Notice2024-18411
Stainless Steel Sheet and Strip in Coils From Taiwan: Preliminary Results, Preliminary Determination of No Shipments, and Rescission, in Part, of Antidumping Duty Administrative Review; 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
August 16, 2024
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 were sold at less than normal value during the period of review (POR), July 1, 2022, through June 30, 2023. Additionally, Commerce is rescinding this review, in part, with respect to certain companies. Commerce also preliminarily determines that certain companies for which we initiated a review 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 89 Issue 159 (Friday, August 16, 2024)</title>
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[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Pages 66683-66686]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18411]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-831]
Stainless Steel Sheet and Strip in Coils From Taiwan: Preliminary
Results, Preliminary Determination of No Shipments, and Rescission, in
Part, of Antidumping Duty Administrative Review; 2022-2023
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 were sold at less than normal value during the
period of review (POR), July 1, 2022, through June 30, 2023.
Additionally, Commerce is rescinding this review, in part, with respect
to certain companies. Commerce also preliminarily determines that
certain companies for which we initiated a review had no shipments
during the POR. We invite interested parties to comment on these
preliminary results.
DATES: Applicable August 16, 2024.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, 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) 482-3251.
SUPPLEMENTARY INFORMATION:
Background
On July 27, 1999, Commerce published in the Federal Register the
antidumping duty (AD) order on SSSSC from Taiwan.\1\ On July 7, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On September 11,
2023, based on a timely request for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review.\3\ This review
covers 61 producers and/or exporters of the subject merchandise.\4\
Commerce selected Tung Mung Development Co Ltd. (Tung Mung) and Yieh
Trading Corporation (Yieh Corporation) for individual examination.\5\
The producers 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, 88 FR 42693 (July 7, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation
Notice).
\4\ Id.
\5\ See Memorandum, ``Respondent Selection,'' dated March 4,
2023.
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\6\ The deadline for the
preliminary results is now August 6, 2024. For a complete description
of the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\7\
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\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results Administrative Review of the Antidumping Duty Order on
Stainless Steel Sheet and Strip in Coils from Taiwan; 2022-2023,''
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 is certain stainless steel
sheet and strip in coils. For a complete description of the scope of
the Order see Preliminary Decision Memorandum.
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).
Pursuant to sections 776(a) and (b) of the Act, Commerce
[[Page 66684]]
preliminarily relied entirely upon facts otherwise available with
adverse inferences for Yieh Corporation.
For a complete 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
Appendix I 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>.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order when there are no
suspended entries of subject merchandise during the POR.\8\ Normally,
upon completion of an administrative review, the suspended entries are
liquidated at the AD assessment rate calculated for the review
period.\9\ Therefore, for an administrative review to be conducted,
there must be a suspended entry that Commerce can instruct CBP to
liquidate at the AD assessment rate calculated for the review
period.\10\
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\8\ See, e.g., Dioctyl Terephthalate from the Republic of Korea:
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to-Length Plate from the Federal Republic of Germany: Recission of
Antidumping Administrative Review; 2020-2021, 88 FR 4154 (January
24, 2023).
\9\ See 19 CFR 351.212(b)(1).
\10\ See 19 CFR 351.213(d)(3).
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There were no suspended entries of subject merchandise during the
POR for the 52 companies listed in Appendix II.\11\ On December 11,
2023, Commerce notified all interested parties of its intent to rescind
the administrative review in part with respect to these companies,
because there were no suspended entries of subject merchandise during
the POR and invited interested parties to comment.\12\ No interested
party submitted comments in response to this notice. Accordingly, in
the absence of suspended entries of subject merchandise during the POR
for these companies for which this review was initiated, we are,
hereby, rescinding this administrative review, in part, with respect to
these 52 companies, in accordance with 19 CFR 351.213(d)(3).
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\11\ This list includes two companies, Yieh Mau Corporation
(Yieh Mau) and Yieh Phui Enterprise Co., Ltd. (Yieh Phui) which
submitted no shipment certifications but did not have suspended
entries of subject merchandise during the POR.
\12\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated December 11, 2024.
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Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. On
December 11, 2023, North American Stainless and Outokumpu Stainless
USA, LLC, (collectively, the domestic interested parties) timely
withdrew their request for an administrative review with respect to
Lien Kuo Metal Industries Co., Ltd. and S More Steel Materials Co.,
Ltd.\13\ Because no other parties requested a review of these two
companies, we are rescinding the administrative review in part, with
respect to these two companies, as noted in Appendix II.
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\13\ See Domestic Interested Parties' Letter, ``Domestic
Interested Parties' Partial Withdrawal of Request for Administrative
Review,'' dated December 11, 2023.
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Preliminary Determination of No Shipments
Yieh United Steel Corporation (YUSCO) reported that it made no
sales or exports of subject merchandise to the United States during the
POR.\14\ Additionally, Tung Mung reported that it had no sales of
subject merchandise to the United States during the POR.\15\ CBP data
indicated that entries of subject merchandise were made under the CBP
10-digit case reference file numbers for YUSCO and Tung Mung. We
requested additional information from CBP including entry summary
documents for certain POR entries attributed to Tung Mung and YUSCO,
respectively.\16\ Based on an analysis of information on the record, we
preliminary determine that Tung Mung and YUSCO made no shipments of
subject merchandise to the United States during the POR. Further,
consistent with Commerce's practice, we find that it is not appropriate
to rescind the review with respect to Tung Mung and YUSCO, but rather
to complete the review and issue appropriate assessment instructions to
CBP based on the final results of review.\17\
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\14\ See YUSCO's Letter, ``No Shipment Certification,'' dated
October 11, 2023.
\15\ See Tung Mung's Letters, ``Aluminum Extrusions from China
{sic{time} ,'' dated April 1, 2024; ``Stainless Steel Sheet and
Strip in Coils (SSSSC) from Taiwan,'' dated April 17, 2024.
\16\ See Memorandum, ``Release of U.S. Customs and Border
Protection Information,'' dated May 3, 2024; see also Memorandum,
``Release of U.S. Customs and Border Protection Information,'' dated
July 17, 2024.
\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 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.
We preliminarily based the weighted-average dumping margins for
Yieh Corporation, a mandatory respondent in this review, entirely on
adverse facts available (AFA), as discussed in the Preliminary Decision
Memorandum. Further, we preliminarily find that the mandatory
respondent's total AFA dumping margin of 21.10 percent is reasonably
reflective of the non-selected companies' potential dumping margins
during the POR. Therefore, we preliminarily assigned the margin of
21.10 percent to the four companies not individually examined. For
further discussion, see the Preliminary Decision Memorandum.
[[Page 66685]]
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period July 1, 2022, through June
30, 2023:
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Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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Yieh Trading Corporation.................................... 21.10
Review-Specific Average Rate Applicable to the Following
Companies:
Chia Far Industrial Factory Co., Ltd...................... 21.10
Ta Chen Stainless Pipe Company Ltd........................ 21.10
Tang Eng Iron Works Company, Ltd.......................... 21.10
Yu Ting Industries Co., Ltd............................... 21.10
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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 company, Yieh Corporation, 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.
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.\18 \ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the time limit for
filing case briefs.\19\ 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.\20\ 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 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.\21\ Further, we request that interested parties limit their
public executive summary of each issue to no more than 450 words, no
including citations. We intend to use the public 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 public 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).\22\
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\18\ See 19 CFR 351.309(c).
\19\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR 67069 (September
29, 2023) (APO and Service Final Rule).
\20\ See 19 CFR 351.309(c)(2) and (d)(2).
\21\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\22\ 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 Acting Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS. 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. Issues raised
in the hearing will be limited to issues raised in the respective case
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a date and time to be determined and will notify the
parties through ACCESS.\23\ Parties should confirm the date, time, and
location of the hearing two days before the scheduled date.
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\23\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS. An electronically-filed
document must be received successfully in its entirety by ACCESS by
5:00 p.m. Eastern Time on the established deadline.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, upon completion of the
administrative review, Commerce shall determine, and CBP shall assess,
antidumping duties on all appropriate entries covered by this
review.\24\
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\24\ 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.\25\
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\25\ See section 751(a)(2)(C) of the Act.
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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.\26\
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\26\ 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 Tung Mung
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
[[Page 66686]]
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.\27\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\27\ See Order.
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Final Results of Review
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 and 19 CFR
351.213(h)(1), unless otherwise extended.\28\
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\28\ See section 751(a)(3)(A) of the Act.
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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, and 19 CFR 351.221(b)(4).
Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Preliminary Determination of No Shipments
VI. Companies Not Selected for Individual Examination
VII. Discussion of the Methodology: Application of Facts Available
and Use of Adverse Inferences
VIII. Recommendation
Appendix II
Companies Rescinded From Review
Companies With No Suspended Entries
1. Broad International Resources Ltd.
2. Chain Chon Industrial Co., Ltd.
3. Cheng Feng Plastic Co., Ltd.
4. Chien Shing Stainless Co.
5. China Steel Corporation
6. Chung Hung Steel Corp
7. Chyang Dah Stainless Co., Ltd.
8. Dah Shi Metal Industrial Co., Ltd.
9. Da-Tsai Stainless Steel Co., Ltd.
10. DB Schenker (HK) Ltd. Taiwan Branch.
11. DHV Technical Information Co., Ltd.
12. Froch Enterprises Co., Ltd.
13. Gang Jou Enterprise Co., Ltd.
14. Genn Hann Stainless Steel Enterprise Co., Ltd.
15. Goang Jau Shing Enterprise Co., Ltd.
16. Goldioceans International Co., Ltd.
17. Gotosteel Ltd.
18. Grace Alloy Corp.
19. Hung Shuh Enterprises Co., Ltd.
20. Hwang Dah Steel Inc.
21. Jie Jin Stainless Steel Industry Co., Ltd.
22. JJSE Co., Ltd.
23. KNS Enterprise Co., Ltd.
24. Lancer Ent. Co., Ltd.
25. Lien Chy Laminated Metal Co., Ltd.
26. Lih Chan Steel Co., Ltd.
27. Lung An Stainless Steel Ind. Co., Ltd.
28. Master United Corp.
29. Maytun International Corp.
30. NKS Steel Ind. Ltd.
31. PFP Taiwan Co., Ltd.
32. Po Chwen Metal.
33. Prime Rocks Co., Ltd.
34. Shih Yuan Stainless Steel Enterprise Co., Ltd.
35. Silineal Enterprises Co., Ltd.
36. Stanch Stainless Steel Co., Ltd.
37. Tah Lee Special Steel Co., Ltd.
38. Taiwan Nippon Steel Stainless
39. Teng Yao Hardware Industrial Co., Ltd.
40. Tibest International Inc.
41. Ton Yi Industrial Corp
42. Tsai See Enterprise Co., Ltd.
43. Vasteel Enterprises Co., Ltd.
44. Vulcan Industrial Corporation
45. Wuu Jing Enterprise Co., Ltd.
46. Yc Inox Co., Ltd.
47. Yes Stainless International Co., Ltd.
48. Yieh Mau Corporation
49. Yieh Phui Enterprise Co., Ltd.
50. Yue Seng Industrial Co., Ltd.
51. Yuen Chang Stainless Steel Co., Ltd.
52. Yung Fa Steel & Iron Industry Co., Ltd.
Companies for Which Review Requests Were Withdrawn
1. Lien Kuo Metal Industries Co., Ltd.
2. S More Steel Materials Co., Ltd.
[FR Doc. 2024-18411 Filed 8-15-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 16, 2024.
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