Certain Steel Nails From Malaysia: Final Results of Antidumping Duty Administrative Review; 2019-2020, 5794-5795 [2022-02103]

Download as PDF 5794 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices Background DEPARTMENT OF COMMERCE On October 25, 2021, Commerce published in the Federal Register the final results of the 2018–2019 administrative review of the AD order on certain crystalline silicon photovoltaic cells, whether or not assembled into modules, from China.1 Commerce inadvertently omitted Wuxi Suntech Power Co., Ltd/Luoyang Suntech Power Co., Ltd. from the list of companies that did not ship subject merchandise to the United States during the POR.2 We hereby notify the public that in the final results of 2018–2019 administrative review of the AD order on certain crystalline silicon photovoltaic cells, whether or not assembled into modules from China, Commerce continued to find that, during the POR, there were no entries of subject merchandise into the United States from, or exports or sales of subject merchandise to the United States by, Wuxi Suntech Power Co., Ltd/ Luoyang Suntech Power Co., Ltd.3 Therefore, Wuxi Suntech Power Co., Ltd/Luoyang Suntech Power Co., Ltd. should be included in the list of companies that did not ship subject merchandise to the United States during the POR. International Trade Administration Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.221(b)(5). Dated: January 27, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–02106 Filed 2–1–22; 8:45 am] jspears on DSK121TN23PROD with NOTICES1 BILLING CODE 3510–DS–P 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018–2019, 86 FR 58871 (October 25, 2021). 2 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Administrative Review, and Preliminary Determination of No Shipments; 2018–2019, 86 FR 21277 (April 22, 2021), and accompanying Preliminary Decision Memorandum at 5. 3 Id. VerDate Sep<11>2014 21:31 Feb 01, 2022 Jkt 256001 [A–557–816] Certain Steel Nails From Malaysia: Final Results of Antidumping Duty Administrative Review; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that certain steel nails from Malaysia were not sold at less than normal value during the period of review (POR), July 1, 2019, through June 30, 2020. DATES: Applicable February 2, 2022. 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: AGENCY: Background On August 3, 2021, Commerce published the Preliminary Results of the 2019–2020 administrative review of the antidumping duty order on certain steel nails from Malaysia.1 We invited interested parties to comment on the Preliminary Results.2 On November 22, 2021, we extended the deadline for these final results until January 28, 2022.3 This review covers one mandatory respondent: Region.4 The producers/exporters not selected for individual examination are listed in the ‘‘Final Results of the Administrative Review’’ section of this notice. For a complete description of the events that followed the Preliminary Results, see the Issues and Decision Memorandum.5 Commerce conducted this administrative review in accordance 1 See Certain Steel Nails from Malaysia: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2019– 2020, 86 FR 41813 (August 3, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Preliminary Results, 86 FR at 41814. 3 See Memorandum, ‘‘Certain Steel Nails from Malaysia: Extension of Deadline for Final Results of Antidumping Duty Administrative Review; 2019– 2020,’’ dated November 22, 2021. 4 Commerce continues to treat affiliates Region International Co. Ltd. and Region System Sdn. Bhd. (collectively, Region) as a collapsed single entity for the final results of this review. See Preliminary Results PDM at 5–6. 5 See Memorandum, ‘‘Decision Memorandum for the Final Results of the 2019–2020 Administrative Review of the Antidumping Duty Order on Certain Steel Nails from Malaysia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 with section 751 of the Tariff Act of 1930, as amended (the Act). 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 Issues and Decision Memorandum.6 Analysis of Comments Received All issues raised in the case and rebuttal briefs filed by interested parties in this review are discussed in the Issues and Decision Memorandum. The Issues and 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 Issues and Decision Memorandum can be found at https://access.trade.gov/public/ FRNoticesListLayout.aspx. A list of the topics included in the Issues and Decision Memorandum is attached as an appendix to this notice. Changes Since the Preliminary Results Based on the comments received from interested parties regarding our Preliminary Results, and for the reasons explained in the Issues and Decision memorandum, we made no changes to the margin calculation methodology used in the Preliminary Results; however, we have changed the margin for these final results of review, as discussed in the Issues and Decision Memorandum. Rates for Non-Selected Respondents 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 6 See E:\FR\FM\02FEN1.SGM Issues and Decision Memorandum at 2–4. 02FEN1 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices individually investigated, excluding any zero and de minimis margins, and any margins determined entirely {on the basis of facts available}. For these final results, we have calculated a weighted-average dumping margin for Region that is zero or de minimis, and we have not calculated any margins which are not zero, de minimis, or determined entirely on the basis of facts available. Accordingly, we have assigned to the companies not individually examined a margin of zero percent. Final Results of the Administrative Review We determine that the following estimated weighted-average dumping margins exist for the period July 1, 2019, through June 30, 2020: Estimated weightedaverage dumping margin (percent) Producer/exporter Cash Deposit Requirements The following cash deposit requirements will be effective upon 0.00 0.00 publication in the Federal Register of the notice of these final results for all shipments of the subject merchandise Disclosure of Calculations entered, or withdrawn from warehouse, Normally, Commerce discloses to the for consumption on or after the parties in a proceeding the calculations publication date, as provided by section performed in connection with the final 751(a)(2) of the Act: (1) The cash deposit results of review in accordance with 19 rate for companies subject to this review CFR 351.224(b). However, because will be equal to the company-specific Commerce made no adjustments to the weighted-average dumping margin margin calculation methodology used in established in the final results of the the Preliminary Results, there are no review; (2) for merchandise exported by calculations to disclose for the final producers or exporters not covered in results of review. this review but covered in a prior segment of the proceeding, the cash Assessment Rates deposit rate will continue to be the Pursuant to section 751(a)(2)(C) of the company-specific rate published in the Act, and 19 CFR 351.212(b)(1), completed segment for the most recent Commerce has determined, and U.S. period; (3) if the exporter is not a firm Customs and Border Protection (CBP) covered in this review, a prior review, shall assess, antidumping duties on all or the original investigation but the appropriate entries of subject producer has been covered in a prior merchandise in accordance with the completed segment of this proceeding, final results of this review. Because we then the cash deposit rate will be the calculated a margin for Region which is rate established in the completed zero or de minimis in the final results segment for the most recent period for of this review, we intend to instruct CBP the producer of the merchandise; and to liquidate the appropriate entries (4) the cash deposit rate for all other without regard to antidumping duties. producers or exporters will continue to For the companies identified above that be 2.66 percent, the all-others rate were not selected for individual established in the less-than-fair-value examination, we will instruct CBP to investigation.9 These cash deposit liquidate entries at the rates established in these final results of review. 8 See Antidumping and Countervailing Duty Region International Co., Ltd. and Region System Sdn. Bhd Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd7 .................. Tag Fasteners Sdn. Bhd ............ jspears on DSK121TN23PROD with NOTICES1 For entries of subject merchandise during the period of review produced by any of these companies for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction.8 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. 0.00 7 Commerce continues to treat Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd. as a collapsed single entity for the final results of this review. See Preliminary Results, 86 FR at 41814. VerDate Sep<11>2014 21:31 Feb 01, 2022 Jkt 256001 requirements, when imposed, shall remain in effect until further notice. 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 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. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under 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 sanctionable violation. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221. Dated: January 26, 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. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Application of Adverse Facts Available Comment 2: Clerical Error Comment 3: Correction to Draft Liquidation Instructions VI. Recommendation [FR Doc. 2022–02103 Filed 2–1–22; 8:45 am] BILLING CODE 3510–DS–P Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 9 See Certain Steel Nails from Malaysia: Amended Final Determination of Sales at Less Than Fair Value, 80 FR 34370 (June 16, 2015). PO 00000 Frm 00017 Fmt 4703 Sfmt 9990 5795 E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5794-5795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02103]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


Certain Steel Nails From Malaysia: 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 certain 
steel nails from Malaysia were not sold at less than normal value 
during the period of review (POR), July 1, 2019, through June 30, 2020.

DATES: Applicable February 2, 2022.

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 August 3, 2021, Commerce published the Preliminary Results of 
the 2019-2020 administrative review of the antidumping duty order on 
certain steel nails from Malaysia.\1\ We invited interested parties to 
comment on the Preliminary Results.\2\ On November 22, 2021, we 
extended the deadline for these final results until January 28, 
2022.\3\ This review covers one mandatory respondent: Region.\4\ The 
producers/exporters not selected for individual examination are listed 
in the ``Final Results of the Administrative Review'' section of this 
notice. For a complete description of the events that followed the 
Preliminary Results, see the Issues and Decision Memorandum.\5\ 
Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Certain Steel Nails from Malaysia: Preliminary Results 
and Partial Rescission of Antidumping Duty Administrative Review; 
2019-2020, 86 FR 41813 (August 3, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Preliminary Results, 86 FR at 41814.
    \3\ See Memorandum, ``Certain Steel Nails from Malaysia: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review; 2019-2020,'' dated November 22, 2021.
    \4\ Commerce continues to treat affiliates Region International 
Co. Ltd. and Region System Sdn. Bhd. (collectively, Region) as a 
collapsed single entity for the final results of this review. See 
Preliminary Results PDM at 5-6.
    \5\ See Memorandum, ``Decision Memorandum for the Final Results 
of the 2019-2020 Administrative Review of the Antidumping Duty Order 
on Certain Steel Nails from Malaysia,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and 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 Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Issues and Decision Memorandum at 2-4.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by 
interested parties in this review are discussed in the Issues and 
Decision Memorandum. The Issues and 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 Issues 
and Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the topics included in the 
Issues and Decision Memorandum is attached as an appendix to this 
notice.

Changes Since the Preliminary Results

    Based on the comments received from interested parties regarding 
our Preliminary Results, and for the reasons explained in the Issues 
and Decision memorandum, we made no changes to the margin calculation 
methodology used in the Preliminary Results; however, we have changed 
the margin for these final results of review, as discussed in the 
Issues and Decision Memorandum.

Rates for Non-Selected Respondents

    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

[[Page 5795]]

individually investigated, excluding any zero and de minimis margins, 
and any margins determined entirely {on the basis of facts 
available{time} .
    For these final results, we have calculated a weighted-average 
dumping margin for Region that is zero or de minimis, and we have not 
calculated any margins which are not zero, de minimis, or determined 
entirely on the basis of facts available. Accordingly, we have assigned 
to the companies not individually examined a margin of zero percent.

Final Results of the Administrative Review

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Region International Co., Ltd. and Region System Sdn. Bhd...        0.00
Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd\7\............        0.00
Tag Fasteners Sdn. Bhd......................................        0.00
------------------------------------------------------------------------

Disclosure of Calculations
---------------------------------------------------------------------------

    \7\ Commerce continues to treat Inmax Sdn. Bhd. and Inmax 
Industries Sdn. Bhd. as a collapsed single entity for the final 
results of this review. See Preliminary Results, 86 FR at 41814.
---------------------------------------------------------------------------

    Normally, Commerce discloses to the parties in a proceeding the 
calculations performed in connection with the final results of review 
in accordance with 19 CFR 351.224(b). However, because Commerce made no 
adjustments to the margin calculation methodology used in the 
Preliminary Results, there are no calculations to disclose for the 
final results of review.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, 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. Because we calculated a margin for Region which is zero or 
de minimis in the final results of this review, we intend to instruct 
CBP to liquidate the appropriate entries without regard to antidumping 
duties. For the companies identified above that were not selected for 
individual examination, we will instruct CBP to liquidate entries at 
the rates established in these final results of review.
    For entries of subject merchandise during the period of review 
produced by any of these companies for which it did not know its 
merchandise was destined for the United States, we will instruct CBP to 
liquidate such entries at the all-others rate if there is no rate for 
the intermediate company(ies) involved in the transaction.\8\
---------------------------------------------------------------------------

    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    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.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of these final 
results for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided by section 751(a)(2) 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 the review; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published 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 original investigation but the producer has been 
covered in a prior completed segment of this proceeding, then the cash 
deposit rate will be the rate established in the completed segment for 
the most recent period 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.\9\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \9\ See Certain Steel Nails from Malaysia: Amended Final 
Determination of Sales at Less Than Fair Value, 80 FR 34370 (June 
16, 2015).
---------------------------------------------------------------------------

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 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under 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 sanctionable violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221.

    Dated: January 26, 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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Application of Adverse Facts Available
    Comment 2: Clerical Error
    Comment 3: Correction to Draft Liquidation Instructions
VI. Recommendation

[FR Doc. 2022-02103 Filed 2-1-22; 8:45 am]
BILLING CODE 3510-DS-P