Notice2023-16462
Certain Corrosion-Resistant Steel Products 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
August 2, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on certain corrosion-resistant steel products (CORE) from Taiwan. We preliminarily determine that producers/exporters subject to this review did not make sales of subject merchandise at less than normal value during the period of review (POR) July 1, 2021, through June 30, 2022. We further preliminarily determine that Xxentria Technology Materials Company Ltd. (Xxentria) had no shipments during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 147 (Wednesday, August 2, 2023)</title>
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[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50836-50838]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16462]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products 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) is conducting an
administrative review of the antidumping duty order on certain
corrosion-resistant steel products (CORE) from Taiwan. We preliminarily
determine that producers/exporters subject to this review did not make
sales of subject merchandise at less than normal value during the
period of review (POR) July 1, 2021, through June 30, 2022. We further
preliminarily determine that Xxentria Technology Materials Company Ltd.
(Xxentria) had no shipments during the POR. We invite interested
parties to comment on these preliminary results.
DATES: Applicable August 2, 2023.
FOR FURTHER INFORMATION CONTACT: Matthew Palmer or Deborah Cohen, 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) 482-1678 and (202)
482-4521, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce published the antidumping duty order on
CORE from Taiwan in the Federal Register.\1\ On September 6, 2022,
pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended
(the Act), Commerce initiated an administrative review of the Order
covering the following respondents: (1) Yieh Phui Enterprise Co., Ltd.
(YP); (2) Prosperity Tieh Enterprise Co., Ltd. (Prosperity); (3) Sheng
Yu Steel Co., Ltd. (SYSCO); (4) Synn Industrial Co., Ltd. (Synn); (5)
China Steel Corporation (CSC); (6) Chung Hung Steel Corporation (CHSC);
(7) Great Fortune Steel Co., Ltd. (Great Fortune); (8) Great Grandeul
Steel Co., Ltd. (Great Grandeul); (9) Great Grandeul Steel Company
Limited (Somoa) (also known as, Great Grandeul Steel Company Limited
Somoa) (Great Grandeul Somoa); (10) Great Grandeul Steel Corporation
(Great Grandeul Steel); and (11) Xxentria.\2\ However, pursuant to the
recently-issued final judgement of the U.S. Court of International
Trade (the Court) in Prosperity V,\3\ concerning the litigation of the
underlying less-than-fair-value (LTFV) investigation of the Order,
Commerce intends to issue an amended final antidumping duty
determination of sales at LTFV which reflects a below de minimis margin
for the collapsed YP/Synn entity that results in the exclusion of YP
and Synn from the Order and all subsequent segments of the proceeding,
including the instant administrative review. Accordingly, we hereby
provide notification of the discontinuation of the instant
administrative review with respect to the respondent selected for
individual examination, YP, and the non-selected respondent, Synn.\4\
As a result, Prosperity remains the sole respondent selected for
individual examination in this review.
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\1\ 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6, 2022).
\3\ See Prosperity Tieh Enterprise Co., Ltd. and Yieh Phui
Enterprise Co., Ltd. v. United States, Consolidated Court No. 16-
00138, Slip Op. 23-95 (CIT 2023) (Prosperity V).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review:
Certain Corrosion-Resistant Steel Products from Taiwan,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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On March 7, 2023, we extended the preliminary results of this
review to no later than July 28, 2023.\5\ For a complete description of
the events that followed the initiation of this review, see the
Preliminary Decision Memorandum. A list of topics discussed in the
Preliminary Decision Memorandum is included 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, the complete 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>.
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\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated March 7, 2023.
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Scope of the Order
The products covered by the Order are 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. The subject merchandise is currently classifiable
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0040, 7210.49.0045, 7210.49.0091, 7210.49.0095, 7210.61.0000,
7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.6000,
7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000,
7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, and
7212.60.0000. The products subject to the orders may also enter under
the following HTSUS item numbers: 7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560,
7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.91.0000,
7225.92.0000, 7225.99.0090, 7226.99.0110, 7226.99.0130, 7226.99.0180,
7228.60.6000, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings
above are provided for convenience and customs purposes only. The
written description of the scope of the Order is dispositive. For the
full text of the scope of the Order, see the Preliminary Decision
Memorandum
Preliminary Determination of No Shipments
On October 4, 2022, Synn submitted a letter certifying that it had
no exports or sales of subject merchandise into the
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United States during the POR.\6\ On October 5, 2022, Xxentria submitted
a letter certifying that it had no exports or sales of subject
merchandise into the United States during the POR.\7\ As discussed
above, Synn is excluded from the Order, and this review is discontinued
with respect to Synn pursuant to the final judgement of the Court in
Prosperity V. Thus, no preliminary finding with respect to Synn's no-
shipments certification is necessary. Currently, the record contains no
information which contradicts Xxentria's claims, and therefore, we
preliminarily determine that Xxentria did not have any reviewable
transactions during the POR, though Commerce may revisit this finding
following these preliminary results if we receive additional
information from U.S. Customs and Border Protection (CBP) to contradict
this finding. Our final decision will also be based on an assessment of
any comments received by interested parties. Consistent with Commerce's
practice, we will not rescind the review with respect to Xxentria, but
rather will complete the review and issue instructions to CBP based on
the final results.\8\
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\6\ See Synn's Letter, ``No Shipment Certification,'' dated
October 4, 2022.
\7\ See Xxentria's Letter, ``Notice of No Sales,'' dated October
5, 2022.
\8\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1) and (2) of the Act. Export price is calculated in accordance
with section 772 of the Act. Normal value is calculated in accordance
with section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Rate for Non-Selected Companies
For the rate for companies not selected for individual examination
in an administrative review, generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a LTFV investigation. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally ``an amount equal to the
weighted 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} .'' However, section
735(c)(5)(B) of the Act provides that, where the dumping margins
established for all companies selected for individual examination are
zero, de minimis, or based entirely on facts available, Commerce may
use any reasonable method to establish the estimated all-others rate
for the non-selected companies.
In this administrative review, we calculated a weighted-average
dumping margin of zero percent for Prosperity, the sole respondent
selected for individual examination for which the administrative review
continues. As such, the record does not contain a calculated weighted-
average dumping margin that is not zero, de minimis, or based on
adverse facts available. Therefore, we are preliminarily assigning
Prosperity's zero percent margin to the non-selected respondents CSC,
CHSC, Great Fortune, Great Grandeul, Great Grandeul Somoa, Great
Grandeul Steel, and SYSCO. For further discussion, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
Commerce preliminarily determines the following weighted-average
dumping margins exist for the period July 1, 2021, through June 30,
2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Prosperity Tieh Enterprise Co., Ltd......................... 0.00
CSC......................................................... 0.00
CHSC........................................................ 0.00
Great Fortune............................................... 0.00
Great Grandeul.............................................. 0.00
Great Grandeul Somoa........................................ 0.00
Great Grandeul Steel........................................ 0.00
SYSCO....................................................... 0.00
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Disclosure and Public Comment
Commerce intends to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice.\9\
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\9\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs to the Assistant
Secretary for Enforcement and Compliance no later than 30 days after
the date of publication of this notice.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the date for filing case briefs.\11\ Parties who submit case
briefs or rebuttal briefs in this proceeding are requested to submit
with the argument: (1) a statement of the issue, (2) a summary of the
argument, and (3) a table of authorities.\12\ All briefs must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS.\13\ Note that Commerce has temporarily modified certain
of its requirements for serving documents containing business
proprietary information, until further notice.\14\
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\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020) (collectively, Temporary Rule).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See 19 CFR 351.303.
\14\ See Temporary Rule.
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Interested parties who wish to request a hearing, limited to issues
raised in the case and rebuttal briefs, must submit a written request
to the Assistant Secretary for Enforcement and Compliance, U.S.
Department of Commerce, using Enforcement and Compliance's ACCESS
system within 30 days of publication of this notice.\15\ Requests
should contain: (1) the party's name, address, and telephone number;
(2) the number of participants; (3) whether any participant is a
foreign national; and (4) a list of issues to be discussed. If a
request for a hearing is made, we will inform parties of the scheduled
date for the hearing at a time and location to be determined.\16\
Parties should confirm by telephone the date, time, and location of the
hearing.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice.
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review. For any individually examined respondents whose
weighted-average dumping margin is above de minimis (i.e., 0.50
percent), we will calculate importer-specific ad valorem
[[Page 50838]]
antidumping 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).\17\ We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis (i.e., 0.50 percent). Where either the respondent's
weighted-average dumping margin is zero or de minimis, 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.
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 where applicable.
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\17\ In these preliminary 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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For the companies which were not selected for individual review
(i.e., CSC, CHSC, Great Fortune, Great Grandeul, Great Grandeul Somoa,
Great Grandeul Steel, and SYSCO), we will assign an assessment rate
based on the cash deposit rate calculated for the company selected for
mandatory review (i.e., Prosperity). 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.\18\ Further, if
we continue to find in the final results that Xxentria had no shipments
of subject merchandise during the POR, we will instruct CBP to
liquidate any suspended entries that entered under that company's
antidumping duty case number at the all-others rate.
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\18\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by
Prosperity for which it did not know that its merchandise was destined
for the United States, we will instruct CBP to liquidate entries not
reviewed at the all-others rate of 3.66 percent established in the LTFV
investigation \19\ if there is no rate for the intermediate
company(ies) involved in the transaction.\20\
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\19\ 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).
\20\ 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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We intend to issue assessment instructions to CBP no earlier than
35 days after date of publication of the final results of this review
in the Federal Register. If a timely summons is filed at the Court, 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 upon
publication of the notice of final results of administrative review for
all shipments of CORE from Taiwan entered, or withdrawn from warehouse,
for consumption on or after the date of publication provided by section
751(a)(2) of the Act: (1) the cash deposit rate for each company listed
above will be equal to the dumping margins established in the final
results of this review except if the ultimate rates are de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rates will be zero; (2) for merchandise exported by producers
or exporters not covered in this administrative review but covered in a
prior segment of the proceeding, 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 producer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the original 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 or
exporters will continue to be 3.66 percent, the all-others rate
established in Amended Final Determination.\21\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\21\ See Amended Final Determination.
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Notification to Importers
This notice also serves as a preliminary 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.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: July 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discontinuation of the Review With Respect to YP and Synn
V. Preliminary Determination of No Shipments
VI. Rate for Respondents Not Selected for Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2023-16462 Filed 8-1-23; 8:45 am]
BILLING CODE 3510-DS-P
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