Certain Steel Nails From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 47978-47980 [2022-16820]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 47978-47980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16820]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


Certain Steel Nails From Malaysia: Preliminary Results 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 finds 
that producers and/or exporters subject to this administrative review 
made sales of subject merchandise at less than normal value during the 
period of review July 1, 2020, through June 30, 2021. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable August 5, 2022.

FOR FURTHER INFORMATION CONTACT: Emily Bradshaw or John K. Drury, 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) 482-3896 or (202) 
482-0195, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2021, Commerce published the notice of initiation 
of the administrative review of the antidumping duty order on certain 
steel nails from Malaysia.\1\ On February 23, 2022, we extended the 
time limit for completion of these preliminary results to July 29, 
2022, in accordance with section 751(a)(3)(A) of the Tariff Act of 
1930, as amended (the Act).\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation 
Notice); see also 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 Memorandum, ``Certain Steel Nails from Malaysia: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2021,'' dated February 23, 2022.
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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 the 
Order, see the Preliminary Decision Memorandum.\3\
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    \3\ See Memorandum, ``Certain Steel Nails from Malaysia: 
Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2021,'' dated concurrently with, and 
hereby adopted by, this notice.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. For a full description of the methodology underlying 
these preliminary results, see the Preliminary Decision Memorandum. A 
list of the topics discussed in the Preliminary Decision Memorandum is 
included as Appendix I to this notice. The Preliminary Decision 
Memorandum is a public document and is made available to the public via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rate 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 individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this review, we preliminarily calculated weighted-average 
dumping margins for Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd. 
(Inmax) and Region International Co., Ltd. and Region System Sdn. Bhd. 
(Region) that are not zero, de minimis, or determined entirely on the 
basis of facts available. For Inmax, we do not have publicly ranged 
data and, therefore, are unable to calculate the weighted-average 
margin using the publicly-ranged data. Accordingly, Commerce is 
preliminarily assigning to the companies not individually examined, 
listed in Appendix II, a margin of 5.32 percent which is the simple 
average of the calculated weighted-average dumping margins for Inmax 
and Region.

[[Page 47979]]

Preliminary Determination of No Shipments

    On October 4, 2021, we received letters from Trinity Steel Private 
Limited (Trinity),\4\ Geekay Wires Limited (Geekay),\5\ and Astrotech 
Steels Private Limited (Astrotech),\6\ timely notifying Commerce that 
they had no exports, sales, or entries of subject merchandise during 
the POR. Commerce issued no shipment inquiries to U.S. Customs and 
Border Protection (CBP), and CBP found no evidence of shipments from 
any of these companies during the POR.\7\ Thus, based on record 
evidence, we preliminarily determine that Astrotech, Geekay, and 
Trinity had no shipments during the POR. Consistent with Commerce's 
practice, we find that it is not appropriate to rescind the review with 
respect to Astrotech, Geekay, and Trinity, but rather to complete the 
review and issue appropriate instructions to CBP based on the final 
results of this review.\8\
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    \4\ See Trinity's Letter, ``Certain Steel Nails--Malaysia, 
Notice of No sales during the Period of Review (POR),'' dated 
October 4, 2021.
    \5\ See Geekay's Letter, ``Certain Steel Nails--Malaysia, 
Request for No Shipment during the Period of Review (POR),'' dated 
October 4, 2021.
    \6\ See Astrotech's Letter, ``Certain Steel Nails from Malaysia, 
Request for No Shipment during the Period of Review (POR),'' dated 
October 4, 2021.
    \7\ See Memoranda, ``Certain Steel Nails from Malaysia; No 
Shipment Inquiry for Astrotech Steels Private Limited during the 
period 07/01/2020 through 06/30/2021,'' dated February 22, 2022; 
``Certain Steel Nails from Malaysia; No Shipment Inquiry for Geekay 
Wires Limited during the period 07/01/2020 through 06/30/2021,'' 
dated February 22, 2022; and ``Certain Steel Nails from Malaysia; No 
Shipment Inquiry for Trinity Steel Private Limited during the period 
07/01/2020 through 06/30/2021,'' dated February 22, 2022.
    \8\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 
(August 28, 2014); and Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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Preliminary Results of Review

    We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period July 1, 2020, through June 
30, 2021:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd...............        4.89
Region International Co., Ltd. and Region System Sdn. Bhd...        5.74
Non-Selected Respondents \9\................................        5.32
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Disclosure and Public Comment
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    \9\ See Appendix II for the list of non-selected respondents.
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    We intend to disclose the calculations performed to parties in this 
administrative review within five days after public announcement of the 
preliminary results, in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\10\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\11\ Parties who submit case briefs 
or rebuttal briefs in this administrative review 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.\12\
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    \10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'')
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \12\ See 19 CFR 351.303 (for general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing at a time and date to be 
determined. An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\13\
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    \13\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, no later than 120 days after the date of 
publication of this notice, unless extended, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuing the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries. If the weighted-average dumping margin for a 
mandatory respondent is not zero or de minimis in the final results of 
this review, we will calculate an importer-specific assessment rate on 
the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales and the total entered value of such 
sales in accordance with 19 CFR 351.212(b)(1).\14\ If the weighted-
average dumping margin is zero or de minimis in the final results of 
review, or if an importer-specific assessment rate is zero or de 
minimis, Commerce will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\15\ For entries of subject 
merchandise during the period of review produced by the respondents for 
which they did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries.\16\
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    \14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \15\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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). 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.

[[Page 47980]]

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the final results of this 
administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for companies subject to this review will be 
equal to the company-specific weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by a company not covered in this review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published in the 
completed segment for the most recent period; (3) if the exporter is 
not a firm covered in this review, a prior review, or the less-than-
fair-value investigation but the producer is, then the cash deposit 
rate will be the rate established in the most recently completed 
segment of the proceeding for the producer of the merchandise; and (4) 
the cash deposit rate for all other producers or exporters will 
continue to be 2.66 percent, the all-others rate established in the 
less-than-fair-value investigation.\17\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \17\ See Certain Steel Nails from Malaysia: Amended Final 
Determination of Sales at Less Than Fair Value, 80 FR 34370 (June 
16, 2015).
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and 
19 CFR 351.221(b)(4).

    Dated: July 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Selected Companies
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

Appendix II

List of Non-Selected Respondents

Airlift Trans Oceanic Pvt. Ltd.
Alsons Manufacturing India, LLP.
Astrotech Steels Pvt. Ltd.
Atlantic Marine Group Ltd.
Bluemoon Logistics Pvt. Ltd.
C.H. Robinson Worldwide Freight India Pvt., Ltd.
Chia Pao Metal Co., Ltd.
Chuan Heng Hardware Paints and Building Materials Sdn. Bhd.
Come Best (Thailand) Co., Ltd.
Dahnay Logistics Pvt., Ltd.
Gbo Fastening Systems AB.
Geekway Wires Limited.
Honour Lane Logistics Sdn., Bhd.
Honour Lane Shipping Ltd.
Impress Steel Wire Industries Sdn., Bhd.
Kerry-Apex (Thailand) Co., Ltd.
Kerry Indev Logistics Pvt., Ltd.
Kerry Logistics (M) Sdn., Bhd.
Kimmu Trading Sdn., Bhd.
Modern Factory for Steel Industries Co., Ltd.
Oman Fasteners LLC.
Orient Containers Sdn., Bhd.
Orient Express Container Co., Ltd.
RM Wire Industries Sdn. Bhd.
Royal Logistics.
SAR Transport Systems Pvt., Ltd.
Soon Shing Building Materials Sdn., Bhd.
Storeit Services LLP.
Tag Fasteners Sdn., Bhd.
Tag Staples Sdn., Bhd.
Tampin Sin Yong Wai Industry Sdn., Bhd.
Teamglobal Logistics Pvt., Ltd.
Top Remac Industries.
Trinity Steel Private Limited.
UD Industries Sdn., Bhd.
Vien Group Sdn., Bhd.
Watasan Industries Sdn., Bhd.
WWL India Private Ltd.

[FR Doc. 2022-16820 Filed 8-4-22; 8:45 am]
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