Notice2024-19717
Certain Corrosion-Resistant Steel Products From Taiwan: Preliminary Results 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
September 4, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain corrosion-resistant steel products (CORE) from Taiwan are being sold in the United States at below normal value during the period of review (POR), July 1, 2022, through June 30, 2023. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 171 (Wednesday, September 4, 2024)</title>
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[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Notices]
[Pages 71878-71881]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19717]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan:
Preliminary Results 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 certain corrosion-resistant steel products (CORE) from
Taiwan are being sold in the United States at below normal value during
the period of review (POR), July 1, 2022, through June 30, 2023. We
invite interested parties to comment on these preliminary results.
DATES: Applicable September 4, 2024.
FOR FURTHER INFORMATION CONTACT: Deborah Cohen or Anjali Mehindiratta,
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) 482-4521
or (202) 482-9127, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 71879]]
Background
On July 25, 2016, Commerce published the antidumping duty order on
CORE from Taiwan in the Federal Register.\1\ On July 3, 2023, we
published in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ On September 11, 2023, 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 nine
entities.\3\ On March 12, 2024, Commerce extended the deadline for the
preliminary results until July 30, 2024.\4\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\5\ The deadline for these preliminary results is now August 6,
2024.
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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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 42693 (July 3,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation
Notice). The Initiation Notice identified 10 firms, including Yieh
Phui Enterprise Co., Ltd. (Yieh Phui). However, pursuant to the U.S.
Court of International Trade's final judgment pertaining to the
less-than-fair value (LTFV) investigation of this proceeding, Yieh
Phui was excluded from the Order. See Prosperity Tieh Enterprise
Co., Ltd. and Yieh Phui Enterprise Co., Ltd. v. United States,
Consol. Court No. 16-00138, Slip Op. 23-95 (CIT 2023) (sustaining
Commerce's second remand redetermination for the less-than-fair-
value investigation of CORE from Taiwan); see also 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), corrected by 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; Correction, 88 FR 65153
(September 21, 2023) (collectively, Third Amended Final
Determination). Accordingly, a subsequent Federal Register notice
corrected the Initiation Notice applicable to the instant review to
clarify that Commerce is not conducting an administrative review of
Yieh Phui for the July 1, 2022, through June 30, 2023 POR. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 84784, 84787 (December 6, 2023) (Corrected Initiation
Notice).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 12,
2024.
\5\ 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.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
attached 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, 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>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
for Corrosion-Resistant Steel Products 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 products covered by this Order are certain 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. A full description of the scope of
the Order is contained in the Preliminary Decision Memorandum.
Rescission of Review, In Part
As noted above, we initiated this review with respect to nine
companies.\7\ During the course of the review, we selected two
mandatory respondents, which included two of the named companies:
Prosperity Tieh Enterprises Co., Ltd. (Prosperity); and Sheng Yu Steel
Co. (SYSCO).\8\ As a consequence, there are seven companies upon which
review was requested and which were not selected for individual
examination.
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\7\ See Initiation Notice, as corrected by Corrected Initiation
Notice, 88 FR at 84787.
\8\ See Memorandum, ``Respondent Selection,'' dated October 17,
2023.
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Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, six companies listed in the Initiation Notice had no
entries of subject merchandise during the POR: (1) China Steel
Corporation; (2) Chung Hung Steel Corporation; (3) Great Fortune Steel
Co., Ltd.; (4) Great Grandeul Steel Co., Ltd.; (5) Great Grandeul Steel
Corporation; and (6) Xxentria Technology Materials Company Ltd. On May
6, 2024, we notified parties of our intent to rescind this
administrative review with respect to the six companies that had no
reviewable suspended entries during the POR.\9\ No party to the
proceeding provided comments on our Intent to Rescind Memorandum. As a
result, we are rescinding this review, in part, with respect to the six
entities listed above which had no entries in the POR.
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\9\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated May 6, 2024 (Intent to Rescind Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Export price was calculated in accordance with
section 772 of the Act. Normal value was 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-Examined Company
The Act and Commerce's regulations do not directly address the
establishment of a rate to be applied to individual companies not
selected for 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 review 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 this administrative review, we preliminarily calculated a
dumping margin of zero percent for SYSCO. We preliminary calculated a
dumping margin of 1.63 percent for Prosperity. Thus, we preliminary
assigned to the non-selected company, Great Grandeul Steel Company
Limited (Samoa),\10\ a weighted-average dumping margin of 1.63 percent,
based on the rate calculated for Prosperity, the only rate that is not
zero, de minimis, or based entirely on facts otherwise available.
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\10\ We note that Great Grandeul Steel Company Limited (Samoa)
was spelled incorrectly as Great Grandeul Steel Company Limited
(Somoa) in the Initiation Notice. See Initiation Notice, 88 FR at
62328.
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[[Page 71880]]
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margins exist for the
period July 1, 2022, through June 30, 2023:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Prosperity Tieh Enterprises Co., Ltd........................ 1.63
Sheng Yu Steel Co........................................... 0.00
Great Grandeul Steel Company Limited (Samoa)................ 1.63
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice, 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).\11\
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\11\ See 19 CFR 351.224(b).
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Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\12\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
five days after the date for filing case briefs.\13\ 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.\14\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ 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 Procedures).
\14\ See 19 CFR 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 briefs 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.\15\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not 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).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Procedures.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically via
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\17\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. Issues raised in the hearing will
be limited to those raised in the case and rebuttal briefs. 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.\18\
Parties should confirm by telephone the date, time, and location of the
hearing no fewer than two days before the scheduled date.
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\17\ See 19 CFR 351.310(c).
\18\ 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, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review and
for future deposits of estimated duties, where applicable.\19\ 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).
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\19\ See section 751(a)(2)(C) of the Act.
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If the respective weighted-average dumping margins are above de
minimis (i.e., 0.50 percent) in the final results of this review, we
will calculate importer-specific ad valorem 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).\20\ If the respondent
has not reported entered values, we will calculate a per-unit
assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total quantity associated with those sales. 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.
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\20\ 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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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by the
respondents for which they did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate
entries not reviewed at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.
For the company which wase not selected for individual examination,
we will instruct CBP to assess antidumping duties at an ad valorem
assessment rate equal to the company-specific weighted-average dumping
margin determined in the final results. For the companies for which the
administrative review is rescinded, antidumping duties shall be
assessed at a rate equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
[[Page 71881]]
publication of the notice of the final results of the administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results, as 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 rate is 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,
then 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 11.04 percent, the all-others rate
established in the Third Amended Final Determination.\21\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\21\ See Third Amended Final Determination, 88 FR at 58247.
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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
We are issuing and publishing these results 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: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
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. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-19717 Filed 9-3-24; 8:45 am]
BILLING CODE 3510-DS-P
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