Notice2023-16609
Certain Steel Nails From Malaysia: 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 4, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR) July 1, 2021, through June 30, 2022. In addition, we preliminarily find that certain companies 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 149 (Friday, August 4, 2023)</title>
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[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51775-51777]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16609]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-816]
Certain Steel Nails From Malaysia: 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 finds
that certain producers and/or exporters subject to this administrative
review made sales of subject merchandise at less than normal value
during the period of review (POR) July 1, 2021, through June 30, 2022.
In addition, we preliminarily find that certain companies had no
shipments during the POR. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable August 4, 2023.
FOR FURTHER INFORMATION CONTACT: John K. Drury or Tyler R. Weinhold,
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)
482-1121, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 13, 2015, we published in the Federal Register an
antidumping duty order on certain steel nails from Malaysia.\1\ On July
1, 2022, we published in the Federal Register a notice of opportunity
to request an administrative review of the Order.\2\ On September 6,
2022, Commerce published the notice of initiation of the administrative
review of the Order.\3\ On March 28, 2023, we extended the time limit
for completion of these preliminary results to July 28, 2023, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act).\4\
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Injury Service List, 87 FR 39461 (July 1,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6, 2022).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 28,
2023.
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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 Preliminary Decision Memorandum.\5\
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\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022:
Certain Steel Nails from Malaysia,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments
Between September 21 and 29, 2022, we received letters from non-
selected respondents Astrotech Steels Private Limited (Astrotech),
Geekay Wires Limited (Geekay), Modern Factory for Steel Industries Co.
Ltd. (Modern), and Trinity Steel Private Limited (Trinity), timely
notifying Commerce that they had no exports, sales, or entries of
subject merchandise during the POR.\6\ We issued a no-shipment inquiry
to U.S. Customs and Border Protection (CBP) with respect to each of
these four companies, and CBP responded that it has no record of any
shipments of subject merchandise for these companies during the POR.\7\
Thus, we preliminarily determine that Astrotech, Geekay, Modern, and
Trinity 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 Astrotech, Geekay, Modern, and Trinity, but, rather, to
complete the review and issue appropriate instructions to CBP based on
the final results of this review.\8\
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\6\ See Geekay Wires Limited's Letter, ``Request for No Shipment
during the Period of Review (POR),'' dated September 21, 2022;
Modern Factory for Steel Industries Co. Ltd.'s Letter, ``Request for
No Shipment during the Period of Review (POR),'' dated September 29,
2022; Trinity Steel Private Limited's Letter, ``Notice of No sales
during the Period of Review (POR),'' dated September 29, 2022; and
Astrotech Steels Private Limited's Letter, ``Request for No Shipment
during the Period of Review (POR),'' dated September 29, 2022.
\7\ See Memorandum, ``Steel Nails from Malaysia; No Shipment
Inquiry for Multiple Companies During the Period 07/01/2021 through
06/30/2022,'' dated June 26, 2023.
\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
(August 28, 2014); and Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum.\9\
A list of the topics discussed in the Preliminary Decision Memorandum
is included as Appendix I to this notice. The Preliminary 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 Preliminary Decision Memorandum can be found at
[[Page 51776]]
<a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\9\ See Preliminary Decision Memorandum.
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Rate 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 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} .''
In these preliminary results, we have calculated a non-de minimis
weighted-average margin for Region International Co., Ltd. and Region
System Sdn. Bhd. (collectively, Region). Region's weighted-average
dumping margin was not determined entirely on the basis of facts
available. However, we calculated a weighted-average margin of zero for
Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd. (collectively, Inmax).
Accordingly, for the preliminary results of this review, we are
assigning the dumping margin determined for Region to the non-selected
mandatory respondents. Therefore, the preliminary rate for non-selected
respondents is 1.08 percent.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period July 1, 2021, through June 30,
2022:
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\10\ See Appendix II for the list of non-selected respondents.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd............... 0.00
Region International Co., Ltd. and Region System Sdn. Bhd... 1.08
Non-Selected Respondents \10\............................... 1.08
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
administrative review within five days after public announcement of the
preliminary results, in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\11\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\12\ Parties who submit case briefs
or rebuttal briefs in this administrative review 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.\13\
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\11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'')
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\13\ See 19 CFR 351.303 (for general filing requirements).
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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 Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. 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. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a time and date to be
determined. An electronically filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\14\
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\14\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, no later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results, Commerce shall determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries. If the weighted-average dumping margin for a
mandatory respondent is not zero or de minimis in the final results of
this review, we will calculate an importer-specific assessment rate on
the basis of the ratio of the total amount of dumping calculated for
each importer's examined sales and the total entered value of such
sales in accordance with 19 CFR 351.212(b)(1).\15\ If the weighted-
average dumping margin is zero or de minimis in the final results of
review, or if an importer-specific assessment rate is zero or de
minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\16\ For entries of subject
merchandise during the period of review produced by the respondents for
which they did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries.\17\
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\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\16\ Id. 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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If we continue to find in the final results that Astrotech, Geekay,
Modern, and Trinity had no shipments of subject merchandise during the
POR, we will instruct CBP to liquidate any suspended entries that
entered under their antidumping duty case numbers (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). The final results of this administrative
review shall be the basis for the assessment of antidumping duties on
entries of merchandise under review and for future cash deposits of
estimated antidumping duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of
[[Page 51777]]
the final results of this administrative review for all shipments of
the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication, as provided by section
751(a)(2)(C) 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 this
administrative review; (2) for merchandise exported by a company 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 less-than-fair-value investigation but the
producer is, then the cash deposit rate will be the rate established in
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 2.66 percent, the all-others
rate established in the less-than-fair-value investigation.\18\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\18\ 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
This notice 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
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and
19 CFR 351.221(b)(4).
Dated: July 28, 2023.
Lisa W. Wang,
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. Rate for Non-Selected Companies
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II
List of Non-Selected Respondents
Alsons Manufacturing India, LLP
Atlantic Marine Group Ltd.
Chia Pao Metal Co., Ltd.
Chin Lai Hardware Sdn., Bhd.
Chuan Heng Hardware Paints and Building Materials Sdn., Bhd.
Come Best (Thailand) Co., Ltd.
Gbo Fastening Systems AB
Impress Steel Wire Industries Sdn., Bhd.
Inmax Industries Sdn., Bhd.
Inmax Sdn., Bhd.
Kerry-Apex (Thailand) Co., Ltd.
Kimmu Trading Sdn., Bhd.
Madura Fasteners Sdn., Bhd.
Oman Fasteners LLC
Region System Sdn., Bhd.
Region International Co., Ltd.
RM Wire Industries Sdn., Bhd.
Soon Shing Building Materials Sdn., Bhd.
Storeit Services LLP
Sunmat Industries Sdn., Bhd.
Tag Fasteners Sdn., Bhd.
Tag Staples Sdn., Bhd.
Tampin Sin Yong Wai Industry Sdn., Bhd.
Top Remac Industries
UD Industries Sdn., Bhd.
Vien Group Sdn., Bhd.
Watasan Industries Sdn., Bhd.
WWL India Private Ltd.
[FR Doc. 2023-16609 Filed 8-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 4, 2023.
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