Certain Steel Nails From Malaysia: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2019-2020, 41813-41815 [2021-16476]
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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
emailed to Victoria Moreno at
vmoreno@usccr.gov. All written
comments received will be available to
the public.
Persons who desire additional
information may contact the Regional
Programs Unit at (202) 809–9618.
Records and documents discussed
during the meeting will be available for
public viewing as they become available
at the www.facadatabase.gov. Persons
interested in the work of this advisory
committee are advised to go to the
Commission’s website, www.usccr.gov,
or to contact the Regional Programs Unit
at the above phone number or email
address.
administrative review of the
antidumping duty order on certain steel
nails from Malaysia.1 On October 27,
2020, Commerce selected Region
International Co., Ltd. and Region
System Sdn. Bhd. (collectively, Region)
as the mandatory respondent in this
administrative review.2 On March 25,
2021, we extended the time limit for
completion of these preliminary results
to July 30, 2021, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act).3 For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.4
Agenda: Thursday, August 19, 2021;
12:00 p.m. (CT)
1. Welcome & Roll Call
2. Chair’s Comments
3. Committee Discussion
4. Next Steps
5. Public Comment
6. Other Business
7. Adjourn
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 of this administrative review,
see the Preliminary Decision
Memorandum.
Partial Rescission of Administrative
Review
Dated: July 28, 2021.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
In the Initiation Notice, we initiated a
review of twenty-five companies.
Subsequently, Mid Continent Steel &
Wire, Inc. (the petitioner) withdrew its
request for review with respect to
twenty of these companies.5 No other
parties had requested a review of these
companies. Thus, in response to the
petitioner’s timely withdrawal of its
request and pursuant to 19 CFR
351.213(d)(1), we are rescinding the
administrative review of the twenty
companies listed in Appendix II to this
notice.
[FR Doc. 2021–16471 Filed 8–2–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–816]
Certain Steel Nails From Malaysia:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
certain steel nails from Malaysia were
sold in the United States at less than
normal value during the period of
review, July 1, 2019, through June 30,
2020. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Preston Cox, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5041.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
Background
On September 3, 2020, Commerce
published the notice of initiation of the
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17:21 Aug 02, 2021
Jkt 253001
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
54983 (September 3, 2020) (Initiation Notice).
2 See Memorandum, ‘‘Administrative Review of
Antidumping Duty Order on Certain Steel Nails
from Malaysia: Respondent Selection,’’ dated
October 27, 2020. Commerce has preliminarily
determined to collapse the Region companies and
treat them as a single entity. For a discussion of the
collapsing criteria, see Memorandum, ‘‘Analysis
Memorandum for Region International Co., Ltd. and
Region System Sdn. Bhd. in the Preliminary Results
of the 2019/2020 Administrative Review of the
Antidumping Duty Order on Certain Steel Nails
from Malaysia,’’ dated concurrently with this
notice.
3 See Memorandum, ‘‘Certain Steel Nails from
Malaysia: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative
Review; 2019–2020,’’ dated March 25, 2021.
4 See Memorandum, ‘‘Certain Steel Nails from
Malaysia: Decision Memorandum for Preliminary
Results and Partial Rescission of Antidumping Duty
Administrative Review; 2019–2020,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
5 See Petitioner’s Letter, ‘‘Certain Steel Nails from
Malaysia—Withdrawal of Request for
Administrative Review,’’ dated September 24, 2020
(Petitioner’s Withdrawal of Request for
Administrative Review).
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Sfmt 4703
41813
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
to the public 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 found at
https://enforcement.trade.gov/frn/
index.html. A list of the topics
discussed in the Preliminary Decision
Memorandum is attached as Appendix
I to this notice.
Rate for Non-Selected 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}.’’
In this review, we preliminarily
calculated a weighted-average dumping
margin for Region that was not zero, de
minimis, or based on facts available.
Accordingly, we have preliminarily
assigned the weighted-average dumping
margin calculated for Region as the
weighted-average dumping margin for
the non-individually examined
companies.
Preliminary Results of Review
We preliminarily determine that the
following estimated weighted-average
dumping margins exist for the period
July 1, 2019, through June 30, 2020:
E:\FR\FM\03AUN1.SGM
03AUN1
41814
Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
respective case briefs. If a request for a
hearing is made, Commerce intends to
hold the hearing at a time and date to
Producer/exporter
be determined. An electronically filed
hearing request must be received
successfully in its entirety by
Region International Co., Ltd.
Commerce’s electronic records system,
and Region System Sdn.
ACCESS, by 5:00 p.m. Eastern Time
Bhd ....................................
1.77 within 30 days after the date of
Inmax Sdn. Bhd. and Inmax
publication of this notice.10
Industries Sdn. Bhd 6 ........
1.77
Commerce intends to issue the final
Tag Fasteners Sdn. Bhd ......
1.77
results of this administrative review,
including the results of its analysis of
Disclosure and Public Comment
the issues raised in any written briefs,
We intend to disclose the calculations no later than 120 days after the date of
performed to parties in this
publication of this notice, unless
administrative review within five days
extended, pursuant to section
after public announcement of the
751(a)(3)(A) of the Act.
preliminary results in accordance with
Assessment Rates
19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c),
Upon issuing the final results,
interested parties may submit case briefs Commerce shall determine, and U.S.
no later than 30 days after the date of
Customs and Border Protection (CBP)
publication of this notice. Rebuttal
shall assess, antidumping duties on all
briefs, limited to issues raised in the
appropriate entries. If the weightedcase briefs, may be filed not later than
average dumping margin for Region is
seven days after the date for filing case
not zero or de minimis in the final
briefs.7 Commerce has modified certain
results of this review, we will calculate
of its requirements for serving
an importer-specific assessment rate on
documents containing business
the basis of the ratio of the total amount
proprietary information until further
of dumping calculated for each
notice.8 Parties who submit case briefs
importer’s examined sales and the total
or rebuttal briefs in this proceeding are
entered value of such sales in
encouraged to submit with each
accordance with 19 CFR 351.212(b)(1).11
argument: (1) A statement of the issue;
If Region’s weighted-average dumping
(2) a brief summary of the argument;
margin is zero or de minimis in the final
and (3) a table of authorities.9
results of review, or if an importerPursuant to 19 CFR 351.310(c),
specific assessment rate is zero or de
interested parties who wish to request a minimis, Commerce will instruct CBP to
hearing must submit a written request to liquidate appropriate entries without
the Assistant Secretary for Enforcement
regard to antidumping duties.12 For
and Compliance, filed electronically via entries of subject merchandise during
ACCESS. Requests should contain: (1)
the period of review produced by
The party’s name, address and
Region for which it did not know its
telephone number; (2) the number of
merchandise was destined for the
participants; and (3) a list of issues to be United States, we will instruct CBP to
discussed. Issues raised in the hearing
liquidate unreviewed entries.13
will be limited to those raised in the
Consistent with its recent notice,14
Commerce intends to issue assessment
6 Commerce determined to collapse, and treat as
instructions to CBP no earlier than 35
a single entity, affiliates Inmax Sdn. Bhd. and
days after the date of publication of the
Inmax Industries Sdn. Bhd. in the final results of
final results of this review in the
the 2018–2019 antidumping duty administrative
Federal Register. If a timely summons is
review of certain steel nails from Malaysia.
Therefore, we are continuing to treat these
filed at the U.S. Court of International
companies as a single entity for these preliminary
Trade, the assessment instructions will
results. See Certain Steel Nails from Malaysia: Final
jbell on DSKJLSW7X2PROD with NOTICES
Estimated
weightedaverage
dumping
margin
(percent)
Results of the Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2018–2019, 86 FR 16322 (March 29, 2021).
7 See 19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect).’’)
8 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
9 See 19 CFR 351.303 (for general filing
requirements).
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17:21 Aug 02, 2021
Jkt 253001
10 See
19 CFR 351.310(c).
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
12 Id. at 8102–03; see also 19 CFR 351.106(c)(2).
13 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
14 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).
11 See
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Frm 00004
Fmt 4703
Sfmt 4703
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). The final results of this
administrative review shall be the basis
for the assessment of antidumping
duties on entries of merchandise under
review and for future cash deposits of
estimated antidumping duties, where
applicable.
For the companies for which this
review is rescinded with these
preliminary results, Commerce will
instruct CBP to assess antidumping
duties on all appropriate entries at a rate
equal to the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, during the period July
1, 2019 through June 30, 2020, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions directly to CBP no earlier
than 35 days after publication of this
notice in the Federal Register.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register 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 date of publication, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for companies
subject to this review will be equal to
the company-specific weighted-average
dumping margin established in the final
results of this administrative review; (2)
for merchandise exported by a company
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 in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review, a prior review,
or the less-than-fair-value investigation
but the producer is, then the cash
deposit rate will be the rate established
in 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 allothers rate established in the less-thanfair-value investigation.15 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
15 See Certain Steel Nails from Malaysia:
Amended Final Determination of Sales at Less
Than Fair Value, 80 FR 34370 (June 16, 2015).
E:\FR\FM\03AUN1.SGM
03AUN1
Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
Notification to Importers
DEPARTMENT OF COMMERCE
This notice 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.
International Trade Administration
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: July 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Companies Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
jbell on DSKJLSW7X2PROD with NOTICES
1. Atlantic Manufacture Inc.
2. Chia Pao Metal Co., Ltd.
3. Delmar International (Vietnam) Ltd.
4. Dicha Sombrilla Co., Ltd.
5. Expeditors Vietnam Company Limited
6. Gia Linh Logistics Services Co., Ltd.
7. Global Logistics Solution Co., Ltd.
8. Jinhai Hardware Co., Ltd.
9. K-Apex Logistics (HK) Co., Limited
10. KPF Vietnam Co., Ltd.
11. KPF Vina Co., Ltd.
12. Orient Star Transport Int’l Ltd.
13. Oriental Multiple Enterprise Ltd.
14. Pudong Prime Int’l Logistics Inc.
15. Rich State, Inc.
16. Top Shipping Company Limited
17. Topy Fasteners Vietnam Co., Ltd.
18. Truong Vinh Ltd.
19. United Nail Products Co., Ltd.
20. Vina Hardwares Joint Stock Company.16
BILLING CODE 3510–DS–P
16 See Petitioner’s Withdrawal of Request for
Administrative Review.
VerDate Sep<11>2014
17:21 Aug 02, 2021
Jkt 253001
Emulsion Styrene-Butadiene Rubber
From Mexico: Final Results of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Industrias
Negromex S.A. de C.V. (Negromex)
made sales of subject merchandise at
prices below normal value during the
period of review (POR) September 1,
2018, through August 31, 2019.
DATES: Applicable August 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3860.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Appendix II—List of Companies for
Which Commerce Is Rescinding the
Administrative Review
[FR Doc. 2021–16476 Filed 8–2–21; 8:45 am]
[A–201–848]
This review covers one producer/
exporter of the subject merchandise:
Negromex. On January 29, 2021,
Commerce published the Preliminary
Results.1 On March 22, 2021, we
received case briefs from the petitioner 2
and Negromex.3 On March 29, 2021, we
received a rebuttal brief from the
petitioner.4 On May 14, 2021, we
extended the deadline for issuance of
the final results of this review to July 28,
2021.5
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The product covered by the order is
emulsion styrene-butadiene rubber from
1 See Emulsion Styrene-Butadiene Rubber from
Mexico: Preliminary Results of Antidumping Duty
Administrative Review; 2018–2019, 86 FR 7531
(January 29, 2021) (Preliminary Results).
2 See Petitioner’s Letter, ‘‘Emulsion StyreneButadiene Rubber (E–SBR) from Mexico,
Administrative Review 2018–2019: Case Brief and
Request to Participate in Hearing,’’ dated March 22,
2021.
3 See Negromex’s Letter, ‘‘Emulsion StyreneButadiene Rubber from Mexico—Case Brief,’’ dated
March 22, 2021.
4 See Petitioner’s Letter, ‘‘Emulsion StyreneButadiene Rubber (E–SBR) from Mexico,
Administrative Review 2018–2019: Rebuttal Brief,’’
dated March 29, 2021.
5 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review, 2018–2019,’’ dated May 14, 2021.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
41815
Mexico. For a complete description of
the scope of this order, see the Issues
and Decision Memorandum.6
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs filed by
interested parties in the Issues and
Decision Memorandum. Attached to this
notice, in the Appendix, is a list of the
issues which parties raised. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directlyat
https://enforcement.trade.gov/frn/
index.html.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
margin calculation for Negromex.7
Final Results of Administrative Review
We are assigning the following
dumping margin to the firm listed below
for the POR, September 1, 2018, through
August 31, 2019:
Producers/exporters
Industrias Negromex S.A. de
C.V ....................................
Weightedaverage
dumping
margin
(percent)
23.26
Disclosure
We will disclose to interested parties
the calculations performed in
connection with these final results
within five days of the publication of
this notice, consistent with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise, in accordance with the
final results of this review. Commerce
6 For a full description of the scope, see
Memorandum, ‘‘Emulsion Styrene-Butadiene
Rubber from Mexico: Issues and Decision
Memorandum for the Final Results of the 2018–
2019 Antidumping Duty Administrative Review,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
7 See Issues and Decision Memorandum.
E:\FR\FM\03AUN1.SGM
03AUN1
]]>Agencies
[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41813-41815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16476]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-816]
Certain Steel Nails From Malaysia: Preliminary Results and
Partial Rescission of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
certain steel nails from Malaysia were sold in the United States at
less than normal value during the period of review, July 1, 2019,
through June 30, 2020. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable August 3, 2021.
FOR FURTHER INFORMATION CONTACT: Preston Cox, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-5041.
SUPPLEMENTARY INFORMATION:
Background
On September 3, 2020, Commerce published the notice of initiation
of the administrative review of the antidumping duty order on certain
steel nails from Malaysia.\1\ On October 27, 2020, Commerce selected
Region International Co., Ltd. and Region System Sdn. Bhd.
(collectively, Region) as the mandatory respondent in this
administrative review.\2\ On March 25, 2021, we extended the time limit
for completion of these preliminary results to July 30, 2021, in
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act).\3\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation
Notice).
\2\ See Memorandum, ``Administrative Review of Antidumping Duty
Order on Certain Steel Nails from Malaysia: Respondent Selection,''
dated October 27, 2020. Commerce has preliminarily determined to
collapse the Region companies and treat them as a single entity. For
a discussion of the collapsing criteria, see Memorandum, ``Analysis
Memorandum for Region International Co., Ltd. and Region System Sdn.
Bhd. in the Preliminary Results of the 2019/2020 Administrative
Review of the Antidumping Duty Order on Certain Steel Nails from
Malaysia,'' dated concurrently with this notice.
\3\ See Memorandum, ``Certain Steel Nails from Malaysia:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review; 2019-2020,'' dated March 25, 2021.
\4\ See Memorandum, ``Certain Steel Nails from Malaysia:
Decision Memorandum for Preliminary Results and Partial Rescission
of Antidumping Duty Administrative Review; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
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 of this
administrative review, see the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
In the Initiation Notice, we initiated a review of twenty-five
companies. Subsequently, Mid Continent Steel & Wire, Inc. (the
petitioner) withdrew its request for review with respect to twenty of
these companies.\5\ No other parties had requested a review of these
companies. Thus, in response to the petitioner's timely withdrawal of
its request and pursuant to 19 CFR 351.213(d)(1), we are rescinding the
administrative review of the twenty companies listed in Appendix II to
this notice.
---------------------------------------------------------------------------
\5\ See Petitioner's Letter, ``Certain Steel Nails from
Malaysia--Withdrawal of Request for Administrative Review,'' dated
September 24, 2020 (Petitioner's Withdrawal of Request for
Administrative Review).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. The
Preliminary Decision Memorandum is a public document and is made
available to the public 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 found at https://enforcement.trade.gov/frn/. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
Appendix I to this notice.
Rate for Non-Selected 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 preliminarily calculated a weighted-average
dumping margin for Region that was not zero, de minimis, or based on
facts available. Accordingly, we have preliminarily assigned the
weighted-average dumping margin calculated for Region as the weighted-
average dumping margin for the non-individually examined companies.
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period July 1, 2019, through June
30, 2020:
[[Page 41814]]
------------------------------------------------------------------------
Estimated
weighted-
Producer/exporter average
dumping margin
(percent)
------------------------------------------------------------------------
Region International Co., Ltd. and Region System Sdn. 1.77
Bhd....................................................
Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd \6\....... 1.77
Tag Fasteners Sdn. Bhd.................................. 1.77
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\6\ Commerce determined to collapse, and treat as a single
entity, affiliates Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd. in
the final results of the 2018-2019 antidumping duty administrative
review of certain steel nails from Malaysia. Therefore, we are
continuing to treat these companies as a single entity for these
preliminary results. See Certain Steel Nails from Malaysia: Final
Results of the Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2018-2019, 86 FR 16322 (March 29,
2021).
---------------------------------------------------------------------------
We intend to disclose the calculations performed to parties in this
administrative review within five days after public announcement of the
preliminary results in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no 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.\7\ Commerce has modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\8\ Parties who submit case briefs 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.\9\
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\7\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect).'')
\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\9\ See 19 CFR 351.303 (for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a time and date to be
determined. An electronically filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\10\
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\10\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, no later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results, Commerce shall determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries. If the weighted-average dumping margin for
Region is not zero or de minimis in the final results of this review,
we will calculate an importer-specific assessment rate on the basis of
the ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1).\11\ If Region's weighted-average dumping
margin is zero or de minimis in the final results of review, or if an
importer-specific assessment rate is zero or de minimis, Commerce will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\12\ For entries of subject merchandise during the
period of review produced by Region for which it did not know its
merchandise was destined for the United States, we will instruct CBP to
liquidate unreviewed entries.\13\
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\11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\12\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
\13\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Consistent with its recent notice,\14\ 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). The final results of this administrative review shall be
the basis for the assessment of antidumping duties on entries of
merchandise under review and for future cash deposits of estimated
antidumping duties, where applicable.
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\14\ 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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For the companies for which this review is rescinded with these
preliminary results, Commerce will instruct CBP to assess antidumping
duties on all appropriate entries at a rate equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period July 1,
2019 through June 30, 2020, in accordance with 19 CFR 351.212(c)(1)(i).
Commerce intends to issue appropriate assessment instructions directly
to CBP no earlier than 35 days after publication of this notice in the
Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register 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
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) The cash deposit rate for companies subject to this review will be
equal to the company-specific weighted-average dumping margin
established in the final results of this administrative review; (2) for
merchandise exported by a company 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 in the
completed segment for the most recent period; (3) if the exporter is
not a firm covered in this review, a prior review, or the less-than-
fair-value investigation but the producer is, then the cash deposit
rate will be the rate established in 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.\15\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\15\ 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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[[Page 41815]]
Notification to Importers
This notice 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
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: July 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II--List of Companies for Which Commerce Is Rescinding the
Administrative Review
1. Atlantic Manufacture Inc.
2. Chia Pao Metal Co., Ltd.
3. Delmar International (Vietnam) Ltd.
4. Dicha Sombrilla Co., Ltd.
5. Expeditors Vietnam Company Limited
6. Gia Linh Logistics Services Co., Ltd.
7. Global Logistics Solution Co., Ltd.
8. Jinhai Hardware Co., Ltd.
9. K-Apex Logistics (HK) Co., Limited
10. KPF Vietnam Co., Ltd.
11. KPF Vina Co., Ltd.
12. Orient Star Transport Int'l Ltd.
13. Oriental Multiple Enterprise Ltd.
14. Pudong Prime Int'l Logistics Inc.
15. Rich State, Inc.
16. Top Shipping Company Limited
17. Topy Fasteners Vietnam Co., Ltd.
18. Truong Vinh Ltd.
19. United Nail Products Co., Ltd.
20. Vina Hardwares Joint Stock Company.\16\
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\16\ See Petitioner's Withdrawal of Request for Administrative
Review.
[FR Doc. 2021-16476 Filed 8-2-21; 8:45 am]
BILLING CODE 3510-DS-P
