's Letter, ``No Shipment
Certification,'' dated October 4, 2022; Yuen Chang's Letter, ``No
Shipment Certification,'' dated October 4, 2022; and YUSCO's Letter,
``No Shipment Certification,'' dated October 4, 2022.
\8\ See Memorandum, ``No Shipment Inquiry with Respect to the
Companies Below During the Period 07/01/2021 through 06/30/2022,''
dated January 30, 2023.
\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We also attempted to confirm YUSCO's claim with CBP; however, after
review of the CBP data on the record of this case, we requested
additional information from CBP related to certain POR entries of
merchandise that may have been produced by YUSCO. In December 2022,
Commerce placed these entry documents on the record.\10\ In January
2023, we requested that YUSCO provide additional information related to
its no-shipments claim, and we requested additional information from
YUSCO's counsel related to the entry documents on the record.\11\ In
this same month, YUSCO and its counsel, respectively, responded to
these requests.\12\ Based on our analysis of the information on the
record of this review, we also preliminarily determine that YUSCO had
no shipments of subject merchandise during the POR because there is no
information on the record to contradict YUSCO's no shipments
certification. Therefore, consistent with our practice, we also will
not rescind the review with respect to YUSCO; rather, we will complete
the review and issue appropriate instructions to CBP based on the final
results of this review. For further discussion, see the Preliminary
Decision Memorandum at ``Preliminary Determination of No Shipments.''
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\10\ See Memorandum, ``Release of U.S. Customs and Border
Protection Information,'' dated December 13, 2022.
\11\ See Commerce's Letters, ``2021-2022 Administrative Review
of the Antidumping Duty Order on Stainless Steel Sheet and Strip in
Coils, from Taiwan,'' both dated January 6, 2023.
\12\ See YUSCO's Letters, ``Supplemental Response Re: CBP Entry
Documentation,'' and ``Response to the Department's January 6, 2023
Letter,'' both dated January 20, 2023.
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Rate for Non-Selected Companies
The Act and Commerce's regulations do not address the 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 that 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
[[Page 20483]]
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} .''
Section 735(c)(5)(B) further provides if the estimated weighted
average dumping margins established for all exporters and producers
individually investigated are zero, de minimis, or are determined
entirely by application of facts available, Commerce may use any
reasonable method to establish the estimated all-others rate for
exporters and producers not individually investigated, including
averaging the estimated weighted average dumping margins determined for
the exporters and producers individually investigated. The SAA further
states that, ``{t{time} he expected method in such cases will be to
weight-average the zero and de minimis margins and margins determined
pursuant to the facts available, provided that volume data is
available.'' \13\ However, the SAA also instructs that, ``if this
{expected{time} method is not feasible, or if it results in an average
that would not be reasonably reflective of potential dumping margins
for non-investigated exporters or producers, Commerce may use other
reasonable methods'' to calculate the rate for the companies not
selected for individual examination in this review.\14\
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\13\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA)
at 873.
\14\ Id.; see also Albemarle Corp. v. United States, 821 F.3d
1345, 1352 (Fed. Cir. 2016) (explaining that if the ``expected
method'' is ``not feasible'' or the method ``results in an average
that would not be reasonably reflective of potential dumping margins
for non-investigated exporters or producers,'' Commerce may,
instead, ``use other reasonable methods.'').
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We preliminarily based the weighted-average dumping margins for
Lien Kuo and S More, the mandatory respondents in this review, entirely
on facts otherwise available with adverse inferences (AFA), as
discussed in the Preliminary Decision Memorandum. Further, we
preliminarily find that the mandatory respondents' total AFA dumping
margin of 21.10 percent is not reasonably reflective of the non-
selected companies' potential dumping margins during the POR because,
in the most recently completed segment of this proceeding, the rate
assigned to the mandatory respondent was 0.00 percent and the rate
assigned to the non-selected companies was 4.30 percent.\15\ Therefore,
we preliminarily assigned the rate most recently assigned to the non-
selected companies in this proceeding (i.e., 4.30 percent) to the non-
selected companies in this review. For additional information, see the
Preliminary Decision Memorandum at ``Companies Not Selected for
Individual Examination.''
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\15\ See Stainless Steel Sheet and Strip in Coils from Taiwan:
Final Results of Antidumping Duty Administrative Review, 75 FR 76700
(December 9, 2010).
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Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following estimated weighted-average dumping margins exist for the
period July 1, 2021, through June 30, 2021:
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Lien Kuo Metal Industries Co., Ltd...................... 21.10
S More Steel Materials Co., Ltd......................... 21.10
Companies Not Individually Examined \16\................ 4.30
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied
total AFA to the individually examined companies, Lien Kuo and S More,
in this administrative review, and the applied AFA rate is based on a
rate calculated for a respondent in a prior segment of this proceeding,
there are no calculations to disclose.
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\16\ See Appendix II for a full list of companies not
individually examined in this review.
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Public Comment
Interested parties may submit case briefs or other written comments
to Commerce no later than 30 days after the date of publication of this
notice.\17\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the time limit for
filing case briefs.\18\ Parties who submit case briefs or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) a statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\19\ Case and rebuttal briefs should be
filed using ACCESS.\20\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\21\
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\17\ See 19 CFR 351.309(c).
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020) (Temporary Rule).
\19\ See 19 CFR 351.309(c)(2) and (d)(2).
\20\ See 19 CFR 351.303.
\21\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Acting Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after publication of
this notice.\22\ Hearing requests should contain: (1) the party's name,
address, and telephone number; (2) the number of participants; and (3)
a list of issues to be discussed. Oral presentations at the hearing
will be limited to issues raised in the briefs. If a request for a
hearing is made, Commerce intends to hold the hearing at a date and
time to be determined.\23\ Parties should confirm by telephone the date
and time of the hearing two days before the scheduled date. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\22\ See 19 CFR 351.310(c).
\23\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication date of this
notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise
extended.\24\
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\24\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\25\
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\25\ See 19 CFR 351.212(b).
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For the companies that were not selected for individual review, we
intend to assign an assessment rate based on the methodology described
in the ``Rate for Non-Selected Companies'' section, above. 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.\26\
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\26\ See section 751(a)(2)(C) of the Act.
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[[Page 20484]]
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 they 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.\27\
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\27\ 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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Further, if we continue to find in the final results that Yieh Mau,
Yieh Phui, Yuen Chang, and YUSCO had no shipments of subject
merchandise during the POR, we will instruct CBP to liquidate any
suspended entries that entered under their AD case number (i.e., at
that exporter's rate) at the all-others rate if there is no rate for
the intermediate company(ies) involved in the transaction.
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 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 exporters listed above will
be that established in the final results of this review, except if the
rate is less than 0.50 percent and, therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate
will be zero; (2) for previously reviewed or investigated companies not
participating in 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 was reviewed; (3) if
the exporter is not a firm covered in this review or previous segment,
but the manufacturer is, then the cash deposit rate will be the rate
established for the most recently-completed segment for the
manufacturer of the subject merchandise; and (4) the cash deposit rate
for all other producers or exporters will continue to be 12.61 percent,
the all-others rate established in the less-than-fair-value
investigation.\28\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\28\ See Order.
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Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f) 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
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 31, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
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. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology: Application of Facts Available
and Use of Adverse Inference
A. Application of Facts Available
B. Application of Facts Available With an Adverse Inference
C. Selection and Corroboration of the AFA Rate
VII. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Broad International Resources Ltd.
2. Chain Chon Industrial Co., Ltd.
3. Cheng Feng Plastic Co., Ltd.
4. Chia Far Industrial Factory Co., Ltd.
5. Chien Shing Stainless Co.
6. China Steel Corporation
7. Chung Hung Steel Corp
8. Chyang Dah Stainless Co., Ltd.
9. Dah Shi Metal Industrial Co., Ltd.
10. Da-Tsai Stainless Steel Co., Ltd.
11. DB Schenker (HK) Ltd. Taiwan Branch.
12. DHV Technical Information Co., Ltd.
13. Froch Enterprises Co., Ltd.
14. Gang Jou Enterprise Co., Ltd.
15. Genn Hann Stainless Steel Enterprise Co., Ltd.
16. Goang Jau Shing Enterprise Co., Ltd.
17. Goldioceans International Co., Ltd.
18. Gotosteel Ltd.
19. Grace Alloy Corp.
20. Hung Shuh Enterprises Co., Ltd.
21. Hwang Dah Steel Inc.
22. Jie Jin Stainless Steel Industry Co., Ltd.
23. JJSE Co., Ltd.
24. KNS Enterprise Co., Ltd.
25. Lancer Ent. Co., Ltd.
26. Lien Chy Laminated Metal Co., Ltd.
27. Lih Chan Steel Co., Ltd.
28. Lung An Stainless Steel Ind. Co., Ltd.
29. Master United Corp.
30. Maytun International Corp.
31. NKS Steel Ind. Ltd.
32. PFP Taiwan Co., Ltd.
33. Po Chwen Metal.
34. Prime Rocks Co., Ltd.
35. Shih Yuan Stainless Steel Enterprise Co., Ltd.
36. Silineal Enterprises Co., Ltd.
37. Stanch Stainless Steel Co., Ltd.
38. Ta Chen Stainless Pipe Co., Ltd.
39. Tah Lee Special Steel Co., Ltd.
40. Taiwan Nippon Steel Stainless.
41. Tang Eng Iron Works.
42. Teng Yao Hardware Industrial Co., Ltd.
43. Tibest International Inc.
44. Ton Yi Industrial Corp
45. Tsai See Enterprise Co., Ltd.
46. Tung Mung Development Co., Ltd.\29\
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\29\ Stainless steel sheet and strip in coils produced and
exported by Tung Mung Development Co., Ltd. were excluded from the
Order, effective October 16, 2002. See Notice of Amended Final
Determination in Accordance with Court Decision of the Antidumping
Duty Investigation of Stainless Steel Sheet and Strip in Coils from
Taiwan, 69 FR 67311, 67312 (November 17, 2004). Accordingly, the
rate assigned for Tung Mung Development Co., Ltd. in this review is
only for where the company was the producer or exporter of subject
merchandise but not both.
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47. Vasteel Enterprises Co., Ltd.
48. Vulcan Industrial Corporation.
49. Wuu Jing Enterprise Co., Ltd.
50. Yc Inox Co., Ltd.
51. Yes Stainless International Co., Ltd.
52. Yieh Trading Corp.
53. Yu Ting Industries Co., Ltd.
54. Yue Seng Industrial Co., Ltd.
55. Yung Fa Steel & Iron Industry Co., Ltd.
[FR Doc. 2023-07247 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.