Notice2024-16686
Certain Steel Nails From Malaysia: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Rescission of Review, in Part; 2022-2023
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
July 30, 2024
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, 2022, through June 30, 2023. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 146 (Tuesday, July 30, 2024)</title>
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[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Notices]
[Pages 61060-61063]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16686]
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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 Rescission of
Review, in Part; 2022-2023
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, 2022, through June 30, 2023.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable July 30, 2024.
FOR FURTHER INFORMATION CONTACT: Peter K. Farrell or John K. Drury, 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) 482-2104 or (202)
482-0195, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 13, 2015, Commerce published in the Federal Register an
antidumping duty order on certain steel nails from Malaysia.\1\ On
September 11,
[[Page 61061]]
2023, Commerce published the notice of initiation of the administrative
review of the Order.\2\ On March 18, 2024, we extended the time limit
for completion of these preliminary results to July 23, 2024, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act).\3\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\4\ The
deadline for the preliminary results is now July 30, 2024.
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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 Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 18,
2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of the topics discussed in the Preliminary Decision Memorandum
is included as Appendix I. 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 found 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, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Steel Nails from Malaysia; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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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.
Preliminary Determination of No Shipments
Between October 4 and 11, 2023, we received letters from non-
selected respondents Astrotech Steels Private Limited (Astrotech),
Geekay Wires Limited (Geekay), Modern Factory for Steel Industries Co.
Ltd. (Modern Factory), Trinity Steel Private Limited (Trinity), and
Oman Fasteners LLC (Oman Fasteners) 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 companies, and CBP
responded that it has no record of any shipments of subject merchandise
for these companies during the POR.\7\ The record, therefore,
demonstrates that Astrotech, Geekay, Modern Factory, Trinity, and Oman
Fasteners had no shipments during the POR. On this basis, we are
preliminarily rescinding the review with respect to Astrotech, Geekay,
Modern Factory, Trinity, and Oman Fasteners, and will issue appropriate
instructions to CBP based on the final results of this review.\8\
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\6\ See Geekay's Letter, ``Request for No Shipment during the
Period of Review (POR),'' dated October 4, 2023; Modern Factory's
Letter, ``Request for No Shipment during the Period of Review
(POR),'' dated October 5, 2023; Trinity's Letter, ``Notice of No
Sales during the Period of Review (POR),'' dated October 4, 2023;
Astrotech's Letter, ``Request for No Shipment during the Period of
Review (POR),'' dated October 4, 2023; and Oman Fasteners' Letter,
``No Shipments Letter,'' dated October 11, 2023.
\7\ See Memorandum, ``No Shipment Inquiry for Multiple Companies
During the Period 07/01/2022 through 06/30/2023,'' dated December
12, 2023.
\8\ We invite interested parties to comment on the preliminary
rescission.
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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.
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 dumping margins for both Region International Co.,
Ltd. and Region System Sdn. Bhd. (collectively, Region) and Inmax Sdn.
Bhd. and Inmax Industries Sdn. Bhd. (collectively, Inmax). Region's and
Inmax's weighted-average dumping margins were not determined entirely
on the basis of facts available. Accordingly, for the preliminary
results of this review, we are assigning a dumping margin which is
determined as the simple average of the margins for Region and Inmax to
the non-selected mandatory respondents. Therefore, the preliminary rate
for non-selected respondents is 1.01 percent.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period July 1, 2022, through June 30,
2023:
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Estimated
weighted-
average
Exporter/Producer dumping
margin
(percent)
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Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd............... 0.74
Region International Co., Ltd. and Region System Sd. Bhd.... 1.28
Non-Selected Respondents \9\................................ 1.01
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Disclosure and Public Comment
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\9\ See Appendix II for the list of non-selected respondents.
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Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs or other written comments to the Assistant Secretary for
Enforcement and Compliance 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 five days after the
date for filing case briefs.\10\ Interested parties who submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing each issue; and (2) a table of authorities.\11\
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\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that
[[Page 61062]]
should be limited to five pages total, including footnotes. In this
review, we instead request that interested parties provide at the
beginning of their briefs a public, executive summary for each issue
raised in their briefs.\12\ Further, we request that interested parties
limit their executive summary of each issue to no more than 450 words,
not including citations. We intend to use the executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this administrative
review. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final 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 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. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Final Results of Review
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 in the Federal Register, unless extended,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of this administrative review, pursuant to section
751(a)(2)(A) of the Act, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries covered by this review. 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).\14\ 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.\15\
For entries of subject merchandise during the POR produced by the
respondent(s) 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.\16\ 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.
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\14\ 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).
\15\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 upon
publication in the Federal Register of 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.\17\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\17\ See Certain Steel Nails from Malaysia: Final Determination
of Sales at Less Than Fair Value, 80 FR 28969 (May 20, 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
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)(2)
and 19 CFR 351.221(b)(4).
Dated: July 23, 2024.
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. Rate for Non-Selected Respondents
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II
Companies Not Selected for Individual Review
1. Alsons Manufacturing India, LLP
2. Asia Bolts & Nuts Sdn. Bhd.
3. AV Fastener (M) Sdn. Bhd.
4. Chia Pao Metal Co., Ltd.
5. Chin Lai Hardware Sdn. Bhd.
6. Chin Well Fasteners Co.
[[Page 61063]]
7. Chuan Heng Hardware Paints and Building Materials Sdn. Bhd.
8. Come Best (Thailand) Co., Ltd.
9. Gbo Fastening Systems AB.
10. Gripwell Fastening (M) Sdn. Bhd.
11. Impress Steel Wire Industries Sdn. Bhd.
12. Fastenal Malaysia Sdn. Bhd.
13. Fuji Fastener Manufacturing Sdn. Bhd.
14. Kerry-Apex (Thailand) Co., Ltd.
15. Kimmu Trading Sdn., Bhd.
16. Kimmu Industries Sdn. Bhd.
17. Madura Fasteners Sdn. Bhd.
18. Multi Venture Resources Sdn. Bhd.
19. RM Wire Industries Sdn. Bhd.
20. S.H. Chooi Fasteners
21. SK Bolts & Fasteners Sdn. Bhd.
22. Soon Shing Building Materials Sdn. Bhd.
23. Storeit Services LLP
24. Sunmat Industries Sdn. Bhd.
25. Tag Fasteners Sdn. Bhd.
26. Tag Staples Sdn. Bhd.
27. Tampin Sin Yong Wai Industry Sdn. Bhd.
28. Top Remac Industries
29. UD Industries Sdn. Bhd.
30. Vien Group Sdn. Bhd.
31. Watasan Industries Sdn. Bhd.
32. Winston Mayer Sdn. Bhd.
33. Wing Tai Fastener Manufacturer
34. WWL India Private Ltd.
35. Yew Siong Industrial Supplies Sdn. Bhd.
[FR Doc. 2024-16686 Filed 7-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 30, 2024.
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