Certain Corrosion-Resistant Steel Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2016-2017, 39679-39681 [2018-17172]
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
consistent with section 705(c)(5)(A) of
the Act, a subsidy rate based on a
simple average of the subsidy rates
calculated for Jindal and SRF because
publicly ranged sales data was not
submitted by respondents.
Preliminary Results of Review
We preliminarily determine the total
estimated net countervailable subsidy
rates for the period January 1, 2016,
through December 31, 2016 to be:
Manufacturer/exporter
daltland on DSKBBV9HB2PROD with NOTICES
Jindal Poly Films Limited of
India ..................................
SRF Limited ..........................
Ester Industries Limited ........
Garware Polyester Ltd ..........
Polyplex Corporation Ltd ......
Vacmet India Limited ............
Subsidy rate
(percent ad
valorem)
10.71
7.47
9.09
9.09
9.09
9.09
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.13 Interested parties may submit
written comments (case briefs) within
30 days of publication of the
preliminary results and rebuttal
comments (rebuttal briefs) within five
days after the time limit for filing case
briefs.14 Rebuttal briefs must be limited
to issues raised in the case briefs.15
Parties who submit case or rebuttal
briefs are requested to submit with the
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.16
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s ACCESS system.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. If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and location to be
determined.18 Parties should confirm by
13 See
19 CFR 351.224(b).
19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
15 See 19 CFR 351.309(d)(2).
16 See 19 CFR 351.309(c)(2) and (d)(2).
17 See 19 CFR 351.310(c).
18 See 19 CFR 351.310.
14 See
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Jkt 244001
telephone the date, time, and location of
the hearing. Issues addressed at the
hearing will be limited to those raised
in the briefs.19 All briefs and hearing
requests must be filed electronically and
received successfully in their entirety
through ACCESS by 5:00 p.m. Eastern
Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
7. Recommendation
Assessment Rates and Cash Deposit
Requirement
39679
AGENCY:
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend to issue instructions
to CBP 15 days after publication of the
final results of review.
Pursuant to section 751(a)(2)(C) of the
Act, Commerce also intends to instruct
CBP to collect cash deposits of
estimated countervailing duties, in the
amounts shown above for each of the
respective companies shown above, on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits at the most-recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
These preliminary results of review
are issued and published in accordance
with sections 751(a)(l) and 777(i)(l) of
the Act and 19 CFR 351.213 and
351.221(b)(4).
Dated: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Partial Rescission of Administrative
Review
4. Scope of the Order
5. Subsidies Valuation Information
6. Analysis of Programs
19 See
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[FR Doc. 2018–17177 Filed 8–9–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–856]
Certain Corrosion-Resistant Steel
Products From Taiwan: Preliminary
Results of Antidumping Duty
Administrative Review and Partial
Rescission of Antidumping Duty
Administrative Review; 2016–2017
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.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable August 10, 2018.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz, Shanah Lee, or Emily Halle, 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, (202) 482–6386, and
(202) 482–0176, 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 The period of
review (POR) is June 2, 2016, through
June 30, 2017. We initially selected two
companies, Sheng Yu Steel Co., Ltd.
(SYSCO), and the previously collapsed
Prosperity Tieh Enterprise Co., Ltd.
(Prosperity), Yieh Phui Enterprise Co.,
Ltd. (YP), and Synn Industrial Co., Ltd.
(Synn) entity (collectively, YP/Synn/
Prosperity entity), for individual
examination.2 For a complete
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
42974 (September 13, 2017) (Initiation Notice).
2 In the less-than-fair-value (LTFV) investigation
of the AD order, we collapsed YP with its affiliate
Synn and treated YP/Synn as a single entity in that
proceeding. 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) (Taiwan CORE
LTFV Final); unchanged in Certain CorrosionResistant Steel Products from India, Italy, the
19 CFR 351.310(c).
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Continued
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39680
Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.3 A
list of topics included in the
Preliminary Decision Memorandum is
included as an Appendix to this notice.
daltland on DSKBBV9HB2PROD with NOTICES
Partial Rescission of Administrative
Review
We initiated the instant review on
eight companies (including companies
collapsed and collectively treated as a
single entity in the LTFV
investigation).4 Pursuant to 19 CFR
351.213(d)(1), we will rescind an
administrative review, ‘‘in whole or in
part, if a party that requested a review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review.’’
Because all relevant parties timely
withdrew their requests for review of
certain companies listed in the
Initiation Notice, we are rescinding the
administrative review with respect to
the following three companies: Great
Grandeul Steel Co., Ltd., Meng Sin
Material Co., Ltd., and Xxentria
Technology Materials Co., Ltd.
Accordingly, the remaining companies
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). No party challenged the
underlying collapsing finding with respect to YP
and Synn in the instant review and, as such, we
preliminarily determine to collapse YP with its
affiliate Synn and thus continue to collapse YP and
Synn as a single entity for the purposes of this
proceeding. For a further discussion of the
affiliation and collapsing determinations, see
memorandum, ‘‘Administrative Review of the
Antidumping Duty Order on Certain CorrosionResistant Steel Products from Taiwan: Preliminary
Affiliation and Collapsing Memorandum for Yieh
Phui Enterprise Co., Ltd. and Synn Industrial Co.,
Ltd.,’’ dated concurrently with this memorandum
(Affiliation-Collapsing Memo). Also, in the LTFV
investigation, we collapsed Prosperity with Synn,
and thereby collapsed Prosperity, Synn, and YP
into a single entity, called the YP/Synn/Prosperity
entity. See Taiwan CORE LTFV Final. This
determination was challenged by respondent
parties in the investigation and is subject to
pending litigation in that proceeding. As discussed
in greater detail in the Affiliation-Collapsing Memo,
we find that the facts on the instant record do not
support a finding that Prosperity, YP, and Synn be
treated as a single entity for the purposes of this
administrative review. However, we preliminarily
determine to continue to collapse YP and Synn into
the YP/Synn entity. Therefore, though only two
respondents were selected for individual
examination at the outset of the instant review, as
a result of the preliminary affiliation/collapsing
determination, Commerce is effectively reviewing
three respondents, YP/Synn, SYSCO, and
Prosperity for individual examination.
3 See memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review: Certain
Corrosion-Resistant Steel Products from Taiwan,
2016–2017,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Initiation Notice.
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19:03 Aug 09, 2018
Jkt 244001
subject to the instant review are
Prosperity, YP/Synn,5 SYSCO, and
Chung Hung Steel Corporation.
Scope of the Order 6
The product covered by the order is
flat-rolled steel products, either clad,
plated, or coated with corrosionresistant metals such as zinc, aluminum,
or zinc-, aluminum-, nickel- or ironbased alloys, whether or not corrugated
or painted, varnished, laminated, or
coated with plastics or other nonmetallic 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.
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 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. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
5 As described above, YP and Synn are treated as
a single entity for purposes of these preliminary
results. See Affiliation-Collapsing Memo.
6 For the full text of the scope of the order, see
the Preliminary Decision Memorandum.
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Frm 00024
Fmt 4703
Sfmt 4703
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content.
Preliminary Results of the Review
We preliminarily determine the
following weighted-average dumping
margins exist for the POR:
Exporter/producer
Chung Hung Steel Corporation ..
Prosperity Tieh Enterprise Co.,
Ltd ...........................................
Yieh Phui Enterprise Co., Ltd.
and Synn Industrial Co., Ltd ...
Sheng Yu Steel Co. Ltd .............
Weightedaverage
dumping
margin
(percent)
7 2.52
3.04
1.31
4.89
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.
If the weighted-average dumping
margin for the mandatory respondents
(i.e., SYSCO, Prosperity, and YP/Synn)
is not zero or de minimis (i.e., less than
0.5 percent), we will calculate importerspecific ad valorem AD assessment rates
based on the ratio of the total amount of
dumping calculated for the importers
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1).8 We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is above
de minimis (i.e., 0.5 percent). Where
7 This rate is based on the rates for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis or
based entirely on facts available. See section
735(c)(5)(A) of the Act.
8 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: See 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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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
either the respondent’s weightedaverage 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 antidumping duties on
entries of merchandise covered by the
final results of this review where
applicable.
For the companies which were not
selected for individual review (i.e.,
Chung Hung), we will assign an
assessment rate based on the weightedaverage of the cash deposit rates
calculated for the companies selected
for mandatory review (i.e., SYSCO,
Prosperity, and YP/Synn), 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.9
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 allothers rate of 10.34 percent if there is no
rate for the intermediate company(ies)
involved in the transaction.10 We intend
to issue instructions to CBP 15 days
after publication of the final results of
this review.
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
9 See
section 751(a)(2)(C) of the Act.
Order.
10 See
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19:03 Aug 09, 2018
Jkt 244001
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-thanfair-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 10.34 percent, the all-others rate
established in the antidumping
investigation.11 These deposit
requirements, when imposed, shall
remain in effect until further notice.
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.12 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 five days after the date for
filing case briefs.13 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.14 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.
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.15 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 which
will be held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time
and location to be determined.16 Parties
11 Id.
12 See
19 CFR 351.224(b).
19 CFR 351.309(d).
14 See 19 CFR 351.309(c)(2) and (d)(2).
15 See 19 CFR 351.310(c).
16 See 19 CFR 351.310.
13 See
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Fmt 4703
Sfmt 9990
39681
should confirm by telephone the date,
time, and location of the hearing.
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,
within 120 days after issuance of these
preliminary results.
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.
These preliminary results of review is
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213(h).
Dated: August 3, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of 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. Partial Rescission of Review
V. Rates for Respondents Not Selected for
Individual Examination
VI. Discussion of the Methodology
A. Collapsing of Affiliated Companies
B. Comparisons to Normal Value
C. Determination of the Comparison
Method
D. Results of the Differential Prcing
Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price and Constructed Export
Price
X. Normal Value
A. Home Market Viability
B. Affiliated-Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production Analysis
E. Calculation of NV Based on Comparison
Market Prices
XI. Currency Conversion
XII. Recommendation
[FR Doc. 2018–17172 Filed 8–9–18; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\10AUN1.SGM
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Agencies
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39679-39681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17172]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission of Antidumping Duty Administrative Review; 2016-2017
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. We invite interested parties to
comment on these preliminary results.
DATES: Applicable August 10, 2018.
FOR FURTHER INFORMATION CONTACT: Paul Stolz, Shanah Lee, or Emily
Halle, 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, (202) 482-6386, and (202) 482-0176, 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\ The period of review (POR) is June 2, 2016, through
June 30, 2017. We initially selected two companies, Sheng Yu Steel Co.,
Ltd. (SYSCO), and the previously collapsed Prosperity Tieh Enterprise
Co., Ltd. (Prosperity), Yieh Phui Enterprise Co., Ltd. (YP), and Synn
Industrial Co., Ltd. (Synn) entity (collectively, YP/Synn/Prosperity
entity), for individual examination.\2\ For a complete
[[Page 39680]]
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\3\ A list of topics included
in the Preliminary Decision Memorandum is included as an Appendix to
this notice.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation
Notice).
\2\ In the less-than-fair-value (LTFV) investigation of the AD
order, we collapsed YP with its affiliate Synn and treated YP/Synn
as a single entity in that proceeding. 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) (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). No party challenged the underlying collapsing finding
with respect to YP and Synn in the instant review and, as such, we
preliminarily determine to collapse YP with its affiliate Synn and
thus continue to collapse YP and Synn as a single entity for the
purposes of this proceeding. For a further discussion of the
affiliation and collapsing determinations, 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
memorandum (Affiliation-Collapsing Memo). Also, in the LTFV
investigation, we collapsed Prosperity with Synn, and thereby
collapsed Prosperity, Synn, and YP into a single entity, called the
YP/Synn/Prosperity entity. See Taiwan CORE LTFV Final. This
determination was challenged by respondent parties in the
investigation and is subject to pending litigation in that
proceeding. As discussed in greater detail in the Affiliation-
Collapsing Memo, we find that the facts on the instant record do not
support a finding that Prosperity, YP, and Synn be treated as a
single entity for the purposes of this administrative review.
However, we preliminarily determine to continue to collapse YP and
Synn into the YP/Synn entity. Therefore, though only two respondents
were selected for individual examination at the outset of the
instant review, as a result of the preliminary affiliation/
collapsing determination, Commerce is effectively reviewing three
respondents, YP/Synn, SYSCO, and Prosperity for individual
examination.
\3\ See memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of Antidumping Duty Administrative
Review: Certain Corrosion-Resistant Steel Products from Taiwan,
2016-2017,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
We initiated the instant review on eight companies (including
companies collapsed and collectively treated as a single entity in the
LTFV investigation).\4\ Pursuant to 19 CFR 351.213(d)(1), we will
rescind an administrative review, ``in whole or in part, if a party
that requested a review withdraws the request within 90 days of the
date of publication of notice of initiation of the requested review.''
Because all relevant parties timely withdrew their requests for review
of certain companies listed in the Initiation Notice, we are rescinding
the administrative review with respect to the following three
companies: Great Grandeul Steel Co., Ltd., Meng Sin Material Co., Ltd.,
and Xxentria Technology Materials Co., Ltd. Accordingly, the remaining
companies subject to the instant review are Prosperity, YP/Synn,\5\
SYSCO, and Chung Hung Steel Corporation.
---------------------------------------------------------------------------
\4\ See Initiation Notice.
\5\ As described above, YP and Synn are treated as a single
entity for purposes of these preliminary results. See Affiliation-
Collapsing Memo.
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\6\ For the full text of the scope of the order, see the
Preliminary Decision Memorandum.
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The product covered by the order is 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.
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
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. 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 and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of the Review
We preliminarily determine the following weighted-average dumping
margins exist for the POR:
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\7\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis or based entirely on facts available. See section
735(c)(5)(A) of the Act.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Chung Hung Steel Corporation................................ \7\ 2.52
Prosperity Tieh Enterprise Co., Ltd......................... 3.04
Yieh Phui Enterprise Co., Ltd. and Synn Industrial Co., Ltd. 1.31
Sheng Yu Steel Co. Ltd...................................... 4.89
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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.
If the weighted-average dumping margin for the mandatory
respondents (i.e., SYSCO, Prosperity, and YP/Synn) is not zero or de
minimis (i.e., less than 0.5 percent), we will calculate importer-
specific ad valorem AD assessment rates based on the ratio of the total
amount of dumping calculated for the importers examined sales to the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\8\ 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
[[Page 39681]]
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 antidumping duties on entries of
merchandise covered by the final results of this review where
applicable.
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\8\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: See 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., Chung Hung), 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., SYSCO, Prosperity, and YP/Synn),
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.\9\
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\9\ 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 10.34 percent if there
is no rate for the intermediate company(ies) involved in the
transaction.\10\ We intend to issue instructions to CBP 15 days after
publication of the final results of this review.
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\10\ See Order.
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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 10.34 percent, the all-
others rate established in the antidumping investigation.\11\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\11\ Id.
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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.\12\
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 five days after the date for filing
case briefs.\13\ 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.\14\ 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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\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309(d).
\14\ 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.\15\ 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 which will be held at the
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230, at a time and location to be determined.\16\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\15\ See 19 CFR 351.310(c).
\16\ 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, within 120 days
after issuance of these preliminary results.
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.
These preliminary results of review is are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213(h).
Dated: August 3, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations performing the duties of 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. Partial Rescission of Review
V. Rates for Respondents Not Selected for Individual Examination
VI. Discussion of the Methodology
A. Collapsing of Affiliated Companies
B. Comparisons to Normal Value
C. Determination of the Comparison Method
D. Results of the Differential Prcing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price and Constructed Export Price
X. Normal Value
A. Home Market Viability
B. Affiliated-Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production Analysis
E. Calculation of NV Based on Comparison Market Prices
XI. Currency Conversion
XII. Recommendation
[FR Doc. 2018-17172 Filed 8-9-18; 8:45 am]
BILLING CODE 3510-DS-P