Notice2024-27701
Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Reviewable Sales; 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
November 26, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain steel nails (nails) from Taiwan were sold in the United States at less than normal value during the period of review (POR), July 1, 2022, through June 30, 2023. Commerce also determines that certain companies under review had no reviewable sales during the POR.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 228 (Tuesday, November 26, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 228 (Tuesday, November 26, 2024)]
[Notices]
[Pages 93274-93277]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27701]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-854]
Certain Steel Nails From Taiwan: Final Results of Antidumping
Duty Administrative Review and Final Determination of No Reviewable
Sales; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain steel nails (nails) from Taiwan were sold in the United States
at less than normal value during the period of review (POR), July 1,
2022, through June 30, 2023. Commerce also determines that certain
companies under review had no reviewable sales during the POR.
DATES: Applicable November 26, 2024.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Henry Wolfe, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington,
[[Page 93275]]
DC 20230; telephone: (202) 482-1537 or (202) 482-0574, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 16, 2024, Commerce published the preliminary results in the
2022-2023 administrative review of the antidumping duty order on nails
from Taiwan and invited interested parties to comment.\1\ On July 22,
2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\2\ The deadline for the final results is now
November 20, 2024. A summary of the events that occurred since
publication of the Preliminary Results, as well as a full discussion of
the issues raised by parties for these final results, are included in
the Issues and Decision Memorandum.\3\ Commerce conducted this
administrative review in accordance with section 751(a)(1)(B) of the
Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from Taiwan: Preliminary Results and
Rescission, in Part, of Antidumping Administrative Review; 2022-
2023, 89 FR 57856 (July 16, 2024). The list of companies for which
Commerce was rescinding the administrative review was subsequently
corrected; see Certain Steel Nails from Taiwan: Preliminary Results
and Rescission, in Part, of Antidumping Administrative Review; 2022-
2023; Correction, 89 FR 62721 (August 1, 2024).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Certain Steel Nails from Taiwan; 2022-2023,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
This review covers 23 producers and/or exporters of the subject
merchandise. Commerce selected four companies, Cyuan Hong Enterprise
Co. (Cyuan Hong), Hsieh Shun Iron Wire Mfg. Co., Ltd. (Hsieh Shun), Qi
Ding Enterprise Co. Ltd. (Qi Ding), and Yeong Ming Steel Iron Co., Ltd.
(Yeong Ming) for individual examination.\4\ Two companies, Wiresmith
Industrial Co., Ltd. (Wiresmith), and Concord International Engineering
& Trading Co., Ltd. (Concord International) reported having no
reviewable entries during the POR, see ``Final Determination of No
Reviewable Sales'' section below. The remaining producers and/or
exporters not selected for individual examination are listed in
Appendix II of this notice.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Respondent Selection,'' dated October 31,
2023; see also Memoranda, ``First Selection of Additional Mandatory
Respondents,'' dated December 29, 2023; ``Second Selection of
Additional Mandatory Respondents,'' dated January 25, 2024; and
``Third Selection of Additional Mandatory Respondents,'' dated March
7, 2024. We note that Commerce selected two additional respondents;
Concord International reported no reviewable entries and we were
unable to deliver the questionnaire to Foison Hardware Inc. at the
provided address.
---------------------------------------------------------------------------
Scope of the Order <SUP>5</SUP>
---------------------------------------------------------------------------
\5\ 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).
---------------------------------------------------------------------------
The merchandise covered by this Order are nails from Taiwan. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in case briefs are addressed in the Issues and
Decision Memorandum and are listed in Appendix I 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 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 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>.
Changes Since the Preliminary Results
In response to comments made by interested parties, Commerce made
changes to the dumping margin assigned to non-examined companies under
review. The Issues and Decision Memorandum contains a description of
this change.
Final Determination of No Reviewable Sales
In the Preliminary Results, Commerce determined that resellers
Wiresmith and Concord International had no reviewable sales of subject
merchandise during the POR.\6\ We received no comments from interested
parties regarding our preliminary determination and do not have any
information on the record to contradict this determination. Therefore,
we continue to find that these two companies had no reviewable sales
during the POR. As discussed further in the ``Assessment Rates''
section below, we will instruct CBP to liquidate any existing entries
of subject merchandise produced by Wiresmith and Concord
International's respective unaffiliated suppliers and attributed to
Wiresmith and Concord International at the rate applicable to the
unaffiliated producers, or the all-others rate if there is no rate for
the unaffiliated producers.\7\
---------------------------------------------------------------------------
\6\ See Preliminary Results, 89 FR at 57857-57858.
\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954, 23954 (May 6, 2003)
(Assessment of Antidumping Duties); see also Certain Pasta from
Turkey: Notice of Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 23974, 23977 (April 29, 2011),
unchanged in Pasta from Turkey: Notice of Final Results of the 14th
Antidumping Duty Administrative Review, 76 FR 68399 (November 4,
2011).
---------------------------------------------------------------------------
Use of Adverse Facts Available
As discussed in the Preliminary Results, we are relying entirely
upon facts otherwise available, pursuant to sections 776(a) and (b) of
the Act, to assign estimated dumping margins to mandatory respondents
Cyuan Hong, Hsieh Shun, Qi Ding, and Yeong Ming because these companies
were unresponsive to our requests for information, and thereby withheld
necessary information that was requested by Commerce, failed to provide
the information requested by the specified deadlines in the form and
manner requested, and significantly impeded the review. Further,
Commerce finds that Cyuan Hong, Hsieh Shun, Qi Ding, and Yeong Ming
failed to cooperate by not acting to the best of their ability to
comply with requests for information and, thus, Commerce is applying an
adverse inference in selecting among the facts available, in accordance
with section 776(b) of the Act. Using adverse facts available (AFA), we
are assigning these companies a rate of 78.17 percent, which is the
highest rate applied in any segment of this proceeding.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we revised the
weighted average margin assigned to the respondents not selected for
individual examination.\8\ For detailed information, see the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum at Comment 1.
---------------------------------------------------------------------------
Rate for Non-Selected Companies
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 an 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
[[Page 93276]]
individually investigated, excluding any zero or de minimis margins,
and any margins determined entirely {on the basis of facts
available{time} .'' Under section 735(c)(5)(B) of the Act, if the
estimated dumping margins established for all exporters and producers
individually investigated are zero or de minimis margins, or are
determined entirely under section 776, the administering authority may
use any reasonable method to establish the estimated all-others rate
for exporters and producers not individually investigated, including
averaging the dumping margins determined for the exporters and
producers individually investigated.
For the final results of this administrative review, we continue to
base the weighted average dumping margins for Cyuan Hong, Hsieh Shun,
Qi Ding, and Yeong Ming, the mandatory respondents in this review,
entirely on AFA. However, while we preliminarily found that it was
appropriate to assign the calculated rate from the prior proceeding to
the non-selected companies under review, for these final results of
review, we have instead assigned the non-selected companies an average
of the mandatory respondents' AFA rate. Therefore, we are assigning a
margin of 78.17 percent to the companies not individually examined (see
Appendix II for a full list of these companies). For further
discussion, see the Issues and Decision Memorandum.
Final Results of Review
We have determined the following dumping margins for the firms
listed below for the period July 1, 2022, through June 30, 2023:
---------------------------------------------------------------------------
\9\ See Appendix II for a full list of companies not
individually examined in this review.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Cyuan Hong Enterprise Co.................................... 78.17
Hsieh Shun Iron Wire Mfg. Co., Ltd.......................... 78.17
Qi Ding Enterprise Co., Ltd................................. 78.17
Yeong Ming Steel Iron Co., Ltd.............................. 78.17
Companies under Review Not Selected for Individual 78.17
Examination\9\.............................................
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the final results of administrative review
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 the final results in the Federal Register, in accordance with 19 CFR
351.224(b). However, because Commerce applied AFA to the four companies
subject to this this review, in accordance with section 776 of the Act,
there are no calculations to disclose.
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. For the companies
that were not selected for individual examination, we will instruct CBP
to assess antidumping duties at the assessment rate assigned to the
companies, 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.\10\ Because we
continue to find Concord International and Wiresmith had no reviewable
entries during the POR in the final results, any suspended entries of
subject merchandise associated with these companies will be liquidated
at the rate applicable to the unaffiliated producers, or the all-others
rate if there is no rate for the unaffiliated producers.
---------------------------------------------------------------------------
\10\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by an
individually examined respondent for which it did not know its
merchandise was destined for the United States, we intend to 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.\11\
---------------------------------------------------------------------------
\11\ See Assessment of Antidumping Duties, 68 FR at 23954.
---------------------------------------------------------------------------
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
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective 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 of
this administrative review, as provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for Cyuan Hong, Hsieh Shun, Qi Ding,
Yeong Ming, and the companies listed in Appendix II will be equal to
the appropriate dumping margin 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 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 original less than fair value (LTFV)
investigation, but the producer has been covered in a prior completed
segment of this proceeding, then the cash deposit rate will be the rate
established in the completed segment for the most recent period for the
producer of the merchandise; and (4) the cash deposit rate for all
other producers and exporters will continue to be 2.16 percent, the
all-others rate established in the LTFV investigation, as amended.\12\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
---------------------------------------------------------------------------
\12\ See Certain Steel Nails from Taiwan: Notice of Court
Decision Not in Harmony With Final Determination in Less Than Fair
Value Investigation and Notice of Amended Final Determination, 82 FR
55090 (November 20, 2017).
---------------------------------------------------------------------------
Notification to Importers
This notice 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 the POR. 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 (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return/destruction of
[[Page 93277]]
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) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: November 20, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I--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 Calculate the Non-Selected Respondents'
Rate Based on the Mandatory Respondents' Rates
VI. Recommendation
Appendix II--List of Companies Under Review Not Selected for Individual
Examination
1. Bestwell International Corporation
2. Create Trading Co., Ltd.
3. Dar Yu Enterprise Co., Ltd.
4. Fastnet Corporation
5. Foison Hardware Income
6. GoFast Company Limited
7. JCH Hardware Company Inc.
8. Jockey Ben Metal Enterprise Co., Ltd.
9. Liang Chyuan Industrial Co., Ltd.; Integral Building Products
Inc.
10. Midas Union Co., Ltd.
11. Pao Shen Enterprises Co., Ltd.
12. Rodex Fasteners Corp.
13. Spec Products Corporation
14. Ume-Pride International Inc.
15. WTA International Co., Ltd.
16. Wu Shun Enterprise Co.
17. Yeun Chang Hardware Tool Company Limited
[FR Doc. 2024-27701 Filed 11-25-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 26, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.