Certain Corrosion-Resistant Steel Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020-2021, 47966-47968 [2022-16821]
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47966
Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Notices
Third, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to EMTRASUR by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order.
In accordance with the provisions of
Sections 766.24(e) of the EAR,
EMTRASUR may, at any time, appeal
this Order by filing a full written
statement in support of the appeal with
the Office of the Administrative Law
Judge, U.S. Coast Guard ALJ Docketing
Center, 40 South Gay Street, Baltimore,
Maryland 21202–4022.
In accordance with the provisions of
Section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. A renewal
request may be opposed by EMTRASUR
as provided in Section 766.24(d), by
filing a written submission with the
Assistant Secretary of Commerce for
Export Enforcement, which must be
received not later than seven days
before the expiration date of the Order.
A copy of this Order shall be provided
to EMTRASUR and shall be published
in the Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
Dated: August 2, 2022.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2022–16851 Filed 8–4–22; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
shipments during the POR. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable August 5, 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 and (202) 482–1678,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty (AD) order 1 on
certain corrosion-resistant steel
products (CORE) from Taiwan,2
covering the following four exporters/
producers: Prosperity Tieh Enterprise,
Co., Ltd. (Prosperity); Sheng Yu Steel
Co., Ltd. (SYSCO); Synn; and Yieh Phui
Enterprise Co., Ltd. (YP). On March 29,
2022, we extended the preliminary
results of this review to no later than
July 29, 2022.3
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
included in the Preliminary Decision
Memorandum is included 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, the
complete Preliminary Decision
Memorandum can be accessed directly
[A–583–856]
Certain Corrosion-Resistant Steel
Products From Taiwan: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that producers/exporters
subject to this review made sales of
subject merchandise at less than normal
value during the period of review (POR)
July 1, 2020, through June 30, 2021. We
further preliminarily determine that
Synn Industrial Co., Ltd. (Synn) had no
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
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1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 86 FR 35065,
35066 (July 1, 2021); see also Certain CorrosionResistant 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, 81 FR 48390 (July
25, 2016) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034, 50042–43 (September 7, 2021).
3 See Memorandum, ‘‘Certain Corrosion-Resistant
Steel Products from Taiwan: Extension of Time
Limit for Preliminary Results of 2020–2021
Antidumping Duty Administrative Review,’’ dated
March 29, 2022.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2020–2021
Antidumping Duty Administrative Review: Certain
Corrosion-Resistant Steel Products from Taiwan,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
PO 00000
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at https://enforcement.trade.gov/frn/
index.html.
Scope of the Order
The products covered by the Order
are 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. For a full description
of the scope of the Order, see the
Preliminary Decision Memorandum.
Preliminary Determination of No
Shipments
On October 7, 2021, Synn submitted
a letter certifying that it had no exports
or sales of subject merchandise into the
United States during the POR.5
Currently, the record contains no
information which contradicts Synn’s
claim, and we will revisit this issue
following these preliminary results if we
receive additional information from U.S.
Customs and Border Protection (CBP).
Therefore, we preliminarily determine
that Synn did not have any reviewable
transactions during the POR. Consistent
with Commerce’s practice, we will not
rescind the review with respect to Synn,
but rather will complete the review and
issue instructions to CBP based on the
final results.6
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1) and
(2) of Tariff Act of 1930, as amended
(the Act). Export price and constructed
export price were calculated in
accordance with section 772 of the Act.
Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Rate for Non-Selected Company
For the rate for companies not
selected for individual examination in
an administrative review, generally,
Commerce looks to section 735(c)(5) of
5 See Synn’s Letter, ‘‘Corrosion-Resistant Steel
Products from Taiwan; No Shipment Certification,’’
dated October 7, 2021.
6 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,
51307 (August 28, 2014).
E:\FR\FM\05AUN1.SGM
05AUN1
Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Notices
the Act, which provides instructions for
calculating the all-others rate in a lessthan-fair-value (LTFV) investigation.
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}.’’ In this administrative
review, we calculated a weightedaverage dumping margin each for
Prosperity and YP that is not zero, de
minimis, or based on total facts
available. The weighted-average
dumping margin calculated for SYSCO,
the non-selected company, is an average
of the weighted-average dumping
margins of the two mandatory
respondents weighted by the publicly
ranged U.S. sales values of the
mandatory respondents.7
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis (i.e., 0.50 percent). Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
ADs. The assessment rate for ADs for
SYSCO, which was not selected for
individual examination, will be equal to
the weighted-average dumping margin
identified in the final results of review.
The final results of this review shall be
the basis for the assessment of ADs on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.9
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
Preliminary Results of Review
the POR produced by each respondent
Commerce preliminarily determines
for which they did not know their
the following weighted-average
merchandise was destined for the
dumping margins exist for the period
United States, or for entries associated
July 1, 2020, through June 30, 2021:
with Synn, which had no shipments
during the POR, we will instruct CBP to
Estimated liquidate entries not reviewed at the allweighted- others rate of 3.66 percent established in
average
Exporter/producer
the LTFV investigation 10 if there is no
dumping
rate for the intermediate company(ies)
margin
(percent)
involved in the transaction.11 We intend
to issue assessment instructions to CBP
Prosperity Tieh Enterprise Co.,
no earlier than 35 days after date of
Ltd ...........................................
6.46
Sheng Yu Steel Co., Ltd ............
5.83 publication of the final results of this
Yieh Phui Enterprise Co., Ltd .....
4.63 review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
Assessment Rates
assessment instructions will direct CBP
Upon issuance of the final results,
not to liquidate relevant entries until the
Commerce shall determine, and CBP
time for parties to file a request for a
shall assess, antidumping duties on all
statutory injunction has expired (i.e.,
appropriate entries covered by this
within 90 days of publication).
review. For any individually examined
Cash Deposit Requirements
respondents whose weighted-average
dumping margin is above de minimis
The following deposit requirements
(i.e., 0.50 percent), we will calculate
will be effective upon publication of the
importer-specific ad valorem AD
notice of final results of administrative
assessment rates based on the ratio of
review for all shipments of CORE from
the total amount of dumping calculated
for the importer’s examined sales to the
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
total entered value of those same sales
Assessment Rate in Certain Antidumping
in accordance with 19 CFR
Proceedings; Final Modification, 77 FR 8101
351.212(b)(1).8 We will instruct CBP to
(February 14, 2012).
9 See
lotter on DSK11XQN23PROD with NOTICES1
7 See
Memorandum, ‘‘Calculation of Non-Selected
Rate in Preliminary Results,’’ dated concurrently
with this notice; see also Ball Bearings and Parts
Thereof from France, Germany, Italy, Japan, and
the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of
Changed-Circumstances Review, and Revocation of
an Order in Part, 75 FR 53661, 53663 (September
1, 2010).
8 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
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17:20 Aug 04, 2022
Jkt 256001
section 751(a)(2)(C) of the Act.
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).
11 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
10 See
PO 00000
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Fmt 4703
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47967
Taiwan entered, or withdrawn from
warehouse, for consumption on or after
the date of publication, as provided by
section 751(a)(2) of the Act: (1) the cash
deposit rate for each company listed
above will be equal to the dumping
margins established in the final results
of this review except if the ultimate
rates are de minimis within the meaning
of 19 CFR 351.106(c)(1), in which case
the cash deposit rates will be zero; (2)
for merchandise exported by producers
or exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original LTFV
investigation but the producer is, the
cash deposit rate will be the rate
established for 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 3.66 percent, the all-others rate
established in the Amended Final
Determination.12 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Commerce will disclose to parties to
this proceeding the calculations
performed in reaching the preliminary
results within five days of the date of
publication of these preliminary
results.13
Case briefs may be submitted to the
Assistant Secretary for Enforcement and
Compliance. Interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice.14 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than seven days after the
date for filing case briefs 15 Parties who
submit case briefs or rebuttal briefs in
this proceeding are requested to submit
with the argument: (1) a statement of the
issue; (2) a summary of the argument;
and (3) a table of authorities.16 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS. Note that
12 See
Amended Final Determination.
19 CFR 351.224(b).
14 See 19 CFR 351.309(c)(1)(ii).
15 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
16 See 19 CFR 351.309(c)(2) and (d)(2).
13 See
E:\FR\FM\05AUN1.SGM
05AUN1
47968
Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Notices
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.17
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.18 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
is made, we will inform parties of the
scheduled date for the hearing at a time
and location to be determined.19 Parties
should confirm by telephone the date,
time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce will issue the final results of
this administrative review, including
the results of our analysis of the issues
raised by the parties in their case briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also 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
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
Dated: July 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
lotter on DSK11XQN23PROD with NOTICES1
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Temporary Rule.
19 CFR 351.310(c).
19 See 19 CFR 351.310.
18 See
VerDate Sep<11>2014
17:20 Aug 04, 2022
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International Trade Administration
351.221(c)(1)(i), Commerce initiated an
administrative review of the Order,
covering eight companies.2
On June 27, 2022, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.213(h)(2), Commerce extended the
due date for the preliminary results to
July 29, 2022.3 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.4
[A–533–824]
Scope of the Order
Polyethylene Terephthalate Film,
Sheet, and Strip From India:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2020–2021
The merchandise subject to the Order
is PET film. The PET film subject to the
Order is currently classifiable under
subheading 3920.62.00.90 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS number is provided for
convenience and for customs purposes,
the written product description, remains
dispositive. For a full description of the
scope of the Order, see the Preliminary
Decision Memorandum.5
[FR Doc. 2022–16821 Filed 8–4–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty order on
polyethylene terephthalate film, sheet,
and strip (PET film) from India. The
period of review (POR) is July 1, 2020,
through June 30, 2021. This review
covers two producers and exporters of
PET film from India, Jindal Poly Films
(Jindal) and SRF Limited (SRF). We
preliminarily determine that neither
company made sales of subject
merchandise below normal value (NV)
during the POR. We are also rescinding
the review with respect to six
companies because all requests for
review for these companies have been
withdrawn. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable August 5, 2022.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith and Jacob
Saude, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5255
and (202) 482–0981, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Appendix
17 See
Shipments
V. Rate for Respondent Not Selected for
Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
On July 1, 2002, Commerce published
the antidumping duty order on PET film
from India.1 On September 7, 2021,
based on timely requests for a review, in
accordance with 19 CFR
1 See Notice of Amended Final Antidumping Duty
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Polyethylene
Terephthalate Film, Sheet, and Strip from India, 67
FR 44175 (July 1, 2002) (Order).
PO 00000
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Partial Rescission of Administrative
Review
Commerce initiated a review of eight
companies in this proceeding. We are
rescinding this administrative review
with respect to six of these companies:
(1) Ester Industries Ltd.; (2) Garware
Polyester Ltd.; (3) MTZ Polyesters Ltd.;
(4) Polyplex Corporation; (5) Uflex Ltd.;
and (6) Vacmet India, pursuant to 19
CFR351.213(d)(1), because all review
requests for these companies were
timely withdrawn.6 Accordingly, the
companies that remain subject to the
instant review are Jindal and SRF.7
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034 (September 7, 2021) (Initiation Notice).
3 See Memorandum, ‘‘Polyethylene terephthalate
(PET) film, sheet, and strip from India: Second
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review (2020–
2021),’’ dated June 27, 2022.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review:
Polyethylene Terephthalate Film, Sheet, and Strip
from India; 2020–2021’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 Id.
6 Id. at ‘‘Partial Rescission of Administrative
Review.’’
7 In the Initiation Notice, we initiated a review
with respect to SRF Ltd., which is also known as
SRF Limited of India and SRF Limited. See
Polyethylene Terephthalate Film, Sheet, and Strip
from India: Preliminary Results of Antidumping
Duty Administrative Review and Partial Rescission
of Antidumping Duty Administrative Review; 2019–
2020 86 FR 41949 (August 4, 2021), at footnote 7,
unchanged in Polyethylene Terephthalate Film,
Sheet, and Strip from India: Final Results of
Antidumping Duty Administrative Review; 2019–
2020 87 FR 5461 (February 1, 2022).
E:\FR\FM\05AUN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 47966-47968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16821]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that producers/exporters subject to this review made sales
of subject merchandise at less than normal value during the period of
review (POR) July 1, 2020, through June 30, 2021. We further
preliminarily determine that Synn Industrial Co., Ltd. (Synn) had no
shipments during the POR. We invite interested parties to comment on
these preliminary results.
DATES: Applicable August 5, 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 and (202) 482-1678,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty (AD) order \1\ on certain corrosion-resistant steel products
(CORE) from Taiwan,\2\ covering the following four exporters/producers:
Prosperity Tieh Enterprise, Co., Ltd. (Prosperity); Sheng Yu Steel Co.,
Ltd. (SYSCO); Synn; and Yieh Phui Enterprise Co., Ltd. (YP). On March
29, 2022, we extended the preliminary results of this review to no
later than July 29, 2022.\3\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 35065, 35066 (July 1, 2021); see also 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, 81 FR 48390 (July 25, 2016) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034, 50042-43 (September 7, 2021).
\3\ See Memorandum, ``Certain Corrosion-Resistant Steel Products
from Taiwan: Extension of Time Limit for Preliminary Results of
2020-2021 Antidumping Duty Administrative Review,'' dated March 29,
2022.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics included in the Preliminary Decision Memorandum is
included 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, the complete
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 Antidumping Duty Administrative Review:
Certain Corrosion-Resistant Steel Products from Taiwan,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are 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. For a full description of the scope of the Order, see
the Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
On October 7, 2021, Synn submitted a letter certifying that it had
no exports or sales of subject merchandise into the United States
during the POR.\5\ Currently, the record contains no information which
contradicts Synn's claim, and we will revisit this issue following
these preliminary results if we receive additional information from
U.S. Customs and Border Protection (CBP). Therefore, we preliminarily
determine that Synn did not have any reviewable transactions during the
POR. Consistent with Commerce's practice, we will not rescind the
review with respect to Synn, but rather will complete the review and
issue instructions to CBP based on the final results.\6\
---------------------------------------------------------------------------
\5\ See Synn's Letter, ``Corrosion-Resistant Steel Products from
Taiwan; No Shipment Certification,'' dated October 7, 2021.
\6\ 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,
51307 (August 28, 2014).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1) and (2) of Tariff Act of 1930, as amended (the Act). Export
price and constructed export price were calculated in accordance with
section 772 of the Act. Normal value is calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Rate for Non-Selected Company
For the rate for companies not selected for individual examination
in an administrative review, generally, Commerce looks to section
735(c)(5) of
[[Page 47967]]
the Act, which provides instructions for calculating the all-others
rate in a less-than-fair-value (LTFV) investigation. 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
administrative review, we calculated a weighted-average dumping margin
each for Prosperity and YP that is not zero, de minimis, or based on
total facts available. The weighted-average dumping margin calculated
for SYSCO, the non-selected company, is an average of the weighted-
average dumping margins of the two mandatory respondents weighted by
the publicly ranged U.S. sales values of the mandatory respondents.\7\
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\7\ See Memorandum, ``Calculation of Non-Selected Rate in
Preliminary Results,'' dated concurrently with this notice; see also
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan,
and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
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Preliminary Results of Review
Commerce preliminarily determines the following weighted-average
dumping margins exist for the period July 1, 2020, through June 30,
2021:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd......................... 6.46
Sheng Yu Steel Co., Ltd..................................... 5.83
Yieh Phui Enterprise Co., Ltd............................... 4.63
------------------------------------------------------------------------
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. For any individually examined respondents whose
weighted-average dumping margin is above de minimis (i.e., 0.50
percent), we will calculate importer-specific ad valorem AD assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\8\ We will instruct CBP
to assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is above de minimis (i.e., 0.50 percent).
Where either the respondent's weighted-average dumping margin is zero
or de minimis, or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to ADs. The assessment rate for ADs for SYSCO, which was
not selected for individual examination, will be equal to the weighted-
average dumping margin identified in the final results of review. The
final results of this review shall be the basis for the assessment of
ADs on entries of merchandise covered by the final results of this
review and for future deposits of estimated duties, where
applicable.\9\
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\8\ In these preliminary 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 Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
\9\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which they did not know their merchandise was destined
for the United States, or for entries associated with Synn, which had
no shipments during the POR, we will instruct CBP to liquidate entries
not reviewed at the all-others rate of 3.66 percent established in the
LTFV investigation \10\ if there is no rate for the intermediate
company(ies) involved in the transaction.\11\ We intend to issue
assessment instructions to CBP no earlier than 35 days after 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).
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\10\ 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).
\11\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of CORE from Taiwan entered, or withdrawn from warehouse,
for consumption on or after the date of publication, as provided by
section 751(a)(2) of the Act: (1) the cash deposit rate for each
company listed above will be equal to the dumping margins established
in the final results of this review except if the ultimate rates are de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rates will be zero; (2) for merchandise exported by
producers or exporters not covered in this administrative review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which the producer or
exporter participated; (3) if the exporter is not a firm covered in
this review, a prior review, or the original LTFV investigation but the
producer is, the cash deposit rate will be the rate established for 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 3.66 percent, the all-others rate
established in the Amended Final Determination.\12\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\12\ See Amended Final Determination.
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Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\13\
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\13\ See 19 CFR 351.224(b).
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Case briefs may be submitted to the Assistant Secretary for
Enforcement and Compliance. Interested parties may submit case briefs
no later than 30 days after the date of publication of this notice.\14\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than seven days after the date for filing case briefs
\15\ Parties who submit case briefs or rebuttal briefs in this
proceeding are requested to submit with the argument: (1) a statement
of the issue; (2) a summary of the argument; and (3) a table of
authorities.\16\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS. Note that
[[Page 47968]]
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\17\
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\14\ See 19 CFR 351.309(c)(1)(ii).
\15\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ See Temporary Rule.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\18\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, we will inform
parties of the scheduled date for the hearing at a time and location to
be determined.\19\ Parties should confirm by telephone the date, time,
and location of the hearing.
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also 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
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: July 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Rate for Respondent Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022-16821 Filed 8-4-22; 8:45 am]
BILLING CODE 3510-DS-P
