Notice2025-05891
Certain Steel Nails From Malaysia: Final Results of Antidumping Duty Administrative Review and Final Rescission of 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
April 7, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain steel nails (nails) from Malaysia were sold at less than normal value during the period of review (POR), July 1, 2022, through June 30, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 65 (Monday, April 7, 2025)</title>
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[Federal Register Volume 90, Number 65 (Monday, April 7, 2025)]
[Notices]
[Pages 14966-14969]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05891]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-816]
Certain Steel Nails From Malaysia: Final Results of Antidumping
Duty Administrative Review and Final Rescission of Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain steel nails (nails) from Malaysia were sold at less than normal
value during the period of review (POR), July 1, 2022, through June 30,
2023.
DATES: Applicable April 7, 2025.
FOR FURTHER INFORMATION CONTACT: John 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) 482-0195.
SUPPLEMENTARY INFORMATION:
Background
On July 22, 2024, Commerce tolled certain deadlines in this
administrative
[[Page 14967]]
proceeding by seven days.\1\ On July 30, 2024, Commerce published the
Preliminary Results of the 2022-2023 administrative review of the
antidumping duty (AD) order on nails from Malaysia.\2\ We invited
interested parties to comment on the Preliminary Results.\3\ On
November 26, 2024, we extended the deadline for these final results
until January 31, 2024.\4\ On December 9, 2024, Commerce tolled the
deadline to issue the final results in this administrative review by 90
days.\5\ Accordingly, the deadline for these final results is now April
24, 2025. For a detailed summary of the events that occurred since
Commerce published the Preliminary Results, see the Issues and Decision
Memorandum.\6\
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\1\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\2\ See Certain Steel Nails from Malaysia: Preliminary Results
of Antidumping Duty Administrative Review and Preliminary Rescission
of Review, in Part; 2022-2023, 89 FR 61060 (July 30, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\3\ See Preliminary Results, 89 FR at 61061.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated November 26, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and
Decision Memorandum).
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Scope of the Order \7\
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\7\ 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).
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The products covered by the scope of the Order are nails from
Malaysia. For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.\8\
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\8\ See Issues and Decision Memorandum at 1-2.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this review are addressed in the Issues and
Decision Memorandum. A list of the topics included in the Issues and
Decision Memorandum is attached as Appendix I to this notice. The
Issues and Decision Memorandum is a public document and is made
available to the public 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 found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rescission of Review
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
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\9\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the AD
assessment rate calculated for the review period.\10\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct U.S. Customs and Border
Protection (CBP) to liquidate at the AD assessment rate calculated for
the review period.\11\
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\9\ 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).
\10\ See 19 CFR 351.212(b)(1).
\11\ See 19 CFR 351.213(d)(3).
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On July 24, 2024, we issued a memorandum to all interested parties
listing 36 companies for which we initiated this administrative review
and for which there was no evidence of any suspended entries during the
POR.\12\ See Appendix II for a list of these companies. We invited
parties to comment, and we received no comments. Accordingly, in the
absence of suspended entries of subject merchandise during the POR, we
are hereby rescinding this administrative review for these 36
companies, in accordance with 19 CFR 351.213(d)(3).
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\12\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated July 24, 2024.
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Changes Since the Preliminary Results
We made no changes to the margin calculation methodology used in
the Preliminary Results and have not changed the dumping margin for
these final results of review, as discussed in the Issues and 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 Tariff Act
of 1930, as amended (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 and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
In this review, we preliminarily calculated 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) that are not zero, de
minimis, or determined entirely on the basis of facts available.\13\
For the final results, we continue to calculate weighted-average
dumping margins for both Region and Inmax that are not zero, de
minimis, or determined entirely on the basis of facts available.
Accordingly, consistent with our practice, for the final results of
this review, we continue to assign to the non-selected mandatory
respondents a dumping margin which is determined as the simple average
of the margins calculated for Region and Inmax.
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\13\ See Preliminary Results, 89 FR 61061.
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Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the period July 1, 2022, through June 30, 2023:
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\14\ See Appendix III for the list of non-selected respondents.
[[Page 14968]]
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Estimated weighted-
Producer/exporter average dumping
margin (percent)
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Region International Co., Ltd./Region System Sdn. 1.28
Bhd................................................
Inmax Sdn. Bhd./Inmax Industries Sdn. Bhd........... 0.74
Non-Selected Respondents \14\....................... 1.01
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Disclosure of Calculations
The final weighted-average dumping margins assigned to Inmax and
Region for the final results in this review have not changed since the
Preliminary Results. Accordingly, no disclosure of calculations is
necessary for these final results.
Assessment Rates
Commerce shall determine, and CBP shall assess, antidumping duties
on all appropriate entries.\15\ For any individually examined
respondents whose weighted-average dumping margin is above de minimis,
we calculated importer-specific ad valorem 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). Upon issuance of the
final results of this administrative review, if any importer-specific
assessment rates calculated in the final results are above de minimis
(i.e., at or above 0.5 percent), Commerce will issue instructions
directly to CBP to assess antidumping duties on appropriate entries.
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\15\ 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 Proceedings: Final Modification, 77 FR
8101 (February 14, 2012).
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To determine whether the duty assessment rates covering the period
were de minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), we calculated importer (or customer)-specific ad valorem
rates by aggregating the amount of dumping calculated for all U.S.
sales to that importer or customer and dividing this amount by the
total entered value of the sales to that importer (or customer). Where
an importer (or customer)-specific ad valorem rate is greater than de
minimis, and the respondent has reported reliable entered values, we
will apply the assessment rate to the entered value of the importer/
customer's entries during the POR.
For the companies identified in Appendix II that were not selected
for individual examination, we will instruct CBP to liquidate entries
at the rates established in these final results of review.
For entries of subject merchandise during the POR produced by any
of these companies for which they did not know their 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\
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\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 appropriate assessment instructions
directly 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 notice of these final
results for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the publication
date, as provided by section 751(a)(2) 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 the review; (2) for merchandise exported by producers or
exporters 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 original 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 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: Amended Final
Determination of Sales at Less Than Fair Value, 80 FR 34370 (June
16, 2015).
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Notification to Importers Regarding the Reimbursement of Duties
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 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 (APO)
This notice also serves as a 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 or 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
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221.
Dated: March 31, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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
[[Page 14969]]
IV. Discussion of the Issues
A. Region-Specific Issues
Comment 1: Timeliness of Supplemental Questionnaire Response
Submission
Comment 2: Reporting of Cost of Production (COP)
B. Inmax-Specific Issues
Comment 3: Home Market Sales are Not Bona Fide
Comment 4: Reporting of Cost Information
Comment 5: Scrap Offset
V. Recommendation
Appendix II
Companies With No Entries During the POR
1. Alsons Manufacturing India, LLP.
2. Asia Bolts & Nuts Sdn. Bhd.
3. Astrotech Steels Pvt. Ltd.
4. AV Fastener (M) Sdn. Bhd.
5. Chia Pao Metal Co., Ltd.
6. Chin Lai Hardware Sdn. Bhd.
7. Chin Well Fasteners Co.
8. Chuan Heng Hardware Paints and Building Materials Sdn. Bhd.
9. Come Best (Thailand) Co., Ltd.
10. Gbo Fastening Systems AB.
11. Geekay Wires Limited.
12. Gripwell Fastening (M) Sdn. Bhd.
13. Impress Steel Wire Industries Sdn. Bhd.
14. Fastenal Malaysia Sdn. Bhd.
15. Fuji Fastener Manufacturing Sdn. Bhd.
16. Kerry-Apex (Thailand) Co., Ltd.
17. Kimmu Industries Sdn. Bhd.
18. Modern Factory for Steel Industries Co., Ltd.
19. Multi Venture Resources Sdn. Bhd.
20. Oman Fasteners LLC.
21. RM Wire Industries Sdn. Bhd.
22. S.H. Chooi Fasteners.
23. SK Bolts & Fasteners Sdn. Bhd.
24. Soon Shing Building Materials Sdn. Bhd.
25. Storeit Services LLP.
26. Sunmat Industries Sdn. Bhd.
27. Tag Staples Sdn. Bhd.
28. Tampin Sin Yong Wai Industry Sdn. Bhd.
29. Top Remac Industries.
30. Trinity Steel Private Limited.
31. UD Industries Sdn. Bhd.
32. Vien Group Sdn. Bhd.
33. Watasan Industries Sdn. Bhd.
34. Wing Tai Fastener Manufacturer.
35. WWL India Private Ltd.
36. Yew Siong Industrial Supplies Sdn. Bhd.
Appendix III
Companies Not Selected for Individual Review
1. Kimmu Trading Sdn., Bhd.
2. Madura Fasteners Sdn. Bhd.
3. Tag Fasteners Sdn. Bhd.
4. Winston Mayer Sdn. Bhd.
[FR Doc. 2025-05891 Filed 4-4-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 7, 2025.
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