Certain Corrosion-Resistant Steel Products From Taiwan: Final Results of the Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019, 28554-28556 [2021-11248]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28554-28556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11248]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-856]


Certain Corrosion-Resistant Steel Products From Taiwan: Final 
Results of the Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Yieh 
Phui Enterprise Co., Ltd. (YP) made sales of subject merchandise at 
less than normal value (NV) during the period of review (POR) July 1, 
2018, through June 30, 2019. We also find that Prosperity Tieh 
Enterprise Co., Ltd. (Prosperity) did not sell subject merchandise at 
less than NV during the POR. Further, we determine that Synn Co., Ltd. 
(Synn) had no shipments of subject merchandise during the POR.

DATES: Applicable May 27, 2021.

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 or (202) 482- 2437, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 23, 2020, Commerce published the Preliminary Results 
for this administrative review.\1\ We invited interested parties to 
comment on the Preliminary Results. This review covers two mandatory 
respondents: Prosperity and YP.\2\ We received case briefs from AK 
Steel Corporation, California Steel Industries, and Steel Dynamics, 
Inc. (collectively, the petitioners), and YP.\3\ We received rebuttal 
briefs from YP and the petitioners.\4\ On March 18, 2021, we extended 
the deadline for the final results of this review to May 21, 2021.\5\ A 
complete summary of the events that occurred since publication of the 
Preliminary Results is found in the Issues and Decision Memorandum.\6\ 
Commerce conducted this review in accordance with section 751 of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Corrosion-Resistant Steel Products from Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2018-2019, 85 FR 74669 
(November 23, 2020) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \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, YP and Synn was 
challenged by respondent parties in the investigation and is subject 
to pending litigation. 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). In the Preliminary Results of the instant review, we 
preliminarily found YP and Synn to no longer be collapsed, and made 
a preliminary finding of no shipments with respect to Synn. As 
discussed further below, we sustain our preliminary determination 
finding YP and Synn to be not collapsed and our preliminary 
determination of no shipments with respect to Synn. See 
``Affiliation and Collapsing'' and ``Final Determination of No 
Shipments'' sections, below. Accordingly, though the instant review 
was initiated on YP and Synn as a single collapsed respondent, we 
have treated them as distinct entities for the purposes of these 
final results.
    \3\ See YP's Letter, ``Case Brief,'' dated January 6, 2021; and 
Petitioners' Letter, ``Petitioners' Case Brief,'' dated January 6, 
2021.
    \4\ See YP's Letter, ``Rebuttal Brief,'' dated January 13, 2021; 
and Petitioners' Letter, ``Petitioners' Rebuttal Brief,'' dated 
January 13, 2021.
    \5\ See Memorandum, ``Certain Corrosion-Resistant Steel Products 
from Taiwan: Extension of Time Limit for the Final Results of 
Antidumping Duty Administrative Review, 2018-2019,'' dated March 18, 
2021.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final 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 (Issues 
and Decision Memorandum).
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Scope of the Order

    The product covered by the order is flat-rolled steel products, 
either clad, plated, or coated with corrosion-resistant metals such as 
zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, 
whether or not corrugated or painted, varnished, laminated, or coated 
with plastics or other non-metallic substances in addition to the 
metallic coating. The subject

[[Page 28555]]

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

    In the Preliminary Results, we preliminarily determined that the 
evidence on the record of this administrative review does not support a 
finding that YP should be collapsed with Synn, and therefore should not 
be collapsed as the YP/Synn entity for this POR. As we have not 
received any information to contradict this preliminary determination, 
nor comment in opposition to our preliminary finding, we determine not 
to collapse YP with Synn and thus to treat YP and Synn as distinct 
entities for the purposes of these final results.\7\
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    \7\ See Preliminary Results, 85 FR at 74670; and 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 November 17, 2020.
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Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the Issues and Decision Memorandum.\8\ A 
list of the issues which parties raised, and to which we respond in the 
Issues and Decision Memorandum, is attached in the appendix to this 
notice. 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 System (ACCESS). ACCESS is 
available to registered users at https://access.trade.gov. In addition, 
a complete version of the Issues and Decision Memorandum can be 
accessed directly at https://enforcement.trade.gov/frn/.
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    \8\ See Issues and Decision Memorandum.
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made a change 
to the preliminary weighted-average margin calculation for YP. For 
detailed information, see the Issues and Decision Memorandum.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Synn made no 
shipments of subject merchandise during the POR.\9\ As we have not 
received any information to contradict this determination, nor comment 
in opposition to our preliminary finding, we continue to determine that 
Synn made no shipments of subject merchandise during the POR. 
Consistent with our practice, we will instruct U.S. Customs and Border 
Protection (CBP) to liquidate any existing entries of subject 
merchandise produced by Synn, but exported by other parties, at the 
rate for the intermediate reseller, if available, or at the all-others 
rate.
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    \9\ See Preliminary Results, 85 FR at 74670.
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Rates for Respondents Not Selected for Individual Examination

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to individual respondents not 
selected for 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 an 
investigation, for guidance when calculating the rate for respondents 
which we did not examine in an administrative review. Section 
735(c)(5)(A) of the Act establishes a preference to avoid using rates 
which are zero, de minimis, or based entirely on facts available (FA) 
in calculating an all others rate. Accordingly, Commerce's practice in 
administrative reviews has been to average the weighted-average dumping 
margins for the companies selected for individual examination in the 
administrative review, excluding rates that are zero, de minimis, or 
based entirely on FA.\10\ For these final results of review, we 
calculated a zero percent weighted-average dumping margin for 
Prosperity and a weighted-average dumping margin for YP that is above 
de minimis and not based entirely on FA. Therefore, consistent with our 
practice, we have assigned the companies not selected for individual 
examination the weighted-average dumping margin calculated for YP.
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    \10\ See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews and Rescission of Reviews in 
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying 
Issues and Decision Memorandum at Comment 16.
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Final Results of the Administrative Review

    We determine that the following weighted-average dumping margins 
exist for the respondents for the period July 1, 2018 through June 30, 
2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hoa Sen Group...............................................        1.53
Nippon Steel................................................        1.53
Prosperity Tieh Enterprise Co., Ltd.........................        0.00
Sheng Yu Steel Co., Ltd.....................................        1.53
Sumikin Sales Vietnam Co., Ltd..............................        1.53
Ton Dong A Corporation......................................        1.53
Yieh Phui Enterprise Co., Ltd...............................        1.53
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review. Pursuant to 19 CFR 
351.212(b)(1), we calculated importer-specific ad valorem duty 
assessment rates based on the ratio of the total amount of dumping 
calculated for the examined sales to the total entered value of those 
sales. Where either the respondent's weighted-average dumping margin is 
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), 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.\11\ For entries of subject merchandise during the 
POR produced by the mandatory respondents

[[Page 28556]]

for which they did not know their merchandise was destined for the 
United States, or for entries associated with Synn, who had no 
shipments during the POR, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.
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    \11\ In these final 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 Duty Proceedings; Final Modification, 77 
FR 8101 (February 14, 2012).
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    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.\12\
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    \12\ See section 751(a)(2)(C) of the Act.
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    Consistent with its recent notice,\13\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \13\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 the companies listed above will 
be equal to the weighted-average dumping margins established in the 
final results of this administrative review; (2) for merchandise 
exported by producers or exporters not covered in this review but 
covered in a prior completed segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recent period; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation, but the 
producer has been covered in a prior complete segment of this 
proceeding, then the cash deposit rate will be the rate established for 
the most recent period for the producer of the merchandise; (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 3.66 percent,\14\ the all-others rate from the Amended 
Final Determination. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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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).
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Notification to Importers

    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 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 Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of 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.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act, and 
19 CFR 351.221(b)(5).

    Dated: May 20, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

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
    Comment 1: Cost Adjustment for YP's Affiliated Purchases of 
Cold-Rolled Steel
    Comment 2: Treatment of Guarantee Fee Income in YP's General and 
Administrative (G&A) Expense Ratio
    Comment 3: Basis for U.S. Price and Calculation of Imputed 
Credit Expenses
VI. Recommendation

[FR Doc. 2021-11248 Filed 5-26-21; 8:45 am]
BILLING CODE 3510-DS-P