Certain Corrosion-Resistant Steel Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019, 74669-74671 [2020-25852]
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Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
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David Mussatt,
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[FR Doc. 2020–25758 Filed 11–20–20; 8:45 am]
BILLING CODE 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 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 producers/exporters subject to this
review made sales of subject
merchandise at less than normal value
during the period of review (POR) July
1, 2018 through June 30, 2019. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable November 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Charles Doss or Kate Sliney, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4474 and (202) 482–2437,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty (AD) order on certain
PO 00000
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Fmt 4703
Sfmt 4703
74669
corrosion-resistant steel products
(CORE) from Taiwan,1 covering the
following two respondents: (1)
Prosperity Tieh Enterprise Co., Ltd.
(Prosperity); and (2) the previously
collapsed Yieh Phui Enterprise Co., Ltd.
(YP) and Synn Co., Ltd. (Synn) entity
(collectively, YP/Synn).2 On March 16,
2020, we extended the preliminary
results of this review to no later than
July 30, 2020.3 On April 24, 2020,
Commerce tolled all deadlines in
administrative reviews by 50 days.4 On
July 21, 2020 Commerce tolled all
deadlines in administrative reviews by
60 days, thereby extending the deadline
for these preliminary results until
November 17, 2020.5 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.6 A
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
47242 (September 9, 2019).
2 In the less-than-fair-value (LTFV) investigation
of the AD order, we collapsed Prosperity, YP, and
Synn and treated them as a single entity. See
Certain Corrosion-Resistant Steel Products from
Taiwan: Final Determination of Sales at Less Than
Fair Value and Final Affirmative Determination of
Critical Circumstances, in Part, 81 FR 35313 (June
2, 2016) and accompanying Issues and Decision
Memorandum (IDM) at Comment 3 (Taiwan CORE
LTFV Final); unchanged in Certain CorrosionResistant Steel Products from India, Italy, the
People’s Republic of China, the Republic of Korea
and Taiwan: Amended Final Affirmative
Antidumping Determination for India and Taiwan,
and Antidumping Duty Orders, 82 FR 48390 (July
25, 2016) (Order). The determination to collapse
Prosperity with Synn was challenged by respondent
parties in the investigation and was subject to
pending litigation in Taiwan CORE LTFV Final. In
the first antidumping duty administrative review,
we determined to no longer collapse Prosperity
with YP and Synn but we continued to collapse YP
and Synn and treat them as a single entity. See
Certain Corrosion-Resistant Steel Products From
Taiwan: Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review; 20162017, 83 FR 39679 (August 10, 2018); unchanged
in Certain Corrosion-Resistant Steel Products From
Taiwan: Final Results of Antidumping Duty
Administrative Review; 2016–2017, 83 FR 64527
(December 17, 2018); amended by Certain
Corrosion-Resistant Steel Products From Taiwan:
Amended Final Results of Antidumping Duty
Administrative Review; 2016–2017, 84 FR 5991
(February 25, 2019).
3 See Memorandum, ‘‘Certain Corrosion-Resistant
Steel Products from Taiwan: Extension of Time
Limit for Preliminary Results of the 2018–2019
Antidumping Duty Administrative Review,’’ dated
March 16, 2020.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2018–2019
Antidumping Duty Administrative Review: Certain
Corrosion-Resistant Steel Products from Taiwan,’’
E:\FR\FM\23NON1.SGM
Continued
23NON1
74670
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
list of topics included in the
Preliminary Decision Memorandum is
included as an appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition,
the complete Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed and the
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
Scope of the Order 7
The products covered by the order are
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.
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
7 For the full text of the scope of the order, see
the Preliminary Decision Memorandum.
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17:07 Nov 20, 2020
Jkt 253001
Affiliation and Collapsing
As noted above, YP and Synn were
collapsed and treated as a single entity
for the purposes of the LTFV
investigation and each of the prior
administrative reviews of this
antidumping order. As a result, we
selected the YP/Synn entity as a single
combined respondent and treated it as
such in the pre-preliminary phase of
this review. However, we preliminarily
determine that the instant record no
longer supports a finding that YP should
be collapsed with Synn, and therefore
should no longer be collapsed as the
YP/Synn entity.8
Preliminary Determination of No
Shipments
On September 20, 2019, Synn
submitted a letter certifying that it had
no exports or sales of subject
merchandise into the United States
during the POR.9 U.S. Customs and
Border Protection (CBP) did not have
any information to contradict these
claims of no shipments during the
POR.10 Therefore, pursuant to our
preliminarily determination to treat YP
and Synn as distinct respondents for the
purposes of this administrative review,
as discussed immediately above, we
preliminarily determine that Synn did
not have any reviewable transactions
during the POR. Consistent with
Commerce’s practice, we will not
rescind the review with respect to Synn,
but rather will complete the review and
issue instructions to CBP based on the
final results.11
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1) and
(2) of Tariff Act of 1930, as amended
8 For a further discussion of the preliminary
affiliation and collapsing determination, 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 notice
(Affiliation-Collapsing Memo).
9 See Synn’s Letter, ‘‘Corrosion-Resistant Steel
Products from Taiwan; No Shipment Certification,’’
dated September 20, 2019 (Synn’s No Shipment
Certification).
10 See Memorandum, ‘‘2018–2019 Administrative
Review of on Certain Corrosion-Resistant Steel
Products from Taiwan: U.S. Customs and Border
Protection Data,’’ dated November 10, 2020.
11 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306,
51307 (August 28, 2014).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
(the Act). Export price and constructed
export price were calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Results of the Review
Commerce preliminarily determines
the following weighted-average
dumping margins exist for the period
July 1, 2018 through June 30, 2019:
Exporter/producer
Hoa Sen Group ....................
Nippon Steel .........................
Prosperity Tieh Enterprise
Co., Ltd .............................
Sheng Yu Steel Co., Ltd ......
Sumikin Sales Vietnam Co.,
Ltd .....................................
Ton Dong A Corporation ......
Yieh Phui Enterprise Co., Ltd
Estimated
weightedaverage
dumping
margin
(percent)
1.51
1.51
0.00
1.51
1.51
1.51
1.51
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent), we will calculate
importer-specific ad valorem AD
assessment rates based on the ratio of
the total amount of dumping calculated
for the importer’s examined sales to the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1).12 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis (i.e., 0.5 percent). Where either
the respondent’s weighted-average
dumping margin is zero or de minimis,
or an importer-specific assessment rate
is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall be
the basis for the assessment of
12 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
E:\FR\FM\23NON1.SGM
23NON1
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
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., Hoa
Sen Group, Nippon Steel, Sheng Yu
Steel Co., Ltd., Sumikin Sales Vietnam
Co., Ltd., and Ton Dong A Corporation),
we will assign an assessment rate based
on the weighted-average of the cash
deposit rates calculated for the
companies selected for mandatory
review (i.e., Prosperity and YP),
excluding any which are de minimis or
determined entirely on adverse facts
available. The final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.13
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 3.66 percent established in
the LTFV investigation 14 if there is no
rate for the intermediate company(ies)
involved in the transaction.15 We intend
to issue instructions to CBP 15 days
after publication of the final results of
this review.
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
13 See
section 751(a)(2)(C) of the Act.
14 See Corrosion-Resistant Steel Products from
Taiwan: Notice of Court Decision Not in Harmony
with Final Determination of Antidumping Duty
Investigation and Notice of Amended Final
Determination of Investigation, 84 FR 6129
(February 26, 2019) (Amended Final
Determination).
15 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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17:07 Nov 20, 2020
Jkt 253001
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-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 3.66 percent, the all-others rate
established in Amended Final
Determination.16 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Commerce will disclose to parties to
this proceeding the calculations
performed in reaching the preliminary
results within five days of the date of
publication of these preliminary
results.17 Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than seven days after the date
for filing case briefs.18 Parties who
submit case briefs or rebuttal briefs in
this proceeding are requested to submit
with the argument: (1) A statement of
the issue, (2) a summary of the
argument, and (3) a table of
authorities.19 All briefs must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
Commerce’s electronic records system,
ACCESS.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.20 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
is made, we will inform parties of the
scheduled date for the hearing at a time
and location to be determined.21 Parties
should confirm by telephone the date,
time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce will issue the final results of
this administrative review, including
the results of our analysis of the issues
raised by the parties in their case briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
Dated: November 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Preliminary Determination of No
Shipments
VI. Rates for Respondents Not Selected for
Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020–25852 Filed 11–20–20; 8:45 am]
BILLING CODE 3510–DS–P
Amended Final Determination.
19 CFR 351.224(b).
18 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006 (March 26, 2020); and
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020)
(collectively, Temporary Rule).
19 See 19 CFR 351.309(c)(2) and (d)(2).
20 See 19 CFR 351.310(c).
16 See
17 See
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74671
21 See
E:\FR\FM\23NON1.SGM
19 CFR 351.310.
23NON1
Agencies
[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74669-74671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25852]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers/exporters subject to this review made sales of subject
merchandise at less than normal value during the period of review (POR)
July 1, 2018 through June 30, 2019. We invite interested parties to
comment on these preliminary results.
DATES: Applicable November 23, 2020.
FOR FURTHER INFORMATION CONTACT: Charles Doss or Kate Sliney, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4474 and (202) 482-2437,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty (AD) order on certain corrosion-resistant steel products (CORE)
from Taiwan,\1\ covering the following two respondents: (1) Prosperity
Tieh Enterprise Co., Ltd. (Prosperity); and (2) the previously
collapsed Yieh Phui Enterprise Co., Ltd. (YP) and Synn Co., Ltd. (Synn)
entity (collectively, YP/Synn).\2\ On March 16, 2020, we extended the
preliminary results of this review to no later than July 30, 2020.\3\
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\4\ On July 21, 2020 Commerce tolled all deadlines
in administrative reviews by 60 days, thereby extending the deadline
for these preliminary results until November 17, 2020.\5\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\6\ A
[[Page 74670]]
list of topics included in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, the complete
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47242 (September 9, 2019).
\2\ In the less-than-fair-value (LTFV) investigation of the AD
order, we collapsed Prosperity, YP, and Synn and treated them as a
single entity. See Certain Corrosion-Resistant Steel Products from
Taiwan: Final Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical Circumstances, in Part,
81 FR 35313 (June 2, 2016) and accompanying Issues and Decision
Memorandum (IDM) at Comment 3 (Taiwan CORE LTFV Final); unchanged in
Certain Corrosion-Resistant Steel Products from India, Italy, the
People's Republic of China, the Republic of Korea and Taiwan:
Amended Final Affirmative Antidumping Determination for India and
Taiwan, and Antidumping Duty Orders, 82 FR 48390 (July 25, 2016)
(Order). The determination to collapse Prosperity with Synn was
challenged by respondent parties in the investigation and was
subject to pending litigation in Taiwan CORE LTFV Final. In the
first antidumping duty administrative review, we determined to no
longer collapse Prosperity with YP and Synn but we continued to
collapse YP and Synn and treat them as a single entity. See Certain
Corrosion-Resistant Steel Products From Taiwan: Preliminary Results
of Antidumping Duty Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review; 2016- 2017, 83 FR 39679
(August 10, 2018); unchanged in Certain Corrosion-Resistant Steel
Products From Taiwan: Final Results of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 64527 (December 17, 2018);
amended by Certain Corrosion-Resistant Steel Products From Taiwan:
Amended Final Results of Antidumping Duty Administrative Review;
2016-2017, 84 FR 5991 (February 25, 2019).
\3\ See Memorandum, ``Certain Corrosion-Resistant Steel Products
from Taiwan: Extension of Time Limit for Preliminary Results of the
2018-2019 Antidumping Duty Administrative Review,'' dated March 16,
2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2018-2019 Antidumping Duty Administrative Review:
Certain Corrosion-Resistant Steel Products from Taiwan,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 7
---------------------------------------------------------------------------
\7\ For the full text of the scope of the order, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
The products covered by the order are flat-rolled steel products,
either clad, plated, or coated with corrosion-resistant metals such as
zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys,
whether or not corrugated or painted, varnished, laminated, or coated
with plastics or other non-metallic substances in addition to the
metallic coating. The subject merchandise is currently classifiable
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000,
7212.40.5000, 7212.50.0000, and 7212.60.0000. The products subject to
the orders may also enter under the following HTSUS item numbers:
7210.90.1000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.91.0000, 7225.92.0000, 7225.99.0090, 7226.99.0110,
7226.99.0130, 7226.99.0180, 7228.60.6000, 7228.60.8000, and
7229.90.1000. The HTSUS subheadings above are provided for convenience
and customs purposes only. The written description of the scope of the
order is dispositive.
Affiliation and Collapsing
As noted above, YP and Synn were collapsed and treated as a single
entity for the purposes of the LTFV investigation and each of the prior
administrative reviews of this antidumping order. As a result, we
selected the YP/Synn entity as a single combined respondent and treated
it as such in the pre-preliminary phase of this review. However, we
preliminarily determine that the instant record no longer supports a
finding that YP should be collapsed with Synn, and therefore should no
longer be collapsed as the YP/Synn entity.\8\
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\8\ For a further discussion of the preliminary affiliation and
collapsing determination, see Memorandum, ``Administrative Review of
the Antidumping Duty Order on Certain Corrosion-Resistant Steel
Products from Taiwan: Preliminary Affiliation and Collapsing
Memorandum for Yieh Phui Enterprise Co., Ltd. and Synn Industrial
Co., Ltd.,'' dated concurrently with this notice (Affiliation-
Collapsing Memo).
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Preliminary Determination of No Shipments
On September 20, 2019, Synn submitted a letter certifying that it
had no exports or sales of subject merchandise into the United States
during the POR.\9\ U.S. Customs and Border Protection (CBP) did not
have any information to contradict these claims of no shipments during
the POR.\10\ Therefore, pursuant to our preliminarily determination to
treat YP and Synn as distinct respondents for the purposes of this
administrative review, as discussed immediately above, we preliminarily
determine that Synn did not have any reviewable transactions during the
POR. Consistent with Commerce's practice, we will not rescind the
review with respect to Synn, but rather will complete the review and
issue instructions to CBP based on the final results.\11\
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\9\ See Synn's Letter, ``Corrosion-Resistant Steel Products from
Taiwan; No Shipment Certification,'' dated September 20, 2019
(Synn's No Shipment Certification).
\10\ See Memorandum, ``2018-2019 Administrative Review of on
Certain Corrosion-Resistant Steel Products from Taiwan: U.S. Customs
and Border Protection Data,'' dated November 10, 2020.
\11\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1) and (2) of Tariff Act of 1930, as amended (the Act). Export
price and constructed export price were calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of the Review
Commerce preliminarily determines the following weighted-average
dumping margins exist for the period July 1, 2018 through June 30,
2019:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
------------------------------------------------------------------------
Hoa Sen Group........................................... 1.51
Nippon Steel............................................ 1.51
Prosperity Tieh Enterprise Co., Ltd..................... 0.00
Sheng Yu Steel Co., Ltd................................. 1.51
Sumikin Sales Vietnam Co., Ltd.......................... 1.51
Ton Dong A Corporation.................................. 1.51
Yieh Phui Enterprise Co., Ltd........................... 1.51
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem AD assessment rates based on the
ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\12\ We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is above de minimis (i.e., 0.5 percent).
Where either the respondent's weighted-average dumping margin is zero
or de minimis, or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. The final results of this review
shall be the basis for the assessment of
[[Page 74671]]
antidumping duties on entries of merchandise covered by the final
results of this review where applicable.
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\12\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
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For the companies which were not selected for individual review
(i.e., Hoa Sen Group, Nippon Steel, Sheng Yu Steel Co., Ltd., Sumikin
Sales Vietnam Co., Ltd., and Ton Dong A Corporation), we will assign an
assessment rate based on the weighted-average of the cash deposit rates
calculated for the companies selected for mandatory review (i.e.,
Prosperity and YP), excluding any which are de minimis or determined
entirely on adverse facts available. The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of this review and for
future deposits of estimated duties, where applicable.\13\
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\13\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which they did not know that their merchandise was
destined for the United States, we will instruct CBP to liquidate
entries not reviewed at the all-others rate of 3.66 percent established
in the LTFV investigation \14\ if there is no rate for the intermediate
company(ies) involved in the transaction.\15\ We intend to issue
instructions to CBP 15 days after publication of the final results of
this review.
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\14\ See Corrosion-Resistant Steel Products from Taiwan: Notice
of Court Decision Not in Harmony with Final Determination of
Antidumping Duty Investigation and Notice of Amended Final
Determination of Investigation, 84 FR 6129 (February 26, 2019)
(Amended Final Determination).
\15\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of CORE from Taiwan entered, or withdrawn from warehouse,
for consumption on or after the date of publication provided by section
751(a)(2) of the Act: (1) The cash deposit rate for each company listed
above will be equal to the dumping margins established in the final
results of this review except if the ultimate rates are de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rates will be zero; (2) for merchandise exported by producers
or exporters not covered in this administrative review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently completed
segment of this proceeding in which the producer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the original less-than-fair-value investigation but
the producer is, the cash deposit rate will be the rate established for
the most recently completed segment of the proceeding for the producer
of the merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 3.66 percent, the all-others
rate established in Amended Final Determination.\16\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\16\ See Amended Final Determination.
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Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\17\
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than seven days after the date for
filing case briefs.\18\ Parties who submit case briefs or rebuttal
briefs in this proceeding are requested to submit with the argument:
(1) A statement of the issue, (2) a summary of the argument, and (3) a
table of authorities.\19\ All briefs must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS.
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\17\ See 19 CFR 351.224(b).
\18\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020) (collectively, Temporary Rule).
\19\ See 19 CFR 351.309(c)(2) and (d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\20\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, we will inform
parties of the scheduled date for the hearing at a time and location to
be determined.\21\ Parties should confirm by telephone the date, time,
and location of the hearing.
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\20\ See 19 CFR 351.310(c).
\21\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: November 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Collapsing
V. Preliminary Determination of No Shipments
VI. Rates for Respondents Not Selected for Individual Examination
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020-25852 Filed 11-20-20; 8:45 am]
BILLING CODE 3510-DS-P