[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74669-74671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25852]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers/exporters subject to this review made sales of subject
merchandise at less than normal value during the period of review (POR)
July 1, 2018 through June 30, 2019. We invite interested parties to
comment on these preliminary results.
DATES: Applicable November 23, 2020.
FOR FURTHER INFORMATION CONTACT: Charles Doss or Kate Sliney, 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) 482-4474 and (202) 482-2437,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty (AD) order on certain corrosion-resistant steel products (CORE)
from Taiwan,\1\ covering the following two respondents: (1) Prosperity
Tieh Enterprise Co., Ltd. (Prosperity); and (2) the previously
collapsed Yieh Phui Enterprise Co., Ltd. (YP) and Synn Co., Ltd. (Synn)
entity (collectively, YP/Synn).\2\ On March 16, 2020, we extended the
preliminary results of this review to no later than July 30, 2020.\3\
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\4\ On July 21, 2020 Commerce tolled all deadlines
in administrative reviews by 60 days, thereby extending the deadline
for these preliminary results until November 17, 2020.\5\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\6\ A
[[Page 74670]]
list of topics included in the Preliminary Decision Memorandum is
included 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 https://access.trade.gov. In addition, the complete
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47242 (September 9, 2019).
\2\ In the less-than-fair-value (LTFV) investigation of the AD
order, we collapsed Prosperity, YP, and Synn and treated them as a
single entity. See Certain Corrosion-Resistant Steel Products from
Taiwan: Final Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical Circumstances, in Part,
81 FR 35313 (June 2, 2016) and accompanying Issues and Decision
Memorandum (IDM) at Comment 3 (Taiwan CORE LTFV Final); unchanged in
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, 82 FR 48390 (July 25, 2016)
(Order). The determination to collapse Prosperity with Synn was
challenged by respondent parties in the investigation and was
subject to pending litigation in Taiwan CORE LTFV Final. In the
first antidumping duty administrative review, we determined to no
longer collapse Prosperity with YP and Synn but we continued to
collapse YP and Synn and treat them as a single entity. See Certain
Corrosion-Resistant Steel Products From Taiwan: Preliminary Results
of Antidumping Duty Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review; 2016- 2017, 83 FR 39679
(August 10, 2018); unchanged in Certain Corrosion-Resistant Steel
Products From Taiwan: Final Results of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 64527 (December 17, 2018);
amended by Certain Corrosion-Resistant Steel Products From Taiwan:
Amended Final Results of Antidumping Duty Administrative Review;
2016-2017, 84 FR 5991 (February 25, 2019).
\3\ See Memorandum, ``Certain Corrosion-Resistant Steel Products
from Taiwan: Extension of Time Limit for Preliminary Results of the
2018-2019 Antidumping Duty Administrative Review,'' dated March 16,
2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2018-2019 Antidumping Duty Administrative Review:
Certain Corrosion-Resistant Steel Products from Taiwan,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order 7
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\7\ For the full text of the scope of the order, see the
Preliminary Decision Memorandum.
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The products covered by the order are 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. The subject merchandise is currently classifiable
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000,
7212.40.5000, 7212.50.0000, and 7212.60.0000. The products subject to
the orders may also enter under the following HTSUS item numbers:
7210.90.1000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.91.0000, 7225.92.0000, 7225.99.0090, 7226.99.0110,
7226.99.0130, 7226.99.0180, 7228.60.6000, 7228.60.8000, and
7229.90.1000. The HTSUS subheadings above are provided for convenience
and customs purposes only. The written description of the scope of the
order is dispositive.
Affiliation and Collapsing
As noted above, YP and Synn were collapsed and treated as a single
entity for the purposes of the LTFV investigation and each of the prior
administrative reviews of this antidumping order. As a result, we
selected the YP/Synn entity as a single combined respondent and treated
it as such in the pre-preliminary phase of this review. However, we
preliminarily determine that the instant record no longer supports a
finding that YP should be collapsed with Synn, and therefore should no
longer be collapsed as the YP/Synn entity.\8\
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\8\ For a further discussion of the preliminary affiliation and
collapsing determination, see Memorandum, ``Administrative Review of
the Antidumping Duty Order on Certain Corrosion-Resistant Steel
Products from Taiwan: Preliminary Affiliation and Collapsing
Memorandum for Yieh Phui Enterprise Co., Ltd. and Synn Industrial
Co., Ltd.,'' dated concurrently with this notice (Affiliation-
Collapsing Memo).
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Preliminary Determination of No Shipments
On September 20, 2019, Synn submitted a letter certifying that it
had no exports or sales of subject merchandise into the United States
during the POR.\9\ U.S. Customs and Border Protection (CBP) did not
have any information to contradict these claims of no shipments during
the POR.\10\ Therefore, pursuant to our preliminarily determination to
treat YP and Synn as distinct respondents for the purposes of this
administrative review, as discussed immediately above, we preliminarily
determine that Synn did not have any reviewable transactions during the
POR. Consistent with Commerce's practice, we will not rescind the
review with respect to Synn, but rather will complete the review and
issue instructions to CBP based on the final results.\11\
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\9\ See Synn's Letter, ``Corrosion-Resistant Steel Products from
Taiwan; No Shipment Certification,'' dated September 20, 2019
(Synn's No Shipment Certification).
\10\ See Memorandum, ``2018-2019 Administrative Review of on
Certain Corrosion-Resistant Steel Products from Taiwan: U.S. Customs
and Border Protection Data,'' dated November 10, 2020.
\11\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1) and (2) of Tariff Act of 1930, as amended (the Act). Export
price and constructed export price were calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of the Review
Commerce preliminarily determines the following weighted-average
dumping margins exist for the period July 1, 2018 through June 30,
2019:
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Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
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Hoa Sen Group........................................... 1.51
Nippon Steel............................................ 1.51
Prosperity Tieh Enterprise Co., Ltd..................... 0.00
Sheng Yu Steel Co., Ltd................................. 1.51
Sumikin Sales Vietnam Co., Ltd.......................... 1.51
Ton Dong A Corporation.................................. 1.51
Yieh Phui Enterprise Co., Ltd........................... 1.51
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem AD 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).\12\ 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., 0.5 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. The final results of this review
shall be the basis for the assessment of
[[Page 74671]]
antidumping duties on entries of merchandise covered by the final
results of this review where applicable.
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\12\ 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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For the companies which were not selected for individual review
(i.e., Hoa Sen Group, Nippon Steel, Sheng Yu Steel Co., Ltd., Sumikin
Sales Vietnam Co., Ltd., and Ton Dong A Corporation), we will assign an
assessment rate based on the weighted-average of the cash deposit rates
calculated for the companies selected for mandatory review (i.e.,
Prosperity and YP), excluding any which are de minimis or determined
entirely on adverse facts available. 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.\13\
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\13\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which they did not know that their merchandise was
destined for the United States, we will instruct CBP to liquidate
entries not reviewed at the all-others rate of 3.66 percent established
in the LTFV investigation \14\ if there is no rate for the intermediate
company(ies) involved in the transaction.\15\ We intend to issue
instructions to CBP 15 days after publication of the final results of
this review.
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\14\ See Corrosion-Resistant Steel Products from Taiwan: Notice
of Court Decision Not in Harmony with Final Determination of
Antidumping Duty Investigation and Notice of Amended Final
Determination of Investigation, 84 FR 6129 (February 26, 2019)
(Amended Final Determination).
\15\ 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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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of CORE from Taiwan entered, or withdrawn from warehouse,
for consumption on or after the date of publication 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 rates are 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 less-than-fair-value investigation but
the producer is, 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 3.66 percent, the all-others
rate established in Amended Final Determination.\16\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\16\ See Amended Final Determination.
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Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\17\
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not 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 seven days after the date for
filing case briefs.\18\ Parties who submit case briefs or rebuttal
briefs in this proceeding are requested to submit with the argument:
(1) A statement of the issue, (2) a summary of the argument, and (3) a
table of authorities.\19\ All briefs must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS.
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\17\ See 19 CFR 351.224(b).
\18\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020) (collectively, Temporary Rule).
\19\ See 19 CFR 351.309(c)(2) and (d)(2).
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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, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\20\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. 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.\21\ Parties should confirm by telephone the date, time,
and location of the hearing.
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\20\ See 19 CFR 351.310(c).
\21\ 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.
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 doubled antidumping duties.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: November 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Preliminary Determination of No Shipments
VI. Rates for Respondents Not Selected for Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020-25852 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P