Certain Steel Nails From Malaysia: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019, 74674-74676 [2020-25815]
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74674
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
in the final results of this review, we
will calculate importer-specific ad
Producer/exporter
valorem assessment rates on the basis of
the ratio of the total amount of dumping
calculated for an importer’s examined
Nan Ya Plastics Corporation ......
0.00 sales and the total entered value of such
sales in accordance with 19 CFR
351.212(b)(1). Where either the
Disclosure and Public Comment
respondent’s weighted-average dumping
We intend to disclose the calculations
margin is zero or de minimis within the
performed to parties in this proceeding
meaning of 19 CFR 351.106(c), or an
within five days after public
importer-specific rate is zero or de
announcement of the preliminary
minimis, we will instruct CBP to
results in accordance with 19 CFR
liquidate the appropriate entries
351.224(b). Pursuant to 19 CFR
without regard to antidumping duties.
351.309(c), interested parties may
For entries of subject merchandise
submit case briefs not later than 30 days
during the POR produced by a
after the date of publication of this
respondent for which it did not know its
notice. Rebuttal briefs, limited to issues
merchandise was destined for the
raised in the case briefs, may be filed
United States, we will instruct CBP to
not later than seven days after the date
liquidate unreviewed entries at the allfor filing case briefs.13 Parties who
others rate if there is no rate for the
submit case briefs or rebuttal briefs in
intermediate company(ies) involved in
this proceeding are encouraged to
the transaction.
submit with each argument: (1) A
We intend to issue instructions to
statement of the issue; (2) a brief
CBP 15 days after publication of the
summary of the argument; and (3) a
final results of this review.
table of authorities.14
Pursuant to 19 CFR 351.310(c),
Cash Deposit Requirements
interested parties who wish to request a
The following deposit requirements
hearing, must submit a written request
will be effective for all shipments of
to the Assistant Secretary for
PET film from Taiwan entered, or
Enforcement and Compliance, filed
withdrawn from warehouse, for
electronically via ACCESS. An
consumption on or after the date of
electronically filed document must be
publication of the final results of this
received successfully in its entirety by
administrative review, as provided for
ACCESS by 5 p.m. Eastern Time within
by section 751(a)(2)(C) of the Act: (1)
30 days after the date of publication of
The cash deposit rate for the company
this notice. Requests should contain: (1) under review will be the rate
The party’s name, address, and
established in the final results of this
telephone number; (2) the number of
review (except, if the rate is zero or de
participants; and (3) a list of issues to be minimis, no cash deposit will be
discussed. Issues raised in the hearing
required); (2) for previously reviewed or
will be limited to those raised in the
investigated companies not listed above,
respective case and rebuttal briefs.
the cash deposit rate will continue to be
Commerce intends to issue the final
the company-specific rate published for
results of this administrative review,
the most recent period; (3) if the
including the results of its analysis of
exporter is not a firm covered in this
the issues raised in any written briefs,
review, a prior review, or the less-thannot later than 120 days after the date of
fair-value investigation, but the
publication of this notice, unless
manufacturer is, the cash deposit rate
extended, pursuant to section
will be the rate established for the most
751(a)(3)(A) of the Act.
recent period for the manufacturer of
the merchandise; and (4) the cash
Assessment Rates
deposit rate for all other manufacturers
Upon completion of this
or exporters is 2.40 percent.15 These
administrative review, Commerce shall
cash deposit requirements, when
determine and CBP shall assess
imposed, shall remain in effect until
antidumping duties on all appropriate
further notice.
entries in accordance with 19 CFR
351.212 (b). If a respondent’s weightedNotification to Importers
average dumping margin is not zero or
This notice also serves as a
de minimis (i.e., less than 0.5 percent)
preliminary reminder to importers of
their responsibility under 19 CFR
13 See 19 CFR 351.309(d); see also Temporary
351.402(f)(2) to file a certificate
Rule Modifying AD/CVD Service Requirements Due
regarding the reimbursement of
to COVID–19; Extension of Effective Period, 85 FR
Weightedaverage
dumping
margin
(percent)
41363 (July 10, 2020).
14 See 19 CFR 351.303 (for general filing
requirements).
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15 See PET Film from Taiwan Amended Final
Determination.
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Sfmt 4703
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(1).
Dated: November 17, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments for SMTC
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020–25859 Filed 11–20–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–816]
Certain Steel Nails From Malaysia:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain steel nails from Malaysia
were sold in the United States at less
than normal value during the period of
review (POR), July 1, 2018 through June
30, 2019. Additionally, we preliminarily
find that certain companies made no
shipments during the review period.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable November 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Preston Cox or John Drury, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
AGENCY:
E:\FR\FM\23NON1.SGM
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Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
NW, Washington, DC 20230; telephone:
(202) 482–5041 or (202) 482–0195,
respectively.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results of review
are made in accordance with section
751 of the Tariff Act of 1930, as
amended (the Act). On September 9,
2019, Commerce published the notice of
initiation for the administrative review.1
On November 13, 2019, Commerce
selected Inmax Sdn. Bhd. and Inmax
Industries Sdn. Bhd. (collectively,
Inmax) and Region International Co.
Ltd. and Region System Sdn. Bhd.
(collectively, Region) as mandatory
respondents in this administrative
review.2 On March 25, 2020, we
extended the time limit for completion
of the preliminary results of the 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 further
tolled all deadlines in administrative
reviews by an additional 60 days.5 The
deadline for the preliminary results of
this review is now November 17, 2020.
For a complete description of the events
that followed the initiation of the
review, see the Preliminary Decision
Memorandum.6
A 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
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
47242 (September 9, 2019) (Initiation Notice).
2 See Memorandum, ‘‘Administrative Review of
Antidumping Duty Order on Certain Steel Nails
from Malaysia: Respondent Selection
Memorandum,’’ dated November 13, 2019.
Commerce has preliminarily determined to collapse
the Inmax companies and treat them as a single
entity for purposes of this review. Likewise, it has
preliminarily determined to collapse the Region
companies and treat them as a single entity. For a
discussion of the collapsing criteria, see the
company-specific analysis memorandum, dated
concurrently with this notice.
3 See Memorandum, ‘‘Certain Steel Nails from
Malaysia: Extension of Deadline for Preliminary
Results for Antidumping Duty Administrative
Review; 2018–2019,’’ dated March 25, 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
Preliminary Results of Antidumping Duty
Administrative Review: Certain Steel Nails from
Malaysia; 2018–2019,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Jkt 253001
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Scope of the Order
The products covered by the scope of
the order are certain steel nails from
Malaysia. For a complete description of
the scope, see the Preliminary Decision
Memorandum.
Preliminary Determination of No
Shipments
On October 1, 4, and 9, 2019,
respectively, Astrotech Steels Private
Limited (Astrotech), Trinity Steel
Private Limited (Trinity), and Jinhai
Hardware Co. Ltd. (Jinhai), submitted
letters certifying that each company had
no exports or sales of subject
merchandise into the United States
during the POR.7 U.S. Customs and
Border Protection (CBP) did not have
any information to contradict these
claims and, therefore, we preliminarily
determine that Astrotech, Trinity, and
Jinhai did not have any exports or sales
of subject merchandise into the United
States during the POR.8 Consistent with
Commerce’s practice, we will not
rescind the review with respect to
Astrotech, Trinity, and Jinhai, but
rather, will complete the review and
issue instructions to CBP based on the
final results.9
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
7 See Astrotech’s Letter, ‘‘Certain Steel Nails from
Malaysia Request for No Shipment during the
Period of Review (POR),’’ dated October 1, 2019;
Trinity’s Letter, ‘‘Certain Steel Nails—Malaysia
Notice of No sales during the Period of Review
(POR),’’ dated October 4, 2019; and Jinhai’s Letter,
‘‘Certain Steel Nails from Malaysia: Submission of
Statement of No Shipments,’’ dated October 9,
2019.
8 See Memorandum, ‘‘No shipment inquiry with
respect to the companies below during the period
07/01/2018 through 06/30/2019,’’ dated February
25, 2020.
9 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
(August 28, 2014).
PO 00000
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Fmt 4703
Sfmt 4703
74675
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
average of the estimated weighted
average dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, we have preliminarily
calculated a weighted-average dumping
margin for the companies not selected
for individual examination using the
calculated rates of the mandatory
respondents, Inmax and Region,
excluding any margins that are zero, de
minimis, or determined entirely on the
basis of facts available in accordance
with section 735(c)(5)(A) of the Act. We
preliminarily calculated a weightedaverage dumping margin of 1.59 percent
for Inmax and 0.00 percent for Region
for the POR. Accordingly, we
preliminarily assign the dumping
margin of 1.59 percent, the weightedaverage dumping margin calculated for
Inmax, to the non-selected companies.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. For a full description of the
methodology underlying the
preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
We are assigning the following
dumping margins to the firms listed
below for the period July 1, 2018
through June 30, 2019:
Producer/exporters
Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd ...................
Region International Co. Ltd.
and Region System Sdn. Bhd
Chia Pao Metal Co., Ltd .............
Come Best (Thailand) Co., Ltd ..
Kerry-Apex (Thailand) Co., Ltd ..
Tag Fasteners Sdn. Bhd ............
Vien Group SDN. BHD ...............
E:\FR\FM\23NON1.SGM
23NON1
Weightedaverage
dumping
margins
(percent)
1.59
0.00
1.59
1.59
1.59
1.59
1.59
74676
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
Producer/exporters
Weightedaverage
dumping
margins
(percent)
publication of these preliminary results
in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the
WWL India Private Ltd ...............
1.59
administrative review, Commerce shall
determine, and CBP shall assess,
Disclosure and Public Comment
antidumping duties on all appropriate
Commerce will disclose to parties to
entries covered by this review.16 The
the proceeding any calculations
final results of this review shall be the
performed in connection with these
basis for the assessment of antidumping
preliminary results of review within five duties on entries of merchandise
days after the date of publication of this covered by the final results of this
notice.10 Interested parties are invited to review and for future deposits of
comment on these preliminary results.
estimated duties, where applicable.17
Interested parties may submit case briefs We intend to issue instructions to CBP
no later than 30 days after the date of
15 days after the publication date of the
publication of this notice.11 Rebuttal
final results of this review.
briefs, limited to issues raised in the
Cash Deposit Requirements
case briefs, may be filed no later than
seven days after the deadline for filing
The following cash deposit
case briefs.12 Parties who submit case or requirements will be effective upon
rebuttal briefs in this proceeding are
publication of the final results of this
encouraged to submit with each
administrative review for all shipments
argument: (1) A statement of the issue;
of the subject merchandise entered, or
(2) a brief summary of the argument;
withdrawn from warehouse, for
and (3) a table of authorities.13 Case and consumption on or after the publication
date of the final results of this
rebuttal briefs should be filed using
administrative review, as provided by
ACCESS.14 Note that Commerce has
section 751(a)(2)(C) of the Act: (1) The
temporarily modified certain of its
cash deposit rate for Inmax, Region, and
requirements for serving documents
the non-selected respondents listed
containing business proprietary
above will be equal to the weightedinformation, until further notice.15
Pursuant to 19 CFR 351.310(c), any
average dumping margin established in
interested party may request a hearing
the final results of this administrative
within 30 days of the publication of this review; (2) for merchandise exported by
manufacturers or exporters not covered
notice in the Federal Register. If a
request for a hearing is made, Commerce in this review but covered in a prior
intends to hold the hearing at a time and segment of the proceeding, the cash
date to be determined. Interested parties deposit rate will continue to be the
company-specific rate published for the
who wish to request a hearing, or to
most recently completed segment of this
participate if one is requested, must
submit a written request to the Assistant proceeding in which the manufacturer
or exporter participated; (3) if the
Secretary for Enforcement and
exporter is not a firm covered in this
Compliance, filed electronically via
review, a prior review, or in the lessACCESS, within 30 days after the date
than-fair-value investigation but the
of publication of this notice. Requests
producer is, then the cash deposit rate
should contain: (1) The party’s name,
will be the rate established for the most
address and telephone number; (2) the
recently completed segment of the
number of participants; and (3) a list of
proceeding for the producer of the
the issues parties intend to discuss.
merchandise; and (4) the cash deposit
Issues raised in the hearing will be
rate for all other producers or exporters
limited to those raised in the respective
will continue to be 2.66 percent, the allcase and rebuttal briefs. Unless
others rate established in the less-thanextended, Commerce intends to issue
fair-value investigation.18 These cash
the final results of this administrative
review, which will include the results of deposit requirements, when imposed,
shall remain in effect until further
our analysis of all issues raised in the
notice.
case briefs, within 120 days of
Notification to Importers
10 See 19 CFR 351.224(b).
This notice also serves as a
11 See 19 CFR 351.309(c)(1)(ii).
preliminary reminder to importers of
12 See 19 CFR 351.309(d)(1); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 See 19 CFR 351.303.
15 See Temporary Rule.
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17:07 Nov 20, 2020
Jkt 253001
16 See
19 CFR 351.212(b).
section 751(a)(2)(C) of the Act.
18 See Certain Steel Nails from Malaysia:
Amended Final Determination of Sales at Less
Than Fair Value, 80 FR 34370 (June 16, 2015).
17 See
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Sfmt 4703
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
Dated: November 16, 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. Preliminary Determination of No
Shipments
V. Companies Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2020–25815 Filed 11–20–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Ghigi 1870 S.p.A. (Ghigi) and Pasta
Zara S.p.A. (Pasta Zara) (collectively,
Ghigi/Zara) and La Molisana SpA (La
Molisana) sold certain pasta (pasta) from
Italy at less than normal value (NV)
during the period of review (POR) July
1, 2018 through June 30, 2019. We
further preliminarily determine that
Pasta Berruto had no shipments of
subject merchandise during the POR.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable November 23, 2020.
AGENCY:
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]]>Agencies
[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74674-74676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25815]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-816]
Certain Steel Nails From Malaysia: 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 certain steel nails from Malaysia were sold in the United States
at less than normal value during the period of review (POR), July 1,
2018 through June 30, 2019. Additionally, we preliminarily find that
certain companies made no shipments during the review period.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable November 23, 2020.
FOR FURTHER INFORMATION CONTACT: Preston Cox or John Drury, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
[[Page 74675]]
NW, Washington, DC 20230; telephone: (202) 482-5041 or (202) 482-0195,
respectively.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results of review are made in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act). On
September 9, 2019, Commerce published the notice of initiation for the
administrative review.\1\ On November 13, 2019, Commerce selected Inmax
Sdn. Bhd. and Inmax Industries Sdn. Bhd. (collectively, Inmax) and
Region International Co. Ltd. and Region System Sdn. Bhd.
(collectively, Region) as mandatory respondents in this administrative
review.\2\ On March 25, 2020, we extended the time limit for completion
of the preliminary results of the 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
further tolled all deadlines in administrative reviews by an additional
60 days.\5\ The deadline for the preliminary results of this review is
now November 17, 2020. For a complete description of the events that
followed the initiation of the review, see the Preliminary Decision
Memorandum.\6\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47242 (September 9, 2019) (Initiation
Notice).
\2\ See Memorandum, ``Administrative Review of Antidumping Duty
Order on Certain Steel Nails from Malaysia: Respondent Selection
Memorandum,'' dated November 13, 2019. Commerce has preliminarily
determined to collapse the Inmax companies and treat them as a
single entity for purposes of this review. Likewise, it has
preliminarily determined to collapse the Region companies and treat
them as a single entity. For a discussion of the collapsing
criteria, see the company-specific analysis memorandum, dated
concurrently with this notice.
\3\ See Memorandum, ``Certain Steel Nails from Malaysia:
Extension of Deadline for Preliminary Results for Antidumping Duty
Administrative Review; 2018-2019,'' dated March 25, 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 Preliminary
Results of Antidumping Duty Administrative Review: Certain Steel
Nails from Malaysia; 2018-2019,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
A 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, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
Scope of the Order
The products covered by the scope of the order are certain steel
nails from Malaysia. For a complete description of the scope, see the
Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
On October 1, 4, and 9, 2019, respectively, Astrotech Steels
Private Limited (Astrotech), Trinity Steel Private Limited (Trinity),
and Jinhai Hardware Co. Ltd. (Jinhai), submitted letters certifying
that each company had no exports or sales of subject merchandise into
the United States during the POR.\7\ U.S. Customs and Border Protection
(CBP) did not have any information to contradict these claims and,
therefore, we preliminarily determine that Astrotech, Trinity, and
Jinhai did not have any exports or sales of subject merchandise into
the United States during the POR.\8\ Consistent with Commerce's
practice, we will not rescind the review with respect to Astrotech,
Trinity, and Jinhai, but rather, will complete the review and issue
instructions to CBP based on the final results.\9\
---------------------------------------------------------------------------
\7\ See Astrotech's Letter, ``Certain Steel Nails from Malaysia
Request for No Shipment during the Period of Review (POR),'' dated
October 1, 2019; Trinity's Letter, ``Certain Steel Nails--Malaysia
Notice of No sales during the Period of Review (POR),'' dated
October 4, 2019; and Jinhai's Letter, ``Certain Steel Nails from
Malaysia: Submission of Statement of No Shipments,'' dated October
9, 2019.
\8\ See Memorandum, ``No shipment inquiry with respect to the
companies below during the period 07/01/2018 through 06/30/2019,''
dated February 25, 2020.
\9\ 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
(August 28, 2014).
---------------------------------------------------------------------------
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we have preliminarily calculated a weighted-average
dumping margin for the companies not selected for individual
examination using the calculated rates of the mandatory respondents,
Inmax and Region, excluding any margins that are zero, de minimis, or
determined entirely on the basis of facts available in accordance with
section 735(c)(5)(A) of the Act. We preliminarily calculated a
weighted-average dumping margin of 1.59 percent for Inmax and 0.00
percent for Region for the POR. Accordingly, we preliminarily assign
the dumping margin of 1.59 percent, the weighted-average dumping margin
calculated for Inmax, to the non-selected companies.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying the preliminary results, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We are assigning the following dumping margins to the firms listed
below for the period July 1, 2018 through June 30, 2019:
------------------------------------------------------------------------
Weighted-
average
Producer/exporters dumping
margins
(percent)
------------------------------------------------------------------------
Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd............... 1.59
Region International Co. Ltd. and Region System Sdn. Bhd.... 0.00
Chia Pao Metal Co., Ltd..................................... 1.59
Come Best (Thailand) Co., Ltd............................... 1.59
Kerry-Apex (Thailand) Co., Ltd.............................. 1.59
Tag Fasteners Sdn. Bhd...................................... 1.59
Vien Group SDN. BHD......................................... 1.59
[[Page 74676]]
WWL India Private Ltd....................................... 1.59
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce will disclose to parties to the proceeding any
calculations performed in connection with these preliminary results of
review within five days after the date of publication of this
notice.\10\ Interested parties are invited to comment on these
preliminary results. Interested parties may submit case briefs no later
than 30 days after the date of publication of this notice.\11\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than seven days after the deadline for filing case briefs.\12\
Parties who submit case or rebuttal briefs in this proceeding are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\13\ Case and rebuttal briefs should be filed using
ACCESS.\14\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\15\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See 19 CFR 351.303.
\15\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a request for a hearing is made, Commerce intends to hold
the hearing at a time and date to be determined. Interested parties who
wish to request a hearing, or to participate if one is requested, must
submit a written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS, within 30 days after the
date of publication of this notice. Requests should contain: (1) The
party's name, address and telephone number; (2) the number of
participants; and (3) a list of the issues parties intend to discuss.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs. Unless extended, Commerce intends
to issue the final results of this administrative review, which will
include the results of our analysis of all issues raised in the case
briefs, within 120 days of publication of these preliminary results in
the Federal Register, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\16\ 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.\17\ We intend to
issue instructions to CBP 15 days after the publication date of the
final results of this review.
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\16\ See 19 CFR 351.212(b).
\17\ 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 final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Inmax, Region,
and the non-selected respondents listed above will be equal to the
weighted-average dumping margin established in the final results of
this administrative review; (2) for merchandise exported by
manufacturers or exporters not covered in this review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently completed
segment of this proceeding in which the manufacturer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or in the less-than-fair-value investigation but the
producer is, then 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 2.66 percent, the all-
others rate established in the less-than-fair-value investigation.\18\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\18\ See Certain Steel Nails from Malaysia: Amended Final
Determination of Sales at Less Than Fair Value, 80 FR 34370 (June
16, 2015).
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Notification to Importers
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 double antidumping duties.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).
Dated: November 16, 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. Preliminary Determination of No Shipments
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2020-25815 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P
