Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review and Determination of No Shipments; 2017-2018, 14635-14637 [2020-05183]
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Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Notices
Exporter
Weightedaverage
dumping
margin
(dollars per
kilogram)
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on unliquidated
entries of subject merchandise exported
by the companies mentioned above
using the assessment rates listed above.
Cash Deposit Requirements
Unless the applicable cash deposit
rates have been superseded by cash
deposit rates calculated in an
intervening administrative review of the
AD order on fish fillets from Vietnam,
Commerce will instruct CBP to require
a cash deposit for estimated AD duties
at the rate noted above for each
specified exporter for entries of subject
merchandise entered or withdrawn from
warehouse for consumption on or after
June 3, 2018.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e),
751(a)(1), and 777(i)(1) of the Tariff Act
of 1930, as amended.
Dated: March 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–05182 Filed 3–12–20; 8:45 am]
BILLING CODE 3510–DS–P
jbell on DSKJLSW7X2PROD with NOTICES
[A–583–854]
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Liang
Chyuan Industrial Co., Ltd. and its
affiliate Integral Building Products Inc.
(collectively, LC), PT Enterprise, Inc.
and its affiliated producer Pro-Team
Coil Nail Enterprise, Inc. (collectively,
PT), and Unicatch Industrial Co. Ltd.
(Unicatch), made U.S. sales of subject
merchandise below normal value during
the period of review (POR) July 1, 2017
through June 30, 2018.
DATES: Applicable March 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, Suzanne Lam, or Joseph
Dowling, AD/CVD Operations, Office
VIII, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6905,
(202) 482–0783, or (202) 482–1646,
respectively.
AGENCY:
Assessment Instructions
3 This rate is applicable to the Vinh Hoan Group
which includes: Vinh Hoan Corporation and its
affiliates Van Duc Food Export Joint Company and
Van Duc Tien Giang. This rate did not change from
the First Timken Notice.
4 This company includes the trade name Anvifish
Co., Ltd.
5 This rate is also applicable to QVD Dong Thap
Food Co., Ltd. (Dong Thap) and Thuan Hung Co.,
Ltd. (THUFICO). In the second review of this order,
Commerce found QVD Food Company Ltd., Dong
Thap and THUFICO to be a single entity, and,
because there has been no evidence submitted on
the record of this review that calls this
determination into question, we continue to find
these companies to be part of a single entity.
Therefore, we assign this rate to the companies in
the single entity. See Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Preliminary
Results of Antidumping Duty Administrative
Review, 71 FR 53387 (September 11, 2006).
18:16 Mar 12, 2020
International Trade Administration
Certain Steel Nails From Taiwan: Final
Results of Antidumping Duty
1.26 Administrative Review and
Determination of No Shipments; 2017–
1.26
2018
Southern Fisheries Industries
Company Ltd .....................
Vinh Quang Fisheries Corporation .............................
VerDate Sep<11>2014
DEPARTMENT OF COMMERCE
Jkt 250001
SUPPLEMENTARY INFORMATION:
Background
On September 12, 2019, Commerce
published the Preliminary Results of
this administrative review.1 For a
discussion of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.2 On
December 16, 2019, we partially
extended the deadline for the final
results to February 19, 2020.3 On
January 30, 2020, Commerce fully
extended the final results deadline until
March 10, 2020.4
1 See Certain Steel Nails from Taiwan:
Preliminary Results of Antidumping Duty
Administrative Review; 2017–2018, 84 FR 48116
(September 12, 2019) and accompanying
Preliminary Decision Memorandum (Preliminary
Results).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review: Certain
Steel Nails from Taiwan; 2017–2018’’ (Issues and
Decision Memorandum), dated concurrently with,
and hereby adopted by, this notice.
3 See Memorandum, ‘‘Certain Steel Nails from
Taiwan: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
December 16, 2019.
4 See Memorandum, ‘‘Certain Steel Nails from
Taiwan: Second Extension of Deadline for Final
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14635
Scope of the Order 5
The merchandise covered by this
order is certain steel nails. The certain
steel nails subject to the order are
currently classifiable under HTSUS
subheadings 7317.00.55.02,
7317.00.55.03, 7317.00.55.05,
7317.00.55.07, 7317.00.55.08,
7317.00.55.11, 7317.00.55.18,
7317.00.55.19, 7317.00.55.20,
7317.00.55.30, 7317.00.55.40,
7317.00.55.50, 7317.00.55.60,
7317.00.55.70, 7317.00.55.80,
7317.00.55.90, 7317.00.65.30,
7317.00.65.60 and 7317.00.75.00.
Certain steel nails subject to this order
also may be classified under HTSUS
subheadings 7907.00.60.00,
8206.00.00.00 or other HTSUS
subheadings. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive. For a complete
description of the scope of the order, see
the Issues and Decision Memorandum.6
Analysis of Comments Received
In the Issues and Decision
Memorandum, we addressed all issues
raised in parties’ case and rebuttal
briefs. In the Appendix to this notice,
we provide a list of the issues raised by
parties. 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 https://access.trade.gov and in the
Central Records Unit (CRU), room
B8024 of the main Commerce building.
In addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
Final Determination of No Shipments
Commerce received timely noshipment certifications from six
companies.7 Commerce inadvertently
Results of Antidumping Duty Administrative
Review,’’ dated January 30, 2020.
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).
6 See Issues and Decision Memorandum.
7 See certifications of no shipments filed by: (1)
Astrotech Steels Private Limited, dated October 5,
2018; (2) Jinhai Hardware Co., Ltd., dated October
E:\FR\FM\13MRN1.SGM
Continued
13MRN1
14636
Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Notices
For the companies which were not
selected for individual review, we will
Exporter/producer
assign an assessment rate based on the
weighted-average of the dumping
margins calculated for PT, Unicatch,
and LC. As indicated above, for each
Review-Specific Average Rate Applicable
company which we determined had ‘‘no
to the Following Companies: 10
shipments’’ of the subject merchandise
Hor Liang Industrial Corp ...........
12.90 during the POR, we will instruct CBP to
Romp Coil Nail Industries Inc .....
12.90 liquidate all POR entries associated with
these companies at the all-others rate if
Assessment Rates
there is no rate for the intermediate
Pursuant to section 751(a)(2)(A) of the company(ies) involved in the
transaction, consistent with Commerce’s
Act and 19 CFR 351.212(b)(1),
reseller policy.13
Commerce will determine, and U.S.
For entries of subject merchandise
Customs and Border Protections (CBP)
during the POR produced by each
shall assess, antidumping duties on all
respondent for which it did not know its
appropriate entries of subject
merchandise was destined for the
merchandise in accordance with the
United States, we will instruct CBP to
final results of this review. Commerce
intends to issue assessment instructions liquidate such entries at the all-others
rate if there is no rate for the
to CBP 15 days after the date of
intermediate company(ies) involved in
publication of the final results of this
the transaction. The final results of this
administrative review in the Federal
review shall be the basis for the
Register.
assessment of antidumping duties on
For any individually examined
Changes Since the Preliminary Results
entries of merchandise covered by the
respondent
whose
weighted-average
Based on our review of the record and
final results of this review and for future
dumping margin is above de minimis
comments received from interested
deposits of estimated duties, where
(i.e.,
0.50
percent),
Commerce
will
parties, we made certain changes to the
applicable.14
calculate importer-specific assessment
Preliminary Results. Specifically, we
rates on the basis of the ratio of the total Cash Deposit Requirements
made adjustments to the antidumping
amount of dumping calculated for the
margin calculations for the mandatory
The following cash deposit
respondents. As a result, we also revised importer’s examined sales and the total
requirements will be effective upon
entered value of sales. Where we do not
the rate applicable to those companies
publication of the notice of final results
have entered values for all U.S. sales to
for which a review was requested but
of administrative review for all
a particular importer/customer, we will
which were not individually reviewed.
shipments of subject merchandise
calculate
a
per-unit
assessment
rate
by
For a full discussion of these changes,
entered, or withdrawn from warehouse,
aggregating the antidumping duties due
see the Issues and Decision
for consumption on or after the date of
for
all
U.S.
sales
to
that
importer
(or
Memorandum.
publication, as provided by section
customer) and dividing this amount by
751(a)(2) of the Act: (1) The cash deposit
Final Results of the Administrative
the total quantity sold to that importer
rate for the respondents noted above
11
Review
(or customer). To determine whether
will be the rate established in the final
the duty assessment rates are de
We have determined the following
results of this administrative review; (2)
minimis, in accordance with the
weighted-average dumping margins for
for merchandise exported by
the firms listed below for the period July requirement set forth in 19 CFR
manufacturers or exporters not covered
351.106(c)(2), we calculate importer- (or in this administrative review but
1, 2017 through June 30, 2018:
customer-) specific ad valorem ratios
covered in a prior segment of the
Weighted- based on the estimated entered value.
proceeding, the cash deposit rate will
average
Where either a respondent’s weightedcontinue to be the company-specific rate
Exporter/producer
dumping
average dumping margin is zero or de
published for the most recently
margin
minimis, or an importer- (or customer(percent)
completed segment of this proceeding;
) specific ad valorem rate is zero or de
(3) if the exporter is not a firm covered
minimis, we will instruct CBP to
Liang Chyuan Industrial Co.,
in this review, a prior review, or the
Ltd./Integral Building Products
liquidate appropriate entries without
original investigation, but the producer
Inc ...........................................
2.54 regard to antidumping duties.12
is, then the cash deposit rate will be the
omitted from the Preliminary Results a
preliminary determination of no
shipments regarding these companies.
However, Commerce issued a noshipment inquiry to U.S. Customers and
Border Protection (CBP) on November 2,
2018.8 CBP responded that it did not
find any shipments of subject
merchandise from these six companies.9
Further, we received no comments
regarding the no-shipment certifications
of these six companies or the CBP
response to our inquiry. Accordingly,
because the record contains no evidence
to the contrary, we find that these six
companies made no shipments of
subject merchandise during the POR.
Accordingly, consistent with
Commerce’s practice, we will instruct
CBP to liquidate any existing entries of
subject merchandise produced by these
six companies, but exported by other
parties, at the rate for the intermediate
reseller, if available, or at the all-others
rate.
jbell on DSKJLSW7X2PROD with NOTICES
PT Enterprise, Inc./Pro-Team
Coil Nail Enterprise, Inc ..........
Unicatch Industrial Co. Ltd .........
6.72
27.69
10, 2018; (3) Region System SDN BHD, Region
Industries Co., Ltd., and Region International Co.,
Ltd., dated October 10, 2018; and (4) Synn
Industrial Co., Ltd., dated October 4, 2018.
8 See Memorandum to the File, ‘‘No Shipment
Inquiry Response from CBP,’’ dated November 9,
2018 (ACCESS Barcode 3776435–01), citing to
Commerce’s No Shipment Inquiry Message Number
8306301.
9 Id.
VerDate Sep<11>2014
18:16 Mar 12, 2020
Jkt 250001
Weightedaverage
dumping
margin
(percent)
10 This
rate is based on the weighted-average of
the margins calculated for those companies selected
for individual review. See Memorandum,
‘‘Calculation of the Review-Specific WeightedAverage Rate for the Final Results,’’ dated
concurrently with this notice.
11 See 19 CFR 351.212(b)(1).
12 See 19 CFR 352.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012) (Final Modification for
Reviews).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
rate established for the most recently
completed segment of this proceeding
for the producer of the subject
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 2.16
percent, the all-others rate in
13 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
14 See section 751(a)(2)(C) of the Act.
E:\FR\FM\13MRN1.SGM
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Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Notices
the LTFV investigation.15 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also 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.
Notification Regarding Administrative
Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective orders (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
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.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: March 9, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
Appendix
Comment 3: Third Country Credit Expense
Calculation
Comment 4: Packing Services Cost
Calculation
Comment 5: Claimed Scrap Offset
B. Issues Pertaining to Unicatch
Comment 6: Home Market Viability
Comment 7: Calculation of CV Profit Ratio
Comment 8: Calculation of Freight
Revenue Cap
Comment 9: Treatment of Commissions
Comment 10: Comparison of Brads and DA
Nails to Other Nails
Comment 11: Calculation of Interest and
General and Administrative Expenses
Comment 12: Cost of Manufacturing
Adjustment
C. Issues Pertaining to PT
Comment 13: Calculation of CV Profit Ratio
Comment 14: Treatment of Certain Line
Items in Financial Statements as G&A
Expenses
VI. Recommendation
[FR Doc. 2020–05183 Filed 3–12–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–913]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Final Results of Countervailing
Duty Administrative Review; 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to find that
Weihai Zhongwei Rubber Co., Ltd.
(Zhongwei) received countervailable
subsidies from certain programs during
the period of review (POR) from January
1, 2017 through December 31, 2017.
DATES: Applicable March 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang, AD/CVD Operations,
Office VII, Enforcement and
Compliance, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5484.
SUPPLEMENTARY INFORMATION:
AGENCY:
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
A. Issues Pertaining to LC
Comment 1: Whether to Apply Adverse
Facts Available (AFA)
Comment 2: Treatment of Resales of
Subject Merchandise Produced by
Unaffiliated Suppliers
Background
Commerce published the preliminary
results of the administrative review of
the countervailing duty order on certain
new pneumatic off-the-road tires (OTR
Tires) from China on November 18,
2019.1 In the Preliminary Results,
15 The all-others rate from the underlying
investigation was revised in 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, 55091
(November 20, 2017).
1 See Certain New Pneumatic Off-The-Road Tires
from the People’s Republic of China: Preliminary
Results and Partial Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 63612
(November 18, 2019) (Preliminary Results) and
accompanying Preliminary Decision Memorandum
(PDM).
VerDate Sep<11>2014
18:16 Mar 12, 2020
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14637
Commerce partially rescinded the
administrative review with respect to
three companies and preliminarily
found that Zhongwei received
countervailable subsidies from certain
programs during the POR.2 No
interested party commented on the
Preliminary Results.
Scope of the Order
The products covered by the scope are
new pneumatic tires designed for offthe-road (OTR) and off-highway use.
The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 4011.20.10.25,
4011.20.10.35, 4011.20.50.30,
4011.20.50.50, 4011.70.0010,
4011.62.00.00, 4011.80.1020,
4011.90.10, 4011.70.0050, 4011.80.1010,
4011.80.1020, 4011.80.2010,
4011.80.2020, 4011.80.8010, and
4011.80.8020. While HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.3
Methodology
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). As noted above, no interested
party disputed Commerce’s preliminary
or post-preliminary findings. Commerce
finds that there is no reason to modify
its analysis for these final results.
Accordingly, no decision memorandum
accompanies this Federal Register
notice. For further details of the issues
already addressed in this review, see the
Preliminary Results and accompanying
PDM.
Final Results of Administrative Review
We determine that, for the period
January 1, 2017 through December 31,
2017, the following estimated
countervailable subsidy rate exists:
Company
Weihai Zhongwei Rubber Co.,
Ltd ...........................................
Subsidy
rate
(percent)
24.49
Assessment Rates and Cash Deposit
Requirement
In accordance with 19 CFR
351.212(b)(2), Commerce intends to
issue appropriate instructions to U.S.
Customs and Border Protection (CBP) 15
days after publication of the final results
of this review. Commerce will instruct
2 See
PDM at 5 and 17–23.
a full description of the scope of the order,
see PDM at 3–5.
3 For
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]]>Agencies
[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Notices]
[Pages 14635-14637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05183]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-854]
Certain Steel Nails From Taiwan: Final Results of Antidumping
Duty Administrative Review and Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Liang
Chyuan Industrial Co., Ltd. and its affiliate Integral Building
Products Inc. (collectively, LC), PT Enterprise, Inc. and its
affiliated producer Pro-Team Coil Nail Enterprise, Inc. (collectively,
PT), and Unicatch Industrial Co. Ltd. (Unicatch), made U.S. sales of
subject merchandise below normal value during the period of review
(POR) July 1, 2017 through June 30, 2018.
DATES: Applicable March 13, 2020.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, Suzanne Lam, or Joseph
Dowling, AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6905, (202) 482-0783, or (202) 482-1646, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 12, 2019, Commerce published the Preliminary Results
of this administrative review.\1\ For a discussion of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\2\ On December 16, 2019, we partially extended the deadline
for the final results to February 19, 2020.\3\ On January 30, 2020,
Commerce fully extended the final results deadline until March 10,
2020.\4\
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from Taiwan: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018, 84 FR 48116
(September 12, 2019) and accompanying Preliminary Decision
Memorandum (Preliminary Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review: Certain
Steel Nails from Taiwan; 2017-2018'' (Issues and Decision
Memorandum), dated concurrently with, and hereby adopted by, this
notice.
\3\ See Memorandum, ``Certain Steel Nails from Taiwan: Extension
of Deadline for Final Results of Antidumping Duty Administrative
Review,'' dated December 16, 2019.
\4\ See Memorandum, ``Certain Steel Nails from Taiwan: Second
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' dated January 30, 2020.
---------------------------------------------------------------------------
Scope of the Order \5\
The merchandise covered by this order is certain steel nails. The
certain steel nails subject to the order are currently classifiable
under HTSUS subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05,
7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18,
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40,
7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80,
7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain
steel nails subject to this order also may be classified under HTSUS
subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings.
While the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this order is
dispositive. For a complete description of the scope of the order, see
the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
In the Issues and Decision Memorandum, we addressed all issues
raised in parties' case and rebuttal briefs. In the Appendix to this
notice, we provide a list of the issues raised by parties. 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 https://access.trade.gov and
in the Central Records Unit (CRU), room B8024 of the main Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
Final Determination of No Shipments
Commerce received timely no-shipment certifications from six
companies.\7\ Commerce inadvertently
[[Page 14636]]
omitted from the Preliminary Results a preliminary determination of no
shipments regarding these companies. However, Commerce issued a no-
shipment inquiry to U.S. Customers and Border Protection (CBP) on
November 2, 2018.\8\ CBP responded that it did not find any shipments
of subject merchandise from these six companies.\9\ Further, we
received no comments regarding the no-shipment certifications of these
six companies or the CBP response to our inquiry. Accordingly, because
the record contains no evidence to the contrary, we find that these six
companies made no shipments of subject merchandise during the POR.
Accordingly, consistent with Commerce's practice, we will instruct CBP
to liquidate any existing entries of subject merchandise produced by
these six companies, but exported by other parties, at the rate for the
intermediate reseller, if available, or at the all-others rate.
---------------------------------------------------------------------------
\7\ See certifications of no shipments filed by: (1) Astrotech
Steels Private Limited, dated October 5, 2018; (2) Jinhai Hardware
Co., Ltd., dated October 10, 2018; (3) Region System SDN BHD, Region
Industries Co., Ltd., and Region International Co., Ltd., dated
October 10, 2018; and (4) Synn Industrial Co., Ltd., dated October
4, 2018.
\8\ See Memorandum to the File, ``No Shipment Inquiry Response
from CBP,'' dated November 9, 2018 (ACCESS Barcode 3776435-01),
citing to Commerce's No Shipment Inquiry Message Number 8306301.
\9\ Id.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made certain changes to the Preliminary Results.
Specifically, we made adjustments to the antidumping margin
calculations for the mandatory respondents. As a result, we also
revised the rate applicable to those companies for which a review was
requested but which were not individually reviewed. For a full
discussion of these changes, see the Issues and Decision Memorandum.
Final Results of the Administrative Review
We have determined the following weighted-average dumping margins
for the firms listed below for the period July 1, 2017 through June 30,
2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Liang Chyuan Industrial Co., Ltd./Integral Building Products 2.54
Inc........................................................
PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc...... 6.72
Unicatch Industrial Co. Ltd................................. 27.69
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Review-Specific Average Rate Applicable to the Following Companies: \10\
------------------------------------------------------------------------
Hor Liang Industrial Corp................................... 12.90
Romp Coil Nail Industries Inc............................... 12.90
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protections (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Commerce intends to issue assessment instructions to CBP
15 days after the date of publication of the final results of this
administrative review in the Federal Register.
For any individually examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), Commerce will
calculate importer-specific assessment rates on the basis of the ratio
of the total amount of dumping calculated for the importer's examined
sales and the total entered value of sales. Where we do not have
entered values for all U.S. sales to a particular importer/customer, we
will calculate a per-unit assessment rate by aggregating the
antidumping duties due for all U.S. sales to that importer (or
customer) and dividing this amount by the total quantity sold to that
importer (or customer).\11\ To determine whether the duty assessment
rates are de minimis, in accordance with the requirement set forth in
19 CFR 351.106(c)(2), we calculate importer- (or customer-) specific ad
valorem ratios based on the estimated entered value. Where either a
respondent's weighted-average dumping margin is zero or de minimis, or
an importer- (or customer-) specific ad valorem rate is zero or de
minimis, we will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\12\
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\10\ This rate is based on the weighted-average of the margins
calculated for those companies selected for individual review. See
Memorandum, ``Calculation of the Review-Specific Weighted-Average
Rate for the Final Results,'' dated concurrently with this notice.
\11\ See 19 CFR 351.212(b)(1).
\12\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012) (Final Modification for Reviews).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the weighted-average of the
dumping margins calculated for PT, Unicatch, and LC. As indicated
above, for each company which we determined had ``no shipments'' of the
subject merchandise during the POR, we will instruct CBP to liquidate
all POR entries associated with these companies at the all-others rate
if there is no rate for the intermediate company(ies) involved in the
transaction, consistent with Commerce's reseller policy.\13\
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\13\ 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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For entries of subject merchandise during the POR produced by each
respondent for which it did not know its 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. 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.\14\
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\14\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for
the respondents noted above will be the rate established in the final
results of this administrative review; (2) for merchandise exported by
manufacturers 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; (3) if the exporter is
not a firm covered in this review, a prior review, or the original
investigation, but the producer is, then the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 2.16 percent, the all-others rate in
[[Page 14637]]
the LTFV investigation.\15\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\15\ The all-others rate from the underlying investigation was
revised in 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, 55091 (November 20, 2017).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also 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.
Notification Regarding Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective orders (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 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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: March 9, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
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
A. Issues Pertaining to LC
Comment 1: Whether to Apply Adverse Facts Available (AFA)
Comment 2: Treatment of Resales of Subject Merchandise Produced
by Unaffiliated Suppliers
Comment 3: Third Country Credit Expense Calculation
Comment 4: Packing Services Cost Calculation
Comment 5: Claimed Scrap Offset
B. Issues Pertaining to Unicatch
Comment 6: Home Market Viability
Comment 7: Calculation of CV Profit Ratio
Comment 8: Calculation of Freight Revenue Cap
Comment 9: Treatment of Commissions
Comment 10: Comparison of Brads and DA Nails to Other Nails
Comment 11: Calculation of Interest and General and
Administrative Expenses
Comment 12: Cost of Manufacturing Adjustment
C. Issues Pertaining to PT
Comment 13: Calculation of CV Profit Ratio
Comment 14: Treatment of Certain Line Items in Financial
Statements as G&A Expenses
VI. Recommendation
[FR Doc. 2020-05183 Filed 3-12-20; 8:45 am]
BILLING CODE 3510-DS-P
