Certain Corrosion-Resistant Steel Products From Taiwan: Final Results of the Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020, 7106-7108 [2022-02640]
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7106
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
that have separate rates, the cash
deposit rate will continue to be the
existing exporter-specific rate published
for the most recent period; (3) for all
China exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be the rate previously established
for the China-wide entity, which is
154.07 percent; and (4) for all non-China
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the China exporter that
supplied that non-China exporter. The
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the
Reimbursement of Duties
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 POR.
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 (APO)
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, 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 terms of an APO is a violation
which is subject to sanction.
We are issuing these final results of
administrative review and publishing
this notice in accordance with sections
751(a)(1) and 777(i) of the Act.
khammond on DSKJM1Z7X2PROD with NOTICES
Dated: January 31, 2022.
Lisa W. Wang,
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 Issues
VerDate Sep<11>2014
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Comment 1: The Separate Rate
Comment 2: No Shipments for Deosen
Biochemical Ltd.
Comment 3: Ministerial Errors in the
Calculation of Fufeng’s Margin
Comment 4: Total Adverse Facts Available
(AFA) for Meihua
VI. Recommendation
[FR Doc. 2022–02557 Filed 2–7–22; 8:45 am]
BILLING CODE 3510–DS–P
Steel Corporation, California Steel
Industries, and Steel Dynamics, Inc.
(collectively, the petitioners), Yieh Phui,
and Prosperity.3 We received rebuttal
briefs from Yieh Phui and the
petitioners.4 On November 19, 2021, we
extended the deadline for the final
results of this review to February 2,
2022.5 A complete summary of the
events that occurred since publication
of the Preliminary Results is found in
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; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that producers/
exporters subject to this review made
sales of subject merchandise at less than
normal value (NV) during the period of
review (POR) July 1, 2019, through June
30, 2020. We further determine that
Synn Co., Ltd. (Synn) had no shipments
of subject merchandise during the POR.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT: Kate
Sliney or Matthew Palmer, 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) 482–2437 or (202) 482–1678,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 6, 2021, 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
Tieh Enterprise Co., Ltd. (Prosperity)
and Yieh Phui Enterprise Co., Ltd. (Yieh
Phui).2 We received case briefs from AK
1 See Certain Corrosion-Resistant Steel Products
from Taiwan: Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019–
2020, 86 FR 43185 (August 6, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 In the less-than-fair-value (LTFV) investigation
of the AD order, we collapsed Prosperity, Yieh
Phui, and Synn and treated them as a single entity.
See Certain Corrosion-Resistant Steel Products from
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
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 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). In the first administrative review, we
determined to no longer collapse Prosperity with
YP and Synn, but we continued to collapse YP and
Synn and treated 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). We selected the YP/Synn
entity as a single combined respondent and treated
it as such in the pre-preliminary phase of this
review. Subsequently, in the immediately preceding
administrative review of this case, we determined
that YP and Synn should no longer be collapsed.
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), unchanged in Certain
Corrosion-Resistant Steel Products from Taiwan:
Final Results of the Antidumping Duty
Administrative Review and Final Determination of
No Shipments; 2018–2019, 86 FR 28554 (May 27,
2021). As the instant record mirrors that of the
preceding review with respect to this issue, and we
have received no comments contesting the
determination not to collapse the YP/Synn entity,
we continue to determine that YP and Synn should
not be collapsed in this review.
3 See Petitioners’ Letter, ‘‘Certain CorrosionResistant Steel Products from Taiwan: Petitioners’
Case Brief’’ dated December 8, 2021 (Petitioners’
Case Brief); Yieh Phui’s Letter, ‘‘Corrosion-Resistant
Steel Products from Taiwan; Case Brief,’’ dated
December 8, 2021 (Yieh Phui’s Case Brief); and
Prosperity’s Letter, ‘‘Certain Corrosion-Resistant
Steel Products from Taiwan, Case No. A–583- 856:
Prosperity Tieh’s Case Brief,’’ dated December 8,
2021 (Prosperity’s Case Brief).
4 See Yieh Phui’s Letter, ‘‘Corrosion-Resistant
Steel Products from Taiwan; Rebuttal Brief,’’ dated
December 15, 2021; see also Petitioners’ Letter,
‘‘Certain Corrosion-Resistant Steel Products from
Taiwan: Petitioners’ Rebuttal Brief,’’ dated
December 15, 2021 (Petitioners’ Rebuttal Brief).
5 See Memorandum, ‘‘Certain Corrosion-Resistant
Steel Products from Taiwan: Extension of Time
Limit for the Final Results of Antidumping Duty
Administrative Review, 2019–2020,’’ dated
November 19, 2021.
E:\FR\FM\08FEN1.SGM
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Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
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).
Scope of the Order
The product covered by the Order is
flat-rolled steel products, either clad,
plated, or coated with corrosionresistant metals such as zinc, aluminum,
or zinc-, aluminum-, nickel- or ironbased alloys, whether or not corrugated
or painted, varnished, laminated, or
coated with plastics or other nonmetallic substances in addition to the
metallic coating. The subject
merchandise is currently classifiable
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings: 7210.30.0030,
7210.30.0060, 7210.41.0000,
7210.49.0030, 7210.49.0091,
7210.49.0095, 7210.61.0000,
7210.69.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090,
7210.90.6000, 7210.90.9000,
7212.20.0000, 7212.30.1030,
7212.30.1090, 7212.30.3000,
7212.30.5000, 7212.40.1000,
7212.40.5000, 7212.50.0000, and
7212.60.0000. The products subject to
the orders may also enter under the
following HTSUS item numbers:
7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000,
7217.20.1500, 7217.30.1530,
7217.30.1560, 7217.90.1000,
7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.91.0000,
7225.92.0000, 7225.99.0090,
7226.99.0110, 7226.99.0130,
7226.99.0180, 7228.60.6000,
7228.60.8000, and 7229.90.1000. The
HTSUS subheadings above are provided
for convenience and customs purposes
only. The written description of the
scope of the Order is dispositive.7
khammond on DSKJM1Z7X2PROD with NOTICES
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
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2019–
2020 Antidumping Duty Administrative Review:
Certain Corrosion-Resistant Steel Products from
Taiwan,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
7 For the full text of the scope of the Order, see
the Issues and Decision Memorandum.
8 See Issues and Decision Memorandum.
VerDate Sep<11>2014
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Jkt 256001
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://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and
analysis of the comments received from
interested parties, we made no changes
to the preliminary weighted-average
margin calculation for Prosperity, and
we made two changes to the preliminary
weighted-average margin calculation for
Yieh Phui. For detailed information, see
the Issues and Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, Commerce
preliminarily 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.
Rate for Respondent 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
9 See
PO 00000
Preliminary Results, 86 FR 43185–86.
Frm 00024
Fmt 4703
Sfmt 4703
7107
rates that are zero, de minimis, or based
entirely on FA.10 For these final results
of review, we calculated a weightedaverage dumping margin for both
mandatory respondents which is not
zero, de minimis, or determined entirely
on the basis of FA.11 Accordingly,
Commerce assigns to the company not
examined in this review (i.e., Sheng Yu
Steel Co., Ltd.) a dumping margin of
3.10 percent, which is the weighted
average of the dumping margins
calculated using the public ranged sales
data of Prosperity and Yieh Phui.
Final Results of the Administrative
Review
We determine that the following
weighted-average dumping margins
exist for the respondents for the period
July 1, 2019, through June 30, 2020:
Exporter/producer
Prosperity Tieh Enterprise Co.,
Ltd ...........................................
Sheng Yu Steel Co., Ltd ............
Yieh Phui Enterprise Co., Ltd .....
Weightedaverage
dumping
margin
(percent)
3.63
3.10
2.05
Disclosure
We intend to disclose to interested
parties the calculations and analysis
performed for these final results within
five days of the date of the publication
of this notice in the Federal Register in
accordance 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 will determine, and CBP
shall assess, antidumping duties on all
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.
11 In the case of two mandatory respondents, our
practice is to calculate: (A) A weighted average of
the dumping margins calculated for the mandatory
respondents; (B) a simple average of the dumping
margins calculated for the mandatory respondents;
and (C) a weighted average of the dumping margins
calculated for the mandatory respondents using
each company’s publicly ranged values for the
merchandise under consideration. We compare (B)
and (C) to (A) and select the rate closest to (A) as
the most appropriate rate for all other companies.
See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Final Results of
Antidumping Duty Administrative Review; 2014–
2016, 82 FR 31555, 31556 (July 7, 2017). We have
applied that practice here. See Memorandum,
‘‘2019–2020 Antidumping Duty Administrative
Review of Certain Corrosion-Resistant Steel
Products from Taiwan: Calculation of All-Others’
Rate in Final Results,’’ dated concurrently with this
notice.
E:\FR\FM\08FEN1.SGM
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Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
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 weightedaverage 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.12 For entries of
subject merchandise during the POR
produced by the mandatory respondents
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 allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.13
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 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
12 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).
13 See section 751(a)(2)(C) of the Act.
VerDate Sep<11>2014
16:16 Feb 07, 2022
Jkt 256001
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 companyspecific 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.
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).
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).
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
Dated: February 2, 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: Whether Yieh Phui’s Reported
Cost Information is Reliable and Whether
an Adverse Inference or Adjustment is
Appropriate
Comment 2: Whether To Modify the
Transfer Price Cost Adjustment for
Inputs Sourced From Yieh Phui’s
Affiliated Suppliers
Comment 3: Whether To Include Various
Income Items as Allowable Offsets in the
Calculation of Yieh Phui’s General and
Administrative Expense Ratio
Comment 4: Treatment of Section 232
Duties
VI. Recommendation
[FR Doc. 2022–02640 Filed 2–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–907, C–821–837]
Sodium Nitrite From India and the
Russian Federation: Initiation of
Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable February 2, 2022.
FOR FURTHER INFORMATION CONTACT:
Ariela Garvett at (202) 482–3609, Eva
Kim at (202) 482–8283, and Thomas
Martin at (202) 482–3936 (India), and
Melissa Kinter at (202) 482–1413 (the
Russian Federation (Russia)), AD/CVD
Operations, Offices IV and II,
respectively, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petitions
On January 13, 2022, the Department
of Commerce (Commerce) received
countervailing duty (CVD) petitions
concerning imports of sodium nitrite
from India and Russia, filed in proper
form on behalf of Chemtrade Chemicals
US, LLC (the petitioner), a domestic
producer of sodium nitrite.1 The
1 See Petitioner’s Letter, ‘‘Sodium Nitrite from
India and Russia: Antidumping and Countervailing
E:\FR\FM\08FEN1.SGM
08FEN1
]]>Agencies
[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7106-7108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02640]
-----------------------------------------------------------------------
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; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers/exporters subject to this review made sales of subject
merchandise at less than normal value (NV) during the period of review
(POR) July 1, 2019, through June 30, 2020. We further determine that
Synn Co., Ltd. (Synn) had no shipments of subject merchandise during
the POR.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT: Kate Sliney or Matthew Palmer, 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) 482-2437 or (202) 482-1678,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2021, 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 Tieh Enterprise Co., Ltd. (Prosperity) and Yieh
Phui Enterprise Co., Ltd. (Yieh Phui).\2\ We received case briefs from
AK Steel Corporation, California Steel Industries, and Steel Dynamics,
Inc. (collectively, the petitioners), Yieh Phui, and Prosperity.\3\ We
received rebuttal briefs from Yieh Phui and the petitioners.\4\ On
November 19, 2021, we extended the deadline for the final results of
this review to February 2, 2022.\5\ A complete summary of the events
that occurred since publication of the Preliminary Results is found in
[[Page 7107]]
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).
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from Taiwan:
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019-2020, 86 FR 43185
(August 6, 2021) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ In the less-than-fair-value (LTFV) investigation of the AD
order, we collapsed Prosperity, Yieh Phui, 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 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). In the first administrative review, we determined to no
longer collapse Prosperity with YP and Synn, but we continued to
collapse YP and Synn and treated 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). We selected the YP/Synn
entity as a single combined respondent and treated it as such in the
pre-preliminary phase of this review. Subsequently, in the
immediately preceding administrative review of this case, we
determined that YP and Synn should no longer be collapsed. 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), unchanged in Certain Corrosion-Resistant Steel Products from
Taiwan: Final Results of the Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2018-2019, 86 FR 28554 (May
27, 2021). As the instant record mirrors that of the preceding
review with respect to this issue, and we have received no comments
contesting the determination not to collapse the YP/Synn entity, we
continue to determine that YP and Synn should not be collapsed in
this review.
\3\ See Petitioners' Letter, ``Certain Corrosion-Resistant Steel
Products from Taiwan: Petitioners' Case Brief'' dated December 8,
2021 (Petitioners' Case Brief); Yieh Phui's Letter, ``Corrosion-
Resistant Steel Products from Taiwan; Case Brief,'' dated December
8, 2021 (Yieh Phui's Case Brief); and Prosperity's Letter, ``Certain
Corrosion-Resistant Steel Products from Taiwan, Case No. A-583- 856:
Prosperity Tieh's Case Brief,'' dated December 8, 2021 (Prosperity's
Case Brief).
\4\ See Yieh Phui's Letter, ``Corrosion-Resistant Steel Products
from Taiwan; Rebuttal Brief,'' dated December 15, 2021; see also
Petitioners' Letter, ``Certain Corrosion-Resistant Steel Products
from Taiwan: Petitioners' Rebuttal Brief,'' dated December 15, 2021
(Petitioners' Rebuttal Brief).
\5\ See Memorandum, ``Certain Corrosion-Resistant Steel Products
from Taiwan: Extension of Time Limit for the Final Results of
Antidumping Duty Administrative Review, 2019-2020,'' dated November
19, 2021.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 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 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.\7\
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\7\ For the full text of the scope of the Order, see the Issues
and Decision Memorandum.
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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://access.trade.gov/public/FRNoticesListLayout.aspx.
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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 analysis of the comments
received from interested parties, we made no changes to the preliminary
weighted-average margin calculation for Prosperity, and we made two
changes to the preliminary weighted-average margin calculation for Yieh
Phui. For detailed information, see the Issues and Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily 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, 86 FR 43185-86.
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Rate for Respondent 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 weighted-average dumping margin for both mandatory
respondents which is not zero, de minimis, or determined entirely on
the basis of FA.\11\ Accordingly, Commerce assigns to the company not
examined in this review (i.e., Sheng Yu Steel Co., Ltd.) a dumping
margin of 3.10 percent, which is the weighted average of the dumping
margins calculated using the public ranged sales data of Prosperity and
Yieh Phui.
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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.
\11\ In the case of two mandatory respondents, our practice is
to calculate: (A) A weighted average of the dumping margins
calculated for the mandatory respondents; (B) a simple average of
the dumping margins calculated for the mandatory respondents; and
(C) a weighted average of the dumping margins calculated for the
mandatory respondents using each company's publicly ranged values
for the merchandise under consideration. We compare (B) and (C) to
(A) and select the rate closest to (A) as the most appropriate rate
for all other companies. See Certain Crystalline Silicon
Photovoltaic Products from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2014-2016, 82 FR 31555, 31556 (July 7, 2017).
We have applied that practice here. See Memorandum, ``2019-2020
Antidumping Duty Administrative Review of Certain Corrosion-
Resistant Steel Products from Taiwan: Calculation of All-Others'
Rate in Final Results,'' dated concurrently with this notice.
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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, 2019, through June 30,
2020:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd......................... 3.63
Sheng Yu Steel Co., Ltd..................................... 3.10
Yieh Phui Enterprise Co., Ltd............................... 2.05
------------------------------------------------------------------------
Disclosure
We intend to disclose to interested parties the calculations and
analysis performed for these final results within five days of the date
of the publication of this notice in the Federal Register in accordance
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 will determine, and CBP shall assess,
antidumping duties on all
[[Page 7108]]
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.\12\ For
entries of subject merchandise during the POR produced by the mandatory
respondents 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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\12\ 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.\13\
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\13\ See section 751(a)(2)(C) of the Act.
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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 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: February 2, 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: Whether Yieh Phui's Reported Cost Information is
Reliable and Whether an Adverse Inference or Adjustment is
Appropriate
Comment 2: Whether To Modify the Transfer Price Cost Adjustment
for Inputs Sourced From Yieh Phui's Affiliated Suppliers
Comment 3: Whether To Include Various Income Items as Allowable
Offsets in the Calculation of Yieh Phui's General and Administrative
Expense Ratio
Comment 4: Treatment of Section 232 Duties
VI. Recommendation
[FR Doc. 2022-02640 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P
