Certain Steel Nails From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021, 9863-9865 [2023-03156]
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Federal Register / Vol. 88, No. 31 / Wednesday, February 15, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES
estimated ad valorem importer-specific
assessment rate to determine whether
the per-unit assessment rate is de
minimis (i.e., 0.50 percent); however,
Commerce will use the per-unit
assessment rate where entered values
were not reported.8 Where an importerspecific ad valorem assessment rate is
not zero or de minimis, Commerce will
instruct CBP to collect the appropriate
duties at the time of liquidation. Where
either the respondent’s weighted
average dumping margin is zero or de
minimis, or an importer-specific ad
valorem assessment rate is zero or deminimis, Commerce will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.
For entries that were not reported in
the U.S. sales database submitted by an
exporter individually examined during
this review, but that entered under the
case number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), Commerce will instruct
CBP to liquidate such entries at the
China-wide entity rate (i.e., 154.07
percent).9
For respondents not individually
examined in this administrative review
that qualified for a separate rate (i.e.,
Meihua, Jianlong, and Deosen), the
assessment rate will be the dumping
margin assigned to the sole mandatory
respondent (i.e., Fufeng) in the final
results of this review.
For the respondents not eligible for a
separate rate and that are part of the
China-wide entity, we intend to instruct
CBP to apply an ad valorem assessment
rate of 154.07 percent (i.e., the Chinawide entity rate) to all entries of subject
merchandise during the POR that were
exported by these companies.
Additionally, if Commerce determines
that an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number will
be liquidated at the China-wide rate.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
review, as provided for by section
751(a)(2)(C) of the Act: (1) for the
exporters listed in the table above, the
cash deposit rate will be the rate
established in the final results of review
that is listed for the exporter in the
table; (2) for previously investigated or
reviewed China and non-China
8 Id.
9 See
Order.
VerDate Sep<11>2014
21:16 Feb 14, 2023
Jkt 259001
exporters not listed in the table above
that have separate rates, the cash
deposit rate will continue to be the
existing exporter-specific rate published
for the most recent period; (3) for all
China exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be the rate previously established
for the China-wide entity, which is
154.07 percent; and (4) for all non-China
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the China exporter that
supplied that non-China exporter. The
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing these final results of
administrative review and publishing
this notice in accordance with sections
751(a)(1) and 777(i) of the Act.
9863
Production (FOP) in Its Normal Value
(NV) Calculation
Comment 2: Whether Commerce Should
Assign Facts Available for Fufeng’s
Supplier Distances
Comment 3: Whether Commerce Should
Allow and Assign a Cap for Certain ByProducts
Comment 4: Whether Commerce Should
Correct Certain Clerical Errors in the
Preliminary Results
Comment 5: Whether Commerce Should
Modify its Calculation of Ocean Freight
Surrogate Value (SV)
Comment 6: Whether Commerce Should
Use Rani Transport Data Instead of
World Bank’s Doing Business Data for
Calculating Truck Freight SV
Comment 7: Whether Commerce Should
Not Deduct Section 301 Duties From the
U.S. Price
Comment 8: Whether Commerce’s
Application of the Cohen’s d Test is
Unsupported by Substantial Evidence
and Controlling Law
Comment 9: Whether Commerce Should
Analyze Meihua’s Voluntary Response
and Provide a Calculation for Meihua
V. Recommendation
[FR Doc. 2023–03157 Filed 2–14–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–874]
Certain Steel Nails From the Republic
of Korea: Final Results of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines
Daejin Steel Company (Daejin) and
Korea Wire Co., Ltd. (KOWIRE), the
producers and/or exporters subject to
this administrative review, made sales
of certain steel nails (steel nails) from
the Republic of Korea (Korea) in the
United States at prices below normal
value (NV) during the period of review
(POR), July 1, 2020, through June 30,
2021.
SUMMARY:
Dated: February 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
DATES:
Appendix
FOR FURTHER INFORMATION CONTACT:
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Issues
Comment 1: Whether Commerce Should
Directly Value Energy Factors of
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Applicable February 15, 2023.
Eva
Kim and Reginald Anadio, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–8283 or (202) 482–3166,
respectively.
E:\FR\FM\15FEN1.SGM
15FEN1
9864
Federal Register / Vol. 88, No. 31 / Wednesday, February 15, 2023 / Notices
SUPPLEMENTARY INFORMATION:
Background
On August 4, 2022, Commerce
published the Preliminary Results of
this administrative review and we
invited interested parties to comment.1
On October 31, 2022, in accordance
with section 751(a)(3)(A) of the Tariff
Act of 1930, as amended (the Act),
Commerce extended the deadline for
issuing these final results until January
31, 2023.2 A summary of the events that
occurred since Commerce published the
Preliminary Results, as well as a full
discussion of the issues raised by parties
for these final results, are discussed in
the Issues and Decision Memorandum.3
calculations for Daejin and KOWIRE, as
detailed in the Issues and Decision
Memorandum.5
Rate for Non-Examined Companies
ddrumheller on DSK120RN23PROD with NOTICES
The Act 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,
when calculating margins for nonselected respondents, Commerce looks
to section 735(c)(5) of the Act for
guidance, which provides instructions
for calculating the all-others rate in an
investigation. Section 735(c)(5)(A) of the
4
Scope of the Order
Act provides that when calculating the
The product covered by this Order is
all-others rate, Commerce will exclude
steel nails from Korea. For a complete
any zero and de minimis weighteddescription of the scope of the Order,
average dumping margins, as well as
see the Issues and Decision
any weighted-average dumping margins
Memorandum.
based on total facts available.
Accordingly, Commerce’s usual practice
Analysis of Comments Received
has been to average the margins for
All issues raised in the parties’ case
selected respondents, excluding margins
and rebuttal briefs are addressed in the
that are zero, de minimis, or based
Issues and Decision Memorandum and
are listed in the appendix to this notice. entirely on facts available. For these
final results, we have calculated
The Issues and Decision Memorandum
dumping margins for the two mandatory
is a public document and is on-file
respondents, Daejin and KOWIRE, that
electronically via Enforcement and
are above de minimis and not based on
Compliance’s Antidumping and
total facts available. Therefore, in
Countervailing Duty Centralized
accordance with section 735(c)(5)(A) of
Electronic Service System (ACCESS).
the Act, Commerce assigned to the
ACCESS is available to registered users
at https://access.trade.gov. In addition, a companies not individually examined
(i.e., Je-il Wire Production Co., Ltd. and
complete version of the Issues and
Decision Memorandum can be accessed Koram Inc.), listed in the chart below,
a margin of 2.64 percent which is the
directly at https://access.trade.gov/
simple average of Daejin’s and
public/FRNoticesListLayout.aspx.
KOWIRE’s calculated weighted-average
Changes Since the Preliminary Results
dumping margins for these final
Based on comments received from
results.6
interested parties regarding our
Final Results of Review
Preliminary Results and our review of
the record to address those comments,
As a result of this review, we
we made changes to the preliminary
determine the following weightedweighted-average dumping margin
average dumping margins exist for the
POR:
1 See Certain Steel Nails from the Republic of
Korea: Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review; 2020–
2021, 87 FR 47704 (August 4, 2022) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of the 2020–2021 Antidumping Duty
Administrative Review,’’ dated October 31, 2022.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review: Certain Steel Nails
from the Republic of Korea; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
4 See Certain Steel Nails from the Republic of
Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 80 FR 39994 (July 13,
2015) (Order).
VerDate Sep<11>2014
21:16 Feb 14, 2023
Jkt 259001
Exporter or producer
Daejin Steel Company ................
Korea Wire Co., Ltd ....................
Je-il Wire Production Co., Ltd ....
Koram Inc ...................................
Weightedaverage
dumping
margin
(percent)
Frm 00014
Fmt 4703
Sfmt 4703
Assessment Rates
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with these
final results of review.7 Pursuant to 19
CFR 351.212(b)(1), we calculated
importer-specific ad valorem duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the examined sales to the total
entered value of the sales for which
entered value was reported. Where the
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by companies included in these final
results of review for which the reviewed
companies did not know that the
merchandise it sold to the intermediary
(e.g., a reseller, trading company, or
exporter) was destined for the United
States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.8 Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of the final results of
this review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
4.52
subject merchandise entered, or
0.75
withdrawn from warehouse, for
2.64
consumption on or after the publication
2.64
date of the final results of this
administrative review, as provided by
5 See Issues and Decision Memorandum at
Comments 4, 5, 6, 10, and 11.
6 Commerce was unable to compare a simple
average to a weighted-average relative to publicly
available data because public data for volume of
U.S. sales were not available for respondents.
PO 00000
Disclosure
Commerce intends to disclose the
calculations performed for these final
results within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
7 See
19 CFR 351.212(b).
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
8 For
E:\FR\FM\15FEN1.SGM
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Federal Register / Vol. 88, No. 31 / Wednesday, February 15, 2023 / Notices
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
listed above will be equal to the
weighted-average dumping margin that
is established in the final results of this
review; (2) for previously investigated or
reviewed companies not subject to this
review, 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 company participated; (3) if
the exporter is not a firm covered in this
review, a prior review, or the original
less-than-fair-value (LTFV)
investigation, but the producer is, 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 and exporters will continue
to be 11.80 percent ad valorem, the allothers rate established in the LTFV
investigation.9 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
ddrumheller on DSK120RN23PROD with NOTICES
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
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
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
9 See
CFR 351.221(b)(5) and 19 CFR
351.213(h)(1).
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
21:16 Feb 14, 2023
Jkt 259001
Daejin and KOWIRE
Comment 1: Whether Commerce’s
Differential Pricing Analysis Is Contrary
to Widely Accepted Statistical Principles
and Is Not Supported By Substantial
Evidence
Daejin:
Comment 2: Whether Commerce Should
Allocate Daejin’s ‘‘Taxes and Dues’’
Entirely to General and Administrative
(G&A) Expenses
Comment 3: Whether Commerce Should
Include All of Daejin’s Miscellaneous
Losses in G&A Expenses Calculation of
the G&A Expense Ratio
Comment 4: Whether Commerce Should
Revise its Allocation of Miscellaneous
Revenue and Depreciation Expenses
Within G&A Expenses
Comment 5: Whether Commerce Should
Apply Total Adverse Facts Available
(AFA) For Daejin’s Failure to Report
Verifiable and Reliable Cost and Sales
Data
Comment 6: Whether Commerce Should
Apply Partial AFA to Daejin’s Dumping
Margin
Comment 7: Whether Commerce Should
Clarify Certain Statements In Its
Verification Report
KOWIRE:
Comment 8: Whether Commerce Should
Find that KOWIRE Failed to Report
Consistent Data and Apply AFA to
KOWIRE
Comment 9: Whether Commerce Should
Continue to Rely on the Cost Database
Used in the Preliminary Results
Comment 10: Whether Commerce Should
Revise the Inventory Carrying Cost
Calculation
Comment 11: Whether Commerce Should
Use KOWIRE’s Submitted Entered
Values to Calculate the Importer-Specific
Assessment Rate
V. Recommendation
[FR Doc. 2023–03156 Filed 2–14–23; 8:45 am]
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Frm 00015
Fmt 4703
Sfmt 4703
International Trade Administration
[C–570–048, C–580–888]
Certain Carbon and Alloy Steel Cut-toLength Plate From the People’s
Republic of China and the Republic of
Korea: Continuation of Countervailing
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the countervailing
duty (CVD) orders on certain carbon and
alloy steel cut-to-length plate (CTL
plate) from the People’s Republic of
China (China) and the Republic of Korea
(Korea) would likely lead to a
continuation or recurrence of net
countervailable subsidies and material
injury to an industry in the United
States, Commerce is publishing a notice
of continuation of these CVD orders.
DATES: Applicable February 15, 2023.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1537.
SUPPLEMENTARY INFORMATION:
AGENCY:
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Order.
VerDate Sep<11>2014
DEPARTMENT OF COMMERCE
Dated: January 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
BILLING CODE 3510–DS–P
9865
Background
On March 20 and May 25, 2017,
respectively, Commerce published the
CVD orders on CTL plate from China
and Korea.1 On December 1, 2021,
Commerce initiated,2 and the ITC
instituted,3 sunset reviews of the
Orders, pursuant to section 751(c)(2) of
the Tariff Act of 1930, as amended (the
Act). Commerce conducted expedited
(120-day) sunset reviews of the Orders,
pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2).
As a result of its reviews, Commerce
determined, pursuant to sections
751(c)(1) and 752(b) of the Act, that
1 See Certain Carbon and Alloy Steel Cut-toLength Plate from the People’s Republic of China:
Countervailing Duty Order, 82 FR 14346 (March 20,
2017); see also Certain Carbon and Alloy Steel Cutto-Length Plate from the Republic of Korea:
Countervailing Duty Order, 82 FR 24103 (May 25,
2017) (collectively, Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 86
FR 68220 (December 1, 2021).
3 See Carbon and Alloy Steel Cut-to-Length Plate
from Austria, Belgium, Brazil, China, France,
Germany, Italy, Japan, Korea, South Africa, Taiwan,
and Turkey; Institution of Five-Year Reviews, 86 FR
68269 (December 1, 2021).
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15FEN1
Agencies
[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Notices]
[Pages 9863-9865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03156]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-874]
Certain Steel Nails From the Republic of Korea: 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 Daejin
Steel Company (Daejin) and Korea Wire Co., Ltd. (KOWIRE), the producers
and/or exporters subject to this administrative review, made sales of
certain steel nails (steel nails) from the Republic of Korea (Korea) in
the United States at prices below normal value (NV) during the period
of review (POR), July 1, 2020, through June 30, 2021.
DATES: Applicable February 15, 2023.
FOR FURTHER INFORMATION CONTACT: Eva Kim and Reginald Anadio, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-8283 or (202) 482-3166,
respectively.
[[Page 9864]]
SUPPLEMENTARY INFORMATION:
Background
On August 4, 2022, Commerce published the Preliminary Results of
this administrative review and we invited interested parties to
comment.\1\ On October 31, 2022, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce
extended the deadline for issuing these final results until January 31,
2023.\2\ A summary of the events that occurred since Commerce published
the Preliminary Results, as well as a full discussion of the issues
raised by parties for these final results, are discussed in the Issues
and Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission of Antidumping Duty Administrative Review; 2020-
2021, 87 FR 47704 (August 4, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
the 2020-2021 Antidumping Duty Administrative Review,'' dated
October 31, 2022.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Certain
Steel Nails from the Republic of Korea; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ See Certain Steel Nails from the Republic of Korea,
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015)
(Order).
---------------------------------------------------------------------------
The product covered by this Order is steel nails from Korea. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed in the
appendix to this notice. The Issues and Decision Memorandum is a public
document and is on-file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic 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 accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on comments received from interested parties regarding our
Preliminary Results and our review of the record to address those
comments, we made changes to the preliminary weighted-average dumping
margin calculations for Daejin and KOWIRE, as detailed in the Issues
and Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ See Issues and Decision Memorandum at Comments 4, 5, 6, 10,
and 11.
---------------------------------------------------------------------------
Rate for Non-Examined Companies
The Act 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, when
calculating margins for non-selected respondents, Commerce looks to
section 735(c)(5) of the Act for guidance, which provides instructions
for calculating the all-others rate in an investigation. Section
735(c)(5)(A) of the Act provides that when calculating the all-others
rate, Commerce will exclude any zero and de minimis weighted-average
dumping margins, as well as any weighted-average dumping margins based
on total facts available. Accordingly, Commerce's usual practice has
been to average the margins for selected respondents, excluding margins
that are zero, de minimis, or based entirely on facts available. For
these final results, we have calculated dumping margins for the two
mandatory respondents, Daejin and KOWIRE, that are above de minimis and
not based on total facts available. Therefore, in accordance with
section 735(c)(5)(A) of the Act, Commerce assigned to the companies not
individually examined (i.e., Je-il Wire Production Co., Ltd. and Koram
Inc.), listed in the chart below, a margin of 2.64 percent which is the
simple average of Daejin's and KOWIRE's calculated weighted-average
dumping margins for these final results.\6\
---------------------------------------------------------------------------
\6\ Commerce was unable to compare a simple average to a
weighted-average relative to publicly available data because public
data for volume of U.S. sales were not available for respondents.
---------------------------------------------------------------------------
Final Results of Review
As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Daejin Steel Company........................................ 4.52
Korea Wire Co., Ltd......................................... 0.75
Je-il Wire Production Co., Ltd.............................. 2.64
Koram Inc................................................... 2.64
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for these
final results 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 has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with these final results of
review.\7\ Pursuant to 19 CFR 351.212(b)(1), we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
the respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know that the merchandise it sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\8\ 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).
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\8\ 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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by
[[Page 9865]]
section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the
companies listed above will be equal to the weighted-average dumping
margin that is established in the final results of this review; (2) for
previously investigated or reviewed companies not subject to this
review, 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 company participated; (3) if the exporter is
not a firm covered in this review, a prior review, or the original
less-than-fair-value (LTFV) investigation, but the producer is, 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 and
exporters will continue to be 11.80 percent ad valorem, the all-others
rate established in the LTFV investigation.\9\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\9\ See Order.
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
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 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
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5)
and 19 CFR 351.213(h)(1).
Dated: January 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Daejin and KOWIRE
Comment 1: Whether Commerce's Differential Pricing Analysis Is
Contrary to Widely Accepted Statistical Principles and Is Not
Supported By Substantial Evidence
Daejin:
Comment 2: Whether Commerce Should Allocate Daejin's ``Taxes and
Dues'' Entirely to General and Administrative (G&A) Expenses
Comment 3: Whether Commerce Should Include All of Daejin's
Miscellaneous Losses in G&A Expenses Calculation of the G&A Expense
Ratio
Comment 4: Whether Commerce Should Revise its Allocation of
Miscellaneous Revenue and Depreciation Expenses Within G&A Expenses
Comment 5: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) For Daejin's Failure to Report Verifiable and
Reliable Cost and Sales Data
Comment 6: Whether Commerce Should Apply Partial AFA to Daejin's
Dumping Margin
Comment 7: Whether Commerce Should Clarify Certain Statements In
Its Verification Report
KOWIRE:
Comment 8: Whether Commerce Should Find that KOWIRE Failed to
Report Consistent Data and Apply AFA to KOWIRE
Comment 9: Whether Commerce Should Continue to Rely on the Cost
Database Used in the Preliminary Results
Comment 10: Whether Commerce Should Revise the Inventory
Carrying Cost Calculation
Comment 11: Whether Commerce Should Use KOWIRE's Submitted
Entered Values to Calculate the Importer-Specific Assessment Rate
V. Recommendation
[FR Doc. 2023-03156 Filed 2-14-23; 8:45 am]
BILLING CODE 3510-DS-P