Certain Steel Nails from Malaysia: Final Results of Antidumping Duty Administrative Review; 2020-2021, 8257-8259 [2023-02614]
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Federal Register / Vol. 88, No. 26 / Wednesday, February 8, 2023 / Notices
II. Chair’s Comments
III. Discuss Project Proposal
IV. Next Steps
V. Public Comment
VI. Adjournment
Dated: February 3, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–02683 Filed 2–7–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Background
Foreign-Trade Zones Board
[S–215–2022]
Approval of Expansion of Subzone
18G, Tesla, Inc., Oakland, California
On December 7, 2022, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the City of San Jose,
grantee of FTZ 18, requesting an
expansion of Subzone 18G subject to the
existing activation limit of FTZ 18, on
behalf of Tesla, Inc., in Oakland,
California.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (87 FR 76178, December 13,
2022). The FTZ staff examiner reviewed
the application and determined that it
meets the criteria for approval. Pursuant
to the authority delegated to the FTZ
Board Executive Secretary (15 CFR
400.36(f)), the application to expand
Subzone 18G was approved on February
2, 2023, subject to the FTZ Act and the
Board’s regulations, including Section
400.13, and further subject to FTZ 18’s
2,000-acre activation limit.
Dated: February 2, 2023.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2023–02625 Filed 2–7–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
lotter on DSK11XQN23PROD with NOTICES1
[A–557–816]
Certain Steel Nails from Malaysia: Final
Results of Antidumping Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain steel nails from Malaysia were
AGENCY:
VerDate Sep<11>2014
16:59 Feb 07, 2023
sold at less than normal value during
the period of review (POR), July 1, 2020,
through June 30, 2021.
DATES: Applicable February 8, 2023.
FOR FURTHER INFORMATION CONTACT: John
Drury or Emily Bradshaw, 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) 482–0195 and (202) 482–3956.
SUPPLEMENTARY INFORMATION:
Jkt 259001
On August 5, 2022, Commerce
published the Preliminary Results of the
2020–2021 administrative review of the
antidumping duty order on certain steel
nails from Malaysia.1 We invited
interested parties to comment on the
Preliminary Results.2 On November 21,
2022, we extended the deadline for
these final results until February 1,
2023.3 This review covers two
mandatory respondents: Region and
Inmax.4 The producers/exporters not
selected for individual examination are
referenced in the ‘‘Final Results of
Review’’ section below and listed in
Appendix II of this notice. For a
complete description of the events that
followed the Preliminary Results, see
the Issues and Decision Memorandum.5
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
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 Issues
and Decision Memorandum.6
1 See Certain Steel Nails from Malaysia:
Preliminary Results of Antidumping Duty
Administrative Review; 2020–2021, 87 FR 47978
(August 5, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Preliminary Results, 87 FR at 47978.
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review; 2020–2021,’’ dated November 21, 2022.
4 As in the last completed administrative review,
Commerce continues to treat Region International
Co. Ltd. and Region System Sdn. Bhd. (collectively,
Region) as a collapsed single entity, and to treat
Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd.
(collectively, Inmax) as a collapsed single entity in
this administrative review. See, e.g., Certain Steel
Nails from Malaysia: Final Results of Antidumping
Duty Administrative Review; 2019–2020, 87 FR
5794 (February 2, 2022).
5 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the 2020–2021 Administrative
Review of the Antidumping Duty Order on Certain
Steel Nails from Malaysia,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
6 Id. at 2–4.
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8257
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by interested parties
in this review are discussed in the
Issues and Decision Memorandum. A
list of the topics included in the Issues
and Decision Memorandum is attached
as Appendix I to this notice. The Issues
and Decision Memorandum is a public
document and is made available to the
public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be found at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that Astrotech Steels Private
Limited, Trinity Steel Private Limited,
and Geekay Wires Limited made no
shipments of the subject merchandise to
the United States during the POR. No
parties commented on this
determination. Therefore, for the final
results of review, we continue to find
that these companies made no
shipments of subject merchandise to the
United States during the POR.
Consistent with our practice, we will
issue appropriate instructions to U.S.
Customs and Border Protection (CBP)
based on our final results.
Changes Since the Preliminary Results
Based on the comments received from
interested parties regarding our
Preliminary Results, we made certain
changes to the margin calculation
methodology used in the Preliminary
Results and have changed the dumping
margin for these final results of review,
as discussed in the Issues and Decision
Memorandum.
Rates for Non-Selected Respondents
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
E:\FR\FM\08FEN1.SGM
08FEN1
8258
Federal Register / Vol. 88, No. 26 / Wednesday, February 8, 2023 / Notices
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, we preliminarily
calculated weighted-average dumping
margins for Inmax and Region that are
not zero, de minimis, or determined
entirely on the basis of facts available.7
For the final results, we continue to
calculate weighted-average dumping
margins for Inmax and Region that are
not zero, de minimis, or determined
entirely on the basis of facts available.
For Inmax, we do not have publiclyranged export data and, therefore, we
are unable to calculate the rate assigned
to companies not individually examined
based on a weighted-average of the two
mandatory respondents’ margins using
publicly-ranged export data.
Accordingly, Commerce continues to
assign to the companies not
individually examined, listed in
Appendix II, a margin of 1.26 percent
which is the simple average of the
calculated weighted-average dumping
margins for Inmax and Region.
Final Results of Review
We determine that the following
weighted-average dumping margins
exist for the period July 1, 2020, through
June 30, 2021:
Estimated
weightedaverage
dumping
margin
(percent)
Producer/exporter
Region International Co., Ltd./Region
System Sdn. Bhd .................................
Inmax Sdn. Bhd./Inmax Industries Sdn.
Bhd ......................................................
Non-Selected Respondents 8 ..................
1.21
1.30
1.26
lotter on DSK11XQN23PROD with NOTICES1
Disclosure of Calculations
Commerce intends to disclose the
calculations performed for these final
results within five days after the date of
the public announcement of these final
results, or if there is no public
announcement, within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
Commerce shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries.9 For any
7 See
Preliminary Results.
Appendix II for the list of non-selected
respondents.
9 In these final results, Commerce applied the
assessment rate calculation method adopted in
8 See
VerDate Sep<11>2014
16:59 Feb 07, 2023
Jkt 259001
individually examined respondents
whose weighted-average dumping
margin is above de minimis, we
calculated importer-specific ad valorem
duty 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). Upon issuance of the final
results of this administrative review, if
any importer-specific assessment rates
calculated in the final results are above
de minimis (i.e., at or above 0.5 percent),
Commerce will issue instructions
directly to CBP to assess antidumping
duties on appropriate entries.
To determine whether the duty
assessment rates covering the period
were de minimis, in accordance with
the requirement set forth in 19 CFR
351.106(c)(2), we calculated importer
(or customer)-specific ad valorem rates
by aggregating the amount of dumping
calculated for all U.S. sales to that
importer or customer and dividing this
amount by the total entered value of the
sales to that importer (or customer).
Where an importer (or customer)specific ad valorem rate is greater than
de minimis, and the respondent has
reported reliable entered values, we will
apply the assessment rate to the entered
value of the importer’s/customer’s
entries during the POR.
For the companies identified in
Appendix II that were not selected for
individual examination, we will instruct
CBP to liquidate entries at the rates
established in these final results of
review.
For entries of subject merchandise
during the POR produced by any of
these companies for which they did not
know their merchandise was destined
for the United States, we will instruct
CBP to liquidate such entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.10
Commerce intends to issue
appropriate assessment instructions
directly 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
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
10 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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Frm 00005
Fmt 4703
Sfmt 4703
for a statutory injunction has expired
(i.e., within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of these final results for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2) of the Act: (1) the cash deposit
rate for companies subject to this review
will be equal to the company-specific
weighted-average dumping margin
established in the final results of the
review; (2) for merchandise exported by
producers or exporters not covered in
this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review, a prior review,
or the original investigation but the
producer has been covered in a prior
completed segment of this proceeding,
then the cash deposit rate will be the
rate established in the completed
segment for the most recent period for
the producer of the merchandise; and
(4) the cash deposit rate for all other
producers or exporters will continue to
be 2.66 percent, the all-others rate
established in the less-than-fair-value
investigation.11 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
11 See Certain Steel Nails from Malaysia:
Amended Final Determination of Sales at Less
Than Fair Value, 80 FR 34370 (June 16, 2015).
E:\FR\FM\08FEN1.SGM
08FEN1
Federal Register / Vol. 88, No. 26 / Wednesday, February 8, 2023 / Notices
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.221.
Dated: February 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
A. Region-Specific Issues
Comment 1: Adverse Facts Available
(AFA) with Respect to Cost of Production
Comment 2: AFA with Respect to Labor
and Electricity Costs
Comment 3: Correction of the DifferenceIn-Merchandise Calculation
Comment 4: Quarterly Costs
Comment 5: Correction to Draft
Liquidation Instructions
B. Inmax-Specific Issues
Comment 6: Application of AFA With
Respect to Unreliable Cost Information
Comment 7: Interest Expense Ratio
Comment 8: Ministerial Error Allegations
VI. Recommendation
lotter on DSK11XQN23PROD with NOTICES1
Appendix II
List of Non-Selected Respondents
Airlift Trans Oceanic Pvt. Ltd.
Alsons Manufacturing India, LLP.
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.
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.
16:59 Feb 07, 2023
Jkt 259001
[FR Doc. 2023–02614 Filed 2–7–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Appendix I
VerDate Sep<11>2014
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.
UD Industries Sdn., Bhd.
Vien Group Sdn., Bhd.
Watasan Industries Sdn., Bhd.
WWL India Private Ltd.
Agency Information Collection
Activities, Submission for Office of
Management and Budget (OMB)
Review and Emergency Approval;
Comment Request; CHIPS Statement
of Interest Information Collection
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
emergency review and approval in
accordance with the Paperwork
Reduction Act of 1995, on or after the
date of publication of this notice. We
invite the general public and other
Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden.
Agency: National Institute of
Standards and Technology (NIST),
Commerce.
Title: CHIPS Statement of Interest
Information Collection.
OMB Control Number: 0693–XXXX.
Form Number(s): N/A.
Type of Request: Emergency
submission, New Information Collection
Request.
Number of Respondents: 350
respondents.
Average Hours per Response: 30
minutes.
Burden Hours: 175 hours.
Needs and Uses: The CHIPS
Incentives Program is authorized by
Title XCIX—Creating Helpful Incentives
to Produce Semiconductors for America
of the William M. (Mac) Thornberry
National Defense Authorization Act for
Fiscal Year 2021 (Pub. L. 116–283,
referred to as the CHIPS Act or Act), as
amended by the CHIPS Act of 2022
(Division A of Pub. L. 117–167). The
CHIPS Incentives Program is
administered by the CHIPS Program
Office (CPO) within the National
Institute of Standards and Technology
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Frm 00006
Fmt 4703
Sfmt 9990
8259
(NIST) of the United States Department
of Commerce (Department). Applicants
must submit a statement of interest via
a form available at https://
applications.chips.gov/ at least 30 days
before submission of a pre-application.
statement of interest with a brief
description of the proposed project. The
purpose of the statement of interest is to
gauge interest in the program and enable
CPO to plan for application review.
Information to be collected includes:
• Name of applicant organization and
contact information.
• Estimated date of submission of a
pre-application.
• Basic project information, which
will be elicited through multiple-choice
questions and specific fields in the
statement of interest form, including
nature of project and potential scope.
Affected Public: Businesses applying
for CHIPS Act funding.
Frequency: Once per application.
Respondent’s Obligation: Mandatory
to obtain benefits derived from the
CHIPS Act.
Legal Authority: CHIPS Act of 2022
(Division A of Pub. L. 117–167) (the
Act).
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 15 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. To ensure
consideration, comments regarding this
proposed information collection must
be received on or before February 23,
2023.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function and entering the title of the
collection.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2023–02697 Filed 2–7–23; 8:45 am]
BILLING CODE 3510–60–P
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Agencies
[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Notices]
[Pages 8257-8259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02614]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-816]
Certain Steel Nails from Malaysia: Final Results of Antidumping
Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain steel nails from Malaysia were sold at less than normal value
during the period of review (POR), July 1, 2020, through June 30, 2021.
DATES: Applicable February 8, 2023.
FOR FURTHER INFORMATION CONTACT: John Drury or Emily Bradshaw, 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) 482-0195 and (202) 482-3956.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2022, Commerce published the Preliminary Results of
the 2020-2021 administrative review of the antidumping duty order on
certain steel nails from Malaysia.\1\ We invited interested parties to
comment on the Preliminary Results.\2\ On November 21, 2022, we
extended the deadline for these final results until February 1,
2023.\3\ This review covers two mandatory respondents: Region and
Inmax.\4\ The producers/exporters not selected for individual
examination are referenced in the ``Final Results of Review'' section
below and listed in Appendix II of this notice. For a complete
description of the events that followed the Preliminary Results, see
the Issues and Decision Memorandum.\5\ Commerce conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from Malaysia: Preliminary Results
of Antidumping Duty Administrative Review; 2020-2021, 87 FR 47978
(August 5, 2022) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Preliminary Results, 87 FR at 47978.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2020-2021,'' dated November
21, 2022.
\4\ As in the last completed administrative review, Commerce
continues to treat Region International Co. Ltd. and Region System
Sdn. Bhd. (collectively, Region) as a collapsed single entity, and
to treat Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd.
(collectively, Inmax) as a collapsed single entity in this
administrative review. See, e.g., Certain Steel Nails from Malaysia:
Final Results of Antidumping Duty Administrative Review; 2019-2020,
87 FR 5794 (February 2, 2022).
\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2020-2021 Administrative Review of the Antidumping Duty Order
on Certain Steel Nails from Malaysia,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the scope of the order are certain steel
nails from Malaysia. For a complete description of the scope of the
order, see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ Id. at 2-4.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this review are discussed in the Issues and
Decision Memorandum. A list of the topics included in the Issues and
Decision Memorandum is attached as Appendix I to this notice. The
Issues and Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Astrotech
Steels Private Limited, Trinity Steel Private Limited, and Geekay Wires
Limited made no shipments of the subject merchandise to the United
States during the POR. No parties commented on this determination.
Therefore, for the final results of review, we continue to find that
these companies made no shipments of subject merchandise to the United
States during the POR. Consistent with our practice, we will issue
appropriate instructions to U.S. Customs and Border Protection (CBP)
based on our final results.
Changes Since the Preliminary Results
Based on the comments received from interested parties regarding
our Preliminary Results, we made certain changes to the margin
calculation methodology used in the Preliminary Results and have
changed the dumping margin for these final results of review, as
discussed in the Issues and Decision Memorandum.
Rates for Non-Selected Respondents
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted
[[Page 8258]]
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero and 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 and Region that are not zero, de minimis, or
determined entirely on the basis of facts available.\7\ For the final
results, we continue to calculate weighted-average dumping margins for
Inmax and Region that are not zero, de minimis, or determined entirely
on the basis of facts available. For Inmax, we do not have publicly-
ranged export data and, therefore, we are unable to calculate the rate
assigned to companies not individually examined based on a weighted-
average of the two mandatory respondents' margins using publicly-ranged
export data. Accordingly, Commerce continues to assign to the companies
not individually examined, listed in Appendix II, a margin of 1.26
percent which is the simple average of the calculated weighted-average
dumping margins for Inmax and Region.
---------------------------------------------------------------------------
\7\ See Preliminary Results.
---------------------------------------------------------------------------
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period July 1, 2020, through June 30, 2021:
------------------------------------------------------------------------
Estimated
weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Region International Co., Ltd./Region System Sdn. Bhd........ 1.21
Inmax Sdn. Bhd./Inmax Industries Sdn. Bhd.................... 1.30
Non-Selected Respondents \8\................................. 1.26
------------------------------------------------------------------------
Disclosure of Calculations
---------------------------------------------------------------------------
\8\ See Appendix II for the list of non-selected respondents.
---------------------------------------------------------------------------
Commerce intends to disclose the calculations performed for these
final results within five days after the date of the public
announcement of these final results, or if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Commerce shall determine, and CBP shall assess, antidumping duties
on all appropriate entries.\9\ For any individually examined
respondents whose weighted-average dumping margin is above de minimis,
we calculated importer-specific ad valorem duty 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). Upon issuance of the
final results of this administrative review, if any importer-specific
assessment rates calculated in the final results are above de minimis
(i.e., at or above 0.5 percent), Commerce will issue instructions
directly to CBP to assess antidumping duties on appropriate entries.
---------------------------------------------------------------------------
\9\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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To determine whether the duty assessment rates covering the period
were de minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), we calculated importer (or customer)-specific ad valorem
rates by aggregating the amount of dumping calculated for all U.S.
sales to that importer or customer and dividing this amount by the
total entered value of the sales to that importer (or customer). Where
an importer (or customer)-specific ad valorem rate is greater than de
minimis, and the respondent has reported reliable entered values, we
will apply the assessment rate to the entered value of the importer's/
customer's entries during the POR.
For the companies identified in Appendix II that were not selected
for individual examination, we will instruct CBP to liquidate entries
at the rates established in these final results of review.
For entries of subject merchandise during the POR produced by any
of these companies for which they did not know their merchandise was
destined for the United States, we will instruct CBP to liquidate such
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\10\
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\10\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue appropriate assessment instructions
directly to CBP no earlier than 35 days after the date of publication
of the final results of this review in the Federal Register. If a
timely summons is filed at the U.S. Court of International Trade, the
assessment instructions will direct CBP not to liquidate relevant
entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of these final
results for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the publication
date, as provided by section 751(a)(2) of the Act: (1) the cash deposit
rate for companies subject to this review will be equal to the company-
specific weighted-average dumping margin established in the final
results of the review; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation but the producer has been
covered in a prior completed segment of this proceeding, then the cash
deposit rate will be the rate established in the completed segment for
the most recent period for the producer of the merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 2.66 percent, the all-others rate established in the less-than-fair-
value investigation.\11\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\11\ 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 Regarding the Reimbursement of Duties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business
[[Page 8259]]
proprietary information in this segment of the proceeding. Timely
written notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221.
Dated: February 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
A. Region-Specific Issues
Comment 1: Adverse Facts Available (AFA) with Respect to Cost of
Production
Comment 2: AFA with Respect to Labor and Electricity Costs
Comment 3: Correction of the Difference-In-Merchandise
Calculation
Comment 4: Quarterly Costs
Comment 5: Correction to Draft Liquidation Instructions
B. Inmax-Specific Issues
Comment 6: Application of AFA With Respect to Unreliable Cost
Information
Comment 7: Interest Expense Ratio
Comment 8: Ministerial Error Allegations
VI. Recommendation
Appendix II
List of Non-Selected Respondents
Airlift Trans Oceanic Pvt. Ltd.
Alsons Manufacturing India, LLP.
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.
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.
UD Industries Sdn., Bhd.
Vien Group Sdn., Bhd.
Watasan Industries Sdn., Bhd.
WWL India Private Ltd.
[FR Doc. 2023-02614 Filed 2-7-23; 8:45 am]
BILLING CODE 3510-DS-P