Certain Steel Nails From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2020-2021, 47704-47706 [2022-16643]
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices
HTSUS subheadings 7317.00.5501,
7317.00.5502, 7317.00.5503, 7317.00.5505,
7317.00.5507, 7317.00.5508, 7317.00.5511,
7317.00.5518, 7317.00.5519, 7317.00.5520,
7317.00.5530, 7317.00.5540, 7317.00.5550,
7317.00.5560, 7317.00.5570, 7317.00.5580,
7317.00.5590, 7317.00.6530, 7317.00.6560,
and 7317.00.7500. Certain steel nails subject
to this investigation also may be classified
under HTSUS subheadings 7318.15.5090,
7907.00.6000, 8206.00.0000, or other HTSUS
subheadings. While the HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
VII.
[FR Doc. 2022–16722 Filed 8–3–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–874]
Certain Steel Nails From the Republic
of Korea: Preliminary Results of
Antidumping Duty Administrative
Review and Partial Rescission of
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Daejin Steel Company
(Daejin) and Korea Wire Co., Ltd.
(KOWIRE), the producers and/or
exporters subject to this administrative
review, made sales of certain steel nails
(steel nails) from the Republic of Korea
(Korea) at less than normal value (NV)
during the period of review (POR) July
1, 2020, through June 30, 2021.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT: Eva
Kim and Reginald Anadio, 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 or (202) 482–3166,
respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On July 13, 2015, Commerce
published the Order in the Federal
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Register.1 On July 1, 2021, we published
a notice of opportunity to request an
administrative review of the Order.2 On
September 7, 2021, based on timely
requests for review, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act), we initiated an
administrative review of the Order on
steel nails from Korea covering the
following individually-examined
companies: Daejin and KOWIRE.3 On
March 11, 2022, pursuant to section
751(a)(3)(A) of the Act, Commerce
extended the preliminary results of this
review to no later than July 29, 2022.4
For a complete description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.5
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of the notice of
initiation of the requested review. On
July 29, 2021, Mid Continent Steel &
Wire, Inc. (the petitioner) requested an
administrative review of 213 producers
and/or exporters, including Daejin and
KOWIRE. On September 21, 2021, the
petitioner timely withdrew its request
for 209 of the 213 companies.6
Because all requests for
administrative review of the 209
companies were timely withdrawn, and
no other parties requested review of
these companies, Commerce is
rescinding this review, in part, with
respect to these 209 companies. On
October 5, 2021, based on U.S. Customs
and Border Protection (CBP) data, we
selected Daejin and KOWIRE as the
1 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).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 86 FR 35065
(July 1, 2021).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034 (September 7, 2021).
4 See Memorandum, ‘‘Certain Steel Nails from the
Republic of Korea: Extension of Deadline for
Preliminary Results of the 2020–2021 Antidumping
Duty Administrative Review,’’ dated March 11,
2022.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Certain
Steel Nails from the Republic of Korea; 2020–2021,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
6 See Petitioner’s Letter, ‘‘Certain Steel Nails from
Korea—Withdrawal of Review Request,’’ dated
September 21, 2021.
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mandatory respondents in this
administrative review.7 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.
Scope of the Order
The merchandise subject to the Order
is steel nails from Korea. For a complete
description of the scope of the Order,
see Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Act. Export price is
calculated in accordance with section
772 of the Act. NV is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as
the appendix to this notice. The
Preliminary 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 Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx/.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margin exists for the period July 1, 2020,
through June 30, 2021:
Producer/exporter
Daejin Steel Company ................
Korea Wire Co., Ltd ....................
Je-il Wire Production Co., Ltd ....
Koram Inc ...................................
Weightedaverage
dumping
margin
(percent)
4.38
0.75
2.57
2.57
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.8
Interested parties may submit case briefs
to Commerce no later than 30 days after
7 See Memorandum, ‘‘2020–2021 Administrative
Review of the Antidumping Duty Order on Certain
Steel Nails from the Republic of Korea: Respondent
Selection,’’ dated October 5, 2021.
8 See 19 CFR 351.224(b).
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices
the date of publication of this notice.9
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the deadline for
filing case briefs.10 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.11 Case and rebuttal briefs
should be filed using ACCESS.12
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 within 30 days after the date of
publication of this notice.13 Hearing
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. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing.14 An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of these preliminary results,
unless otherwise extended.15
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.16 For the companies for which
we have rescinded this review,
Commerce intends to instruct CBP to
assess antidumping duties on all
appropriate entries at a rate equal to the
cash deposit rate of estimated
antidumping duties required at the time
of entry, or withdrawn from warehouse,
for consumption, during the POR, in
accordance with 19 CFR
351.212(c)(1)(i).
Pursuant to 19 CFR 351.212(b)(1), we
calculated importer-specific ad valorem
9 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See 19 CFR 351.303.
13 See 19 CFR 351.310(c).
14 See 19 CFR 351.310(d).
15 See section 751(a)(3)(A) of the Act; see also 19
CFR 351.213(h).
16 See 19 CFR 351.212(b)(1).
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10 See
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duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. 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
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. 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.17
For the companies (i.e., Je-il Wire
Production Co., Ltd and Koram Inc.)
that were not selected for individual
examination, we will instruct CBP to
assess antidumping duties at an ad
valorem rate equal to the companies’
weighted-average dumping margins
determined in the final results of this
review.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by companies included in these
preliminary results of review for which
the reviewed companies did not know
that the merchandise it sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such 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.18
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 deposit requirements
will be effective for all shipments of the
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
17 See
section 751(a)(2)(C) of the Act.
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
18 For
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47705
cash deposit rate for the companies
listed above will be equal to the
weighted-average dumping margin
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
companies not covered in this review,
the cash deposit rate will continue to be
the company-specific cash deposit rate
published for the most recently
completed segment in which the
company was reviewed; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
less-than-fair-value (LTFV)
investigation, but the producer is, then
the cash deposit rate will be the cash
deposit rate established for the most
recently completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 11.80 percent, the
all-others rate established in the LTFV
investigation.19 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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 doubled
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing
these preliminary results in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.221(b)(4) and
351.213(d)(4).
Dated: July 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
19 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).
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices
III. Scope of the Order
IV. Rescission of Review, In Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act),
Commerce published the initiation of
the fourth sunset reviews of the Orders
and the ITC instituted its review of the
[FR Doc. 2022–16643 Filed 8–3–22; 8:45 am]
Orders.3 As a result of its reviews,
BILLING CODE 3510–DS–P
Commerce determined that that
revocation of the AD Orders would
likely lead to a continuation or
DEPARTMENT OF COMMERCE
recurrence of dumping and that
revocation of the CVD Order would
International Trade Administration
likely lead to the continuation or
[A–423–808, A–791–805, A–583–830, C–791– recurrence of countervailable subsidies.
Commerce, therefore, notified the ITC of
806]
the magnitude of the margins and net
Stainless Steel Plate in Coils From
countervailable subsidy rates likely to
Belgium, South Africa, and Taiwan:
prevail should the Orders be revoked.4
Continuation of Antidumping Duty
On July 25, 2022, the ITC published
Orders and Countervailing Duty Order
its determination, pursuant to section
751(c) of the Act, that revocation of the
AGENCY: Enforcement and Compliance,
Orders would likely lead to a
International Trade Administration,
continuation or recurrence of material
Department of Commerce.
injury to an industry in the United
SUMMARY: As a result of the
States within a reasonably foreseeable
determinations by the U.S. Department
time.5
of Commerce (Commerce) and the U.S.
Scope of the Orders
International Trade Commission (ITC)
The product covered by these Orders
that revocation of the antidumping duty
is certain stainless steel plate in coils.
(AD) orders on stainless steel plate in
Stainless steel is alloy steel containing,
coils (SSPC) from Belgium, South
by weight, 1.2 percent or less of carbon
Africa, and Taiwan, and the
and 10.5 percent or more of chromium,
countervailing duty (CVD) order on
with or without other elements. The
SSPC from South Africa would likely
subject plate products are flat-rolled
lead to a continuation or recurrence of
dumping, net countervailable subsidies, products, 254 mm or over in width and
and material injury to an industry in the 4.75 mm or more in thickness, in coils,
and annealed or otherwise heat treated
United States, Commerce is publishing
and pickled or otherwise descaled. The
a notice of continuation of the AD
subject plate may also be further
orders and the CVD order.
processed (e.g., cold-rolled, polished,
DATES: Applicable August 4, 2022.
etc.) provided that it maintains the
FOR FURTHER INFORMATION CONTACT:
specified dimensions of plate following
George McMahon or Carolyn Adie, AD/
CVD Operations, Office VI, Enforcement Stainless Steel Plate in Coils from Belgium, Canada,
and Compliance, International Trade
Italy, the Republic of Korea, South Africa, and
Taiwan, 68 FR 11520 (March 11, 2003), corrected
Administration, U.S. Department of
by Notice of Amended Antidumping Duty Orders;
Commerce, 1401 Constitution Avenue
Stainless Steel Plate in Coils from Belgium,
NW, Washington, DC 20230; telephone: Certain
Canada, Italy, the Republic of Korea, South Africa,
(202) 482–1167 or (202) 482–6250,
and Taiwan, 68 FR 16117 (April 2, 2003), corrected
by Notice of Correction to the Amended
respectively.
SUPPLEMENTARY INFORMATION:
Background
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On May 11, 1999, Commerce
published the CVD Order on SSPC from
South Africa.1 On May 21, 1999,
Commerce published the AD Orders on
SSPC from Belgium, South Africa, and
Taiwan.2 On December 1, 2021,
1 See Notice of Amended Final Determinations:
Stainless Steel Plate in Coils from Belgium and
South Africa; and Notice of Countervailing Duty
Orders: Stainless Steel Plate in Coils from Belgium,
Italy and South Africa, 64 FR 25288 (May 11, 1999)
(CVD Order).
2 See Antidumping Duty Orders; Certain Stainless
Steel Plate in Coils from Belgium, Canada, Italy, the
Republic of Korea, South Africa, and Taiwan, 64 FR
27756 (May 21, 1999), amended by Notice of
Amended Antidumping Duty Orders; Certain
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Antidumping Duty Orders; Certain Stainless Steel
Plate in Coils from Belgium, Canada, Italy, the
Republic of Korea, South Africa, and Taiwan, 68 FR
20114 (April 24, 2003) (AD Orders; collectively
with the CVD Order, the Orders).
3 See Initiation of Five-Year (Sunset) Reviews, 86
FR 68220 (December 1, 2021); and Stainless Steel
Plate from Belgium, South Africa, and Taiwan;
Institution of Five-Year Reviews, 86 FR 68278
(December 1, 2021).
4 See Stainless Steel Plate in Coils from Belgium,
South Africa, and Taiwan: Final Results of the
Expedited Fourth Sunset Reviews of the
Antidumping Duty Orders, 87 FR 19485 (April 4,
2022), and accompanying Issues and Decision
Memorandum (IDM); see also Stainless Steel Plate
in Coils from South Africa: Final Results of the
Expedited Fourth Five-Year Sunset Review of the
Countervailing Duty Order; 87 FR 16457 (March 23,
2022), and accompanying IDM.
5 See Stainless Steel Plate in Coils from Belgium,
South Africa, and Taiwan (Fourth Review), 87 FR
44150 (July 25, 2022); (Investigation Nos. 701–TA–
379 and 731–TA–788, 792, and 793).
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such processing. Excluded from the
scope of these Orders are the following:
(1) plate not in coils, (2) plate that is not
annealed or otherwise heat treated and
pickled or otherwise descaled, (3) sheet
and strip, and (4) flat bars. The
merchandise subject to these Orders is
currently classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) at subheadings: 7219.11.00.30,
7219.11.00.60, 7219.12.00.02,
7219.12.00.05, 7219.12.00.06,
7219.12.00.20, 7219.12.00.21,
7219.12.00.25, 7219.12.00.26,
7219.12.00.50, 7219.12.00.51,
7219.12.00.55, 7219.12.00.56,
7219.12.00.65, 7219.12.00.66,
7219.12.00.70, 7219.12.00.71,
7219.12.00.80, 7219.12.00.81,
7219.31.00.10, 7219.90.00.10,
7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80,
7220.11.00.00, 7220.20.10.10,
7220.20.10.15, 7220.20.10.60,
7220.20.10.80, 7220.20.60.05,
7220.20.60.10, 7220.20.60.15,
7220.20.60.60, 7220.20.60.80,
7220.90.00.10, 7220.90.00.15, and
7220.90.00.60.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to these Orders is
dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the
continuation of the Orders on SSPC
from Belgium, South Africa, and
Taiwan. U.S. Customs and Border
Protection will continue to collect AD
and CVD cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise.
The effective date of the continuation
of the Orders will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year
(sunset) reviews of the Orders not later
than 30 days prior to the fifth
anniversary of the effective date of
continuation.
Administrative Protective Order (APO)
This notice also serves as the only
reminder to parties subject to APO of
their responsibility concerning the
return, destruction, or conversion to
judicial protective order of proprietary
information disclosed under APO in
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]]>Agencies
[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47704-47706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16643]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-874]
Certain Steel Nails From the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review and Partial
Rescission of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Daejin Steel Company (Daejin) and Korea Wire Co., Ltd.
(KOWIRE), the producers and/or exporters subject to this administrative
review, made sales of certain steel nails (steel nails) from the
Republic of Korea (Korea) at less than normal value (NV) during the
period of review (POR) July 1, 2020, through June 30, 2021.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT: Eva Kim and Reginald Anadio, 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 or (202) 482-3166,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 13, 2015, Commerce published the Order in the Federal
Register.\1\ On July 1, 2021, we published a notice of opportunity to
request an administrative review of the Order.\2\ On September 7, 2021,
based on timely requests for review, in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act), we initiated an
administrative review of the Order on steel nails from Korea covering
the following individually-examined companies: Daejin and KOWIRE.\3\ On
March 11, 2022, pursuant to section 751(a)(3)(A) of the Act, Commerce
extended the preliminary results of this review to no later than July
29, 2022.\4\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 86 FR 35065 (July 1, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021).
\4\ See Memorandum, ``Certain Steel Nails from the Republic of
Korea: Extension of Deadline for Preliminary Results of the 2020-
2021 Antidumping Duty Administrative Review,'' dated March 11, 2022.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Steel Nails from the Republic of Korea; 2020-2021,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. On
July 29, 2021, Mid Continent Steel & Wire, Inc. (the petitioner)
requested an administrative review of 213 producers and/or exporters,
including Daejin and KOWIRE. On September 21, 2021, the petitioner
timely withdrew its request for 209 of the 213 companies.\6\
---------------------------------------------------------------------------
\6\ See Petitioner's Letter, ``Certain Steel Nails from Korea--
Withdrawal of Review Request,'' dated September 21, 2021.
---------------------------------------------------------------------------
Because all requests for administrative review of the 209 companies
were timely withdrawn, and no other parties requested review of these
companies, Commerce is rescinding this review, in part, with respect to
these 209 companies. On October 5, 2021, based on U.S. Customs and
Border Protection (CBP) data, we selected Daejin and KOWIRE as the
mandatory respondents in this administrative review.\7\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Memorandum, ``2020-2021 Administrative Review of the
Antidumping Duty Order on Certain Steel Nails from the Republic of
Korea: Respondent Selection,'' dated October 5, 2021.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is steel nails from Korea. For
a complete description of the scope of the Order, see Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Export price is calculated in
accordance with section 772 of the Act. NV is calculated in accordance
with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as the appendix to this notice. The Preliminary 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
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx/.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period July 1,
2020, through June 30, 2021:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Daejin Steel Company........................................ 4.38
Korea Wire Co., Ltd......................................... 0.75
Je-il Wire Production Co., Ltd.............................. 2.57
Koram Inc................................................... 2.57
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\8\ Interested
parties may submit case briefs to Commerce no later than 30 days after
[[Page 47705]]
the date of publication of this notice.\9\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the deadline for filing case briefs.\10\ 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.\11\ Case and rebuttal
briefs should be filed using ACCESS.\12\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See 19 CFR 351.303.
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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 within 30 days after the date of publication of this notice.\13\
Hearing 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. Oral presentations at the hearing will be
limited to issues raised in the briefs. If a request for a hearing is
made, parties will be notified of the time and date for the
hearing.\14\ An electronically-filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of these preliminary results, unless otherwise extended.\15\
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\15\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\16\ For the companies for which we have rescinded this
review, Commerce intends to instruct CBP to assess antidumping duties
on all appropriate entries at a rate equal to the cash deposit rate of
estimated antidumping duties required at the time of entry, or
withdrawn from warehouse, for consumption, during the POR, in
accordance with 19 CFR 351.212(c)(1)(i).
---------------------------------------------------------------------------
\16\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
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 the sales for which entered value was reported. 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
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. 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.\17\
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\17\ See section 751(a)(2)(C) of the Act.
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For the companies (i.e., Je-il Wire Production Co., Ltd and Koram
Inc.) that were not selected for individual examination, we will
instruct CBP to assess antidumping duties at an ad valorem rate equal
to the companies' weighted-average dumping margins determined in the
final results of this review.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by companies included in
these preliminary results of review for which the reviewed companies
did not know that the merchandise it sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such 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.\18\
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\18\ For a full discussion of this practice, 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).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the 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 margin
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for previously reviewed or investigated companies not covered in
this review, the cash deposit rate will continue to be the company-
specific cash deposit rate published for the most recently completed
segment in which the company was reviewed; (3) if the exporter is not a
firm covered in this review, a prior review, or the original less-than-
fair-value (LTFV) investigation, but the producer is, then the cash
deposit rate will be the cash deposit rate established for the most
recently completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 11.80 percent, the all-others rate
established in the LTFV investigation.\19\ These deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\19\ 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).
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4) and 351.213(d)(4).
Dated: July 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
[[Page 47706]]
III. Scope of the Order
IV. Rescission of Review, In Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-16643 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-DS-P
