Certain Steel Nails From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2019-2020, 2763-2764 [2022-00957]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Notices]
[Pages 2763-2764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00957]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-874]


Certain Steel Nails From the Republic of Korea: Final Results of 
Antidumping Duty Administrative Review; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
producers and/or exporters subject to this administrative review made 
sales of subject merchandise at less than normal value during the 
period of review (POR), July 1, 2019, through June 30, 2020.

DATES: Applicable January 19, 2022.

FOR FURTHER INFORMATION CONTACT: Eva Kim, AD/CVD Operations, Office IV, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-8283.

SUPPLEMENTARY INFORMATION:

Background

    On July 19, 2021, Commerce published the preliminary results of the 
2019-2020 administrative review of the antidumping duty (AD) order on 
certain steel nails from the Republic of Korea (Korea).\1\ We invited 
interested parties to comment on the Preliminary Results. A full 
description of the events since the Preliminary Results is contained in 
the Issues and Decision Memorandum.\2\ Commerce conducted this review 
in accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See Certain Steel Nails from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 38015 (July 19, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: Certain 
Steel Nails from the Republic of Korea; 2019-2020,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order 3
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    \3\ See Certain Steel Nails from the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic 
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) 
(Order).
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    The products covered by the AD Order are steel nails from Korea. A 
full description of the scope of the Order is contained in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in the 
appendix to this notice and addressed in the Issues and Decision 
Memorandum. 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 directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made no 
changes to the margin calculation for the sole mandatory respondent, 
Daejin Steel Company (Daejin), since the Preliminary Results.

Rate for Non-Examined Company

    Generally, when calculating margins for non-selected respondents, 
Commerce looks to section 735(c)(5) of the Act for guidance, which 
provides instructions for calculating the all- others margin in an 
investigation. Section 735(c)(5)(A) of the Act provides that when 
calculating the all-others margin, Commerce will exclude any zero and 
de minimis weighted average dumping margins, as well as any weighted-
average dumping margins based on total facts available. Accordingly, 
Commerce's usual practice has been to average the margins for selected 
respondents, excluding margins that are zero, de minimis, or based 
entirely on facts available. In this review, we calculated a weighted-
average dumping margin of 3.22 percent for Daejin, the sole mandatory 
respondent. In accordance with section 735(c)(5)(A) of the Act, 
Commerce assigned Daejin's calculated weighted-average dumping margin, 
i.e., 3.22 percent, to the non-selected company in these final results. 
Accordingly, we have applied a rate of 3.22 percent to the non-selected 
company, i.e., Koram Inc.

Final Results of Administrative Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period July 1, 2019, through June 30, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Daejin Steel Company........................................        3.22
Koram Inc...................................................        3.22
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results within five days of the date of publication of this 
notice, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) the Act and 19 CFR 351.212(b)(1), 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. We 
intend to calculate importer- (or customer-) specific assessment rates 
on the basis of the ratio of the total amount of antidumping duties 
calculated for each importer (or customer's) examined sales and the 
total entered value of the sales in accordance with 19 CFR 
351.212(b)(1). Where an importer- (or customer-) specific rate is zero 
or de minimis within the meaning of 19 CFR 351.106(c)(1), we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
that the merchandise they sold to the intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such

[[Page 2764]]

instances, 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.\4\
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    \4\ 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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    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 duties, where 
applicable. 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).

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 these final 
results, as provided by section 751(a)(2)(C) of the Act: (1) The cash 
deposit rate for the companies under review will be equal to the 
weighted-average dumping margin listed above in the ``Final Results of 
Review'' section; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a previously 
completed segment of this proceeding, the cash deposit rate will 
continue to be the company-specific rate published in the final results 
for the most recent period in which that producer or exporter 
participated; (3) if the exporter is not a firm covered in this review 
or in any previous segment of this proceeding, but the producer is, 
then the cash deposit rate will be that established for the producer of 
the merchandise in these final results of review or in the final 
results for the most recent period in which that producer participated; 
and (4) if neither the exporter nor the producer is a firm covered in 
this review or in any previously completed segment of this proceeding, 
then the cash deposit rate will be 11.80 percent ad valorem, the all-
others rate established in the less than fair value investigation.\5\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \5\ See Order, 80 FR 39996.
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Notification to Importers

    This notice 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of the antidumping duties occurred and the subsequent assessment of 
doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
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 violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 
CFR 351.213(h).

    Dated: January 12, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Whether Commerce Should Reallocate Certain Common 
Expenses from General and Administrative (G&A) Expenses
    Comment 2: Whether Daejin Failed to Report Product-Specific Cost
    Comment 3: Whether Commerce Should Adjust Differential Pricing 
Method
V. Recommendation

[FR Doc. 2022-00957 Filed 1-18-22; 8:45 am]
BILLING CODE 3510-DS-P