Notice2023-26998
Certain Corrosion-Resistant Steel Products From Taiwan: Final Results of the Antidumping Duty Administrative Review and Final 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
December 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that producers/exporters subject to this review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) July 1, 2021, through June 30, 2022. We further determine that Xxentria Technology Materials Company Ltd. (Xxentria) had no shipments of subject merchandise during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 235 (Friday, December 8, 2023)</title>
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[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85587-85589]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26998]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan: Final
Results of the Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
producers/exporters subject to this review made sales of subject
merchandise at less than normal value (NV) during the period of review
(POR) July 1, 2021, through June 30, 2022. We further determine that
Xxentria Technology Materials Company Ltd. (Xxentria) had no shipments
of subject merchandise during the POR.
DATES: Applicable December 8, 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 August 2, 2023, Commerce published the Preliminary Results for
this administrative review and invited interested parties to
comment.\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 11 respondents.\2\ However,
pursuant to the final judgment of the U.S. Court of International Trade
(the Court) in Prosperity V,\3\ concerning the litigation for the
underlying less-than-fair-value (LTFV) investigation of the Order,\4\
Commerce issued an amended final antidumping duty determination of
sales at LTFV which reflects a below de minimis margin for the
collapsed YP/Synn entity which resulted in the exclusion of YP and Synn
from the Order and all subsequent segments of the proceeding, including
the instant administrative review.\5\ Accordingly, the Preliminary
Results provided notification of the discontinuation of the instant
administrative review with respect to a respondent selected for
individual examination, YP, and a non-selected respondent, Synn.\6\ As
a result, Prosperity remains the sole individually-examined respondent
in this review.
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\1\ See Certain Corrosion-Resistant Steel Products from Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021-2022, 88 FR 50836
(August 2, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ The respondents are: (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. 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 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).
\5\ See Corrosion-Resistant Steel Products from Taiwan: Notice
of Third Amended Final Determination of Sales at Less Than Fair
Value Pursuant to Court Decision and Partial Exclusion from
Antidumping Duty Order, 88 FR 58245 (August 25, 2023) (Third Amended
Final Determination).
\6\ See Preliminary Results, 88 FR at 50836.
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We received a case brief from Cleveland-Cliffs Inc. and Steel
Dynamics Inc. (collectively, the petitioners).\7\ A complete summary of
the events that occurred since publication of the Preliminary Results
is found in the Issues and Decision Memorandum.\8\ Commerce conducted
[[Page 85588]]
this review in accordance with section 751(a) of the Act.
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\7\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated
September 1, 2023.
\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Certain
Corrosion-Resistant Steel Products from Taiwan; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order
The product covered by the Order is 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. For the full text of the scope of the Order, see the
Issues and Decision Memorandum.
Analysis of the Comments Received
All issues raised in the case brief are addressed in the Issues and
Decision Memorandum.\9\ A list of the issues which parties raised, and
to which we respond in the Issues and Decision Memorandum, is attached
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
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>.
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\9\ Id.
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Changes Since the Preliminary Results
Based on a review of the record and analysis of the comments
received from the petitioners regarding our Preliminary Results, we
made changes to the preliminary weighted-average dumping margins
calculations for Prosperity and for respondents not selected for
individual examination. For detailed information, see the Issues and
Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Xxentria made no shipments of subject merchandise into the United
States during the POR.\10\ We have not received any information to
contradict this determination, nor comment in opposition to our
preliminary finding. Furthermore, on August 23, 2023, Commerce was
notified by U.S. Customs and Border Protection (CBP) that it has no
record of any subject entries during the POR for Xxentria.\11\
Therefore, we continue to determine that Xxentria made no shipments of
subject merchandise during the POR. Consistent with our practice, we
will instruct CBP to liquidate any existing entries of subject
merchandise produced by Xxentria, but exported by other parties, at the
rate for the intermediate reseller, if available, or at the all-others
rate.\12\
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\10\ See Preliminary Results, 88 FR at 50836-37.
\11\ See Memorandum, ``No Shipment Inquiry for Xxentria
Technology Materials Co., Ltd. during the period 07/01/2021 through
06/30/2022,'' dated August 23, 2023.
\12\ See, e.g., 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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Rate for Respondents Not Selected for Individual Examination
For the rate assigned to 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} .''
In this administrative review, we have calculated a weighted-
average dumping margin for the sole mandatory respondent, Prosperity,
that is not zero, de minimis, or based entirely on facts available
(i.e., 0.71 percent). Accordingly, we have assigned this rate to the
non-selected respondents CSC, CHSC, Great Fortune, Great Grandeul,
Great Grandeul Somoa, Great Grandeul Steel, and SYSCO.
Final Results of Review
Commerce preliminarily determines the following estimated 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......................... 0.71
China Steel Corporation..................................... 0.71
Chung Hung Steel Corporation................................ 0.71
Great Fortune Steel Co., Ltd................................ 0.71
Great Grandeul Steel Co., Ltd............................... 0.71
Great Grandeul Steel Company Limited (Somoa)................ 0.71
Great Grandeul Steel Corporation............................ 0.71
Sheng Yu Steel Co., Ltd..................................... 0.71
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Disclosure
We intend to disclose to interested parties the calculations and
analysis performed for these final results within five days of the date
of the publication of this notice in the Federal Register in accordance
with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. 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 those
sales. Where the respondent did not report entered value, we calculated
the entered value in order to calculate the assessment rate. Where
either 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.\13\ For entries of subject merchandise during the POR produced
by Prosperity for which it did not know its merchandise was destined
for the United States, 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.
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\13\ In these 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 Duty Proceedings; Final Modification, 77
FR 8101 (February 14, 2012).
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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.\14\
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\14\ See section 751(a)(2)(C) of the Act.
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For the companies which were not selected for individual
examination, we will instruct CBP to assess antidumping
[[Page 85589]]
duties at an ad valorem assessment rate equal to the company-specific
weighted-average dumping margin determined in these final results.
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 cash 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 companies listed above will
be equal to the weighted-average dumping margins established in the
final results of this administrative review; (2) for merchandise
exported by producers or exporters not covered in this review but
covered in a prior completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation, but the
producer has been covered in a prior complete segment of this
proceeding, then the cash deposit rate will be the rate established for
the most recent period for the producer of the merchandise; (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 11.04 percent,\15\ the all-others rate from the Third
Amended Final Determination.\16\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\15\ 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).
\16\ See Third Amended Determination, 88 FR at 58247.
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Notification to Importers
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 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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 these final results of administrative
review in accordance with sections 751(a)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: November 21, 2023.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Revise the Period Reviewed in the
Comparison Market and Margin Calculation Programs
Comment 2: Whether to Revise Aggregate Price Adjustment
Variables in the Margin Calculation Program
VI. Recommendation
[FR Doc. 2023-26998 Filed 12-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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