Certain Steel Nails From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022, 49443-49446 [2023-16199]

Download as PDF Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined.11 Parties should confirm the date, time and location of the hearing by telephone two days before the scheduled date. Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised in any the written briefs, no later than 120 days after the date of publication of this notice, unless otherwise extended.12 Assessment Rates Upon issuance of the final results of this administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. If the weighted-average dumping margin for Citribel (i.e., the sole individually-examined respondent in this review) is not zero or de minimis (i.e., greater than or equal to 0.5 percent) in the final results of this review, we will calculate importer-specific ad valorem assessment rates for the merchandise based on the ratio of the total amount of dumping calculated for the examined sales made during the POR to each importer and the total entered value of those same sales, in accordance with 19 CFR 351.212(b)(1).13 Where an importer-specific ad valorem assessment rate is zero or de minimis in the final results of the review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.14 If Citribel’s weighted-average dumping margin is zero or de minimis in the final results of the review, we will instruct CBP not to assess duties on any of its entries in accordance with the Final Modification for Reviews, i.e., ‘‘{w}here the weighted-average margin of dumping for the exporter is determined to be zero or de minimis, no antidumping duties will be assessed.’’ 15 11 See 19 CFR 351.310(d). section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h). 13 As explained above, we determined that Citribel is the successor-in-interest to Citrique Belge. See Citric Acid Belgium CCR. This name change occurred during the period of review; thus, entries subject to this administrative review were made using both company names. Accordingly, we intend to issue assessment instructions covering entries produced and exported by both Citrique Belge and Citribel during the POR at the rate established in the final results. 14 See 19 CFR 351.106(c)(2). 15 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification for Reviews). ddrumheller on DSK120RN23PROD with NOTICES1 12 See VerDate Sep<11>2014 18:11 Jul 28, 2023 Jkt 259001 For entries of subject merchandise during the POR produced by Citribel for which the producer did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the allothers rate (i.e., 19.30 percent) 16 if there is no rate for the intermediate company (or companies) involved in the transaction.17 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 cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for Citribel will be equal to the weighted-average dumping margin established in the final results of this administrative review, except if the rate is less than 0.50 percent, and therefore de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not listed above, 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 in the investigation but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be the all-others rate of 19.30 percent, the rate established in the less-than-fairvalue investigation of this proceeding.18 These cash deposit requirements, when imposed, shall remain in effect until further notice. Order, 83 FR at 35215. Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 18 See Order, 83 FR at 35215. PO 00000 16 See 17 See Frm 00010 Fmt 4703 Sfmt 4703 49443 Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4). Dated: July 24, 2023. Abdelali Elouaradia, Deputy 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. Duty Absorption V. Application of Facts Available and Use of Adverse Inferences VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2023–16201 Filed 7–28–23; 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: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Partial Rescission of Antidumping Duty Administrative Review; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain steel nails (steel nails) from the Republic of Korea (Korea) were sold in the United States at less than normal value (NV) during the period of review (POR) of July 1, 2021, through June 30, 2022. Interested parties are invited to comment on these preliminary results. DATES: Applicable July 31, 2023. AGENCY: E:\FR\FM\31JYN1.SGM 31JYN1 49444 Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices FOR FURTHER INFORMATION CONTACT: Ashley Cossaart or Paul Gill, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0462 or (202) 482–5673, respectively. SUPPLEMENTARY INFORMATION: Background On July 13, 2015, Commerce published in the Federal Register an antidumping duty order on steel nails from Korea.1 On September 6, 2022, based on a timely request for review, in accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the Order covering 121 producers and/or exporters of the subject merchandise.2 On March 9, 2023, Commerce extended the preliminary results of this review to no later than July 28, 2023.3 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.4 Scope of the Order The merchandise subject to the Order is steel nails from Korea. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. ddrumheller on DSK120RN23PROD with NOTICES1 Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. On September 21, 2022, the petitioner 5 timely withdrew its request for Nailtech Co., Ltd. (Nailtech).6 Because the 1 See Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 54463 (September 6, 2022). 3 See Memorandum, ‘‘Certain Steel Nails from the Republic of Korea: Extension of Deadline for Preliminary Results of 2021–2022 Antidumping Duty Administrative Review,’’ dated March 9, 2023. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2021–2022 Administrative Review of the Antidumping Duty Order on Certain Steel Nails from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 The petitioner is Mid Continent Steel & Wire, Inc. 6 See Petitioner’s Letter, ‘‘Certain Steel Nails from Korea—Withdrawal of Review Request,’’ dated September 21, 2022. VerDate Sep<11>2014 18:11 Jul 28, 2023 Jkt 259001 request for administrative review of Nailtech was timely withdrawn, and no other parties requested a review of this company, Commerce is rescinding this review with respect to Nailtech. Preliminary Determination of No Shipments Among the companies under review, Astrotech Steels Private Limited (Astrotech) and Geekay Wires Limited (Geekay) properly filed statements that they made no shipments of subject merchandise to the United States during the POR.7 Based on their certifications and our analysis of U.S. Customs and Border Protection (CBP) information, we preliminary determine that Astrotech and Geekay had no reviewable transactions during the POR.8 Consistent with our practice, we are not preliminarily rescinding the review with respect to these companies. Instead, we will complete the review and issue appropriate instructions to CBP based on the final results of this review.9 Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Preliminary Results of Review As a result of this review, we preliminarily determine that the following weighted-average dumping margins exist for the period July 1, 2021, through June 30, 2022: Exporter/producer Daejin Steel Company ................ Korea Wire Co., Ltd .................... Companies Not Selected for Individual Review 10 ................... Weightedaverage dumping margin (percent) 0.66 0.00 0.66 Review-Specific Rate for Companies Not Selected for Individual Review The Act and Commerce’s regulations do not address the establishment of a weighted-average dumping margin to be applied to companies not selected for individual examination when Methodology Commerce limits its examination in an Commerce is conducting this review administrative review pursuant to in accordance with sections 751(a)(1)(B) section 777A(c)(2) of the Act. Generally, and (2) of the Tariff Act of 1930, as Commerce looks to section 735(c)(5) of amended (the Act). We calculated the Act, which provides instructions for export price in accordance with section calculating the all-others rate in a less772 of the Act. We calculated NV in than-fair-value (LTFV) investigation, for accordance with section 773 of the Act. guidance when calculating the For a full description of the weighted-average dumping margin for methodology underlying our companies which were not selected for conclusions, see the Preliminary individual examination in an Decision Memorandum. A list of the administrative review. Under section topics discussed in the Preliminary 735(c)(5)(A) of the Act, the all-others Decision Memorandum is attached as rate is normally equal to the weighted Appendix I to this notice. The average of the estimated weightedPreliminary Decision Memorandum is a average dumping margins established public document and is on file for exporters and producers electronically via Enforcement and individually examined, excluding any Compliance’s Antidumping and margins that are zero, de minimis (i.e., Countervailing Duty Centralized less than 0.5 percent), or determined Electronic Service System (ACCESS). entirely on the basis of facts available. ACCESS is available to registered users For these preliminary results, because at https://access.trade.gov. In addition, a the rate calculated for Korea Wire Co., complete version of the Preliminary Ltd. (KOWIRE) is zero, we have preliminarily assigned a dumping 7 See Geekay’s Letter, ‘‘Certain Steel Nails— margin to these companies based on the Republic of Korea: Request for No Shipment during rate calculated for Daejin Steel the Period of Review (POR),’’ dated September 21, Company (Daejin). 2022; see also Astrotech’s Letter, ‘‘Certain Steel Nails from Republic of Korea—Request for No Shipment during the Period of Review (POR),’’ dated September 29, 2022. 8 See Memorandum, ‘‘No Shipment Inquiry for Astrotech Steels Private Limited and Geekay Wires Limited during the period 07/01/2021 through 06/ 30/2022,’’ dated July 20, 2023. 9 See, e.g., Welded Line Pipe from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019–2020, 87 FR 928 (January 7, 2022), unchanged in Welded Line Pipe from the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2019– 2020, 87 FR 38061 (June 27, 2022). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.11 Interested parties may submit case briefs to Commerce no later than 30 days after 10 The exporters and/or producers not selected for individual review are listed in Appendix II. 11 See 19 CFR 351.224(b). E:\FR\FM\31JYN1.SGM 31JYN1 Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices the date of publication of this notice.12 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the time limit for filing case briefs.13 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.14 Case and rebuttal briefs should be filed using ACCESS.15 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically via ACCESS within 30 days after the date of publication of this notice.16 Hearing requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing.17 An electronically-filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established deadline. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.18 Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice in the Federal Register, unless otherwise extended.19 Assessment Rates Upon completion of the administrative review, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.20 Pursuant to 19 CFR 351.212(b)(1), because both respondents reported the entered value for all of their U.S. sales, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of ddrumheller on DSK120RN23PROD with NOTICES1 12 See 19 CFR 351.309(c). 13 See 19 CFR 351.309(d). 14 See 19 CFR 351.309(c)(2) and (d)(2). 15 See 19 CFR 351.303. 16 See 19 CFR 351.310(c). 17 See 19 CFR 351.310(d). 18 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 19 See section 751(a)(3)(A) of the Act. 20 See 19 CFR 351.212(b)(1). VerDate Sep<11>2014 18:11 Jul 28, 2023 Jkt 259001 antidumping duties calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where either the respondent’s weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Commerce’s ‘‘automatic assessment’’ will apply to entries of subject merchandise during the POR produced by Daejin or KOWIRE for which these companies did not know that the merchandise they 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.21 For the companies which were not selected for individual review, we will assign an assessment rate based on the review-specific rate, calculated as noted in the ‘‘Review-Specific Rate for Companies Not Selected for Individual Review’’ section, above. Further, if we continue to find in the final results that Astrotech and Geekay had no shipments of subject merchandise during the POR, we will instruct CBP to liquidate any suspended entries that entered under these companies’ antidumping duty case numbers at the all-others rate. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.22 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication 21 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 22 See section 751(a)(2)(C) of the Act. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 49445 date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies listed above will be equal to the weighted-average dumping margin established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not covered by this review, the cash deposit 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, or the LTFV investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 11.80 percent, the all-others rate established in the LTFV investigation.23 These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: July 25, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation 23 See E:\FR\FM\31JYN1.SGM Order, 80 FR at 39996. 31JYN1 49446 Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 Appendix II Review-Specific Rate Applicable to Company Not Selected for Individual Review 1. Agl Co., Ltd. 2. Americana Express (Shandong) Co. Ltd. 3. Ansing Fasteners Co. Ltd. 4. Beijing Catic Industry Limited 5. Beijing Jinheung Co., Ltd. 6. Big Mind Group Co., Ltd. 7. Changzhou Kya Trading Co., Ltd. 8. China Staple Enterprise Tianjin Co. Ltd. 9. D&F Material Products Ltd. 10. De Well Group Korea Co., Ltd. 11. Dezhou Hualude Hardware Products Co. Ltd. 12. DLF Industry Co., Limited 13. Doublemoon Hardware Company Ltd. 14. DT China (Shanghai) Ltd. 15. Duo-Fast Korea Co. Ltd. 16. Ejen Brothers Limited 17. England Rich Group (China) Ltd. 18. Ever Leading International Inc. 19. Fastgrow International Co., Inc. 20. Glovis America, Inc. 21. GWP Industries (Tianjin) Co., Ltd. 22. Haas Automation Inc. 23. Han Express Co. Ltd. 24. Handuk Industrial Co., Ltd. 25. Hanmi Staple Co., Ltd. 26. Hebei Minmetals Co., Ltd. 27. Hebei Longshengyuan Trade Co Ltd. 28. Hebei Cangzhou New Century Foreign Trade Co., Ltd. 29. Hebei Shinyee Trade Co., Ltd. 30. Hengtuo Metal Products Company Limited 31. Home Value Co., Ltd. 32. Hongyi (Hk) Hardware Products Co., Limited 33. Hongyi (Hk) Industrial Co., Limited 34. Huanghua RC Business Co., Ltd. 35. Huanghua Yingjin Hardware Products Co., Ltd. 36. Inmax Industries Sdn. Bhd. 37. JCD Group Co., Limited 38. Je-il Wire Production Co., Ltd. 39. Jinheung Steel Corporation 40. Jining Jufu International Trade Co. 41. Jinsco International Corporation 42. Joo Sung Sea & Air Co., Ltd. 43. Jushiqiangsen (Tianjin) International Trade Co., Ltd. 44. Kabool Fasteners Co. Ltd. 45. KB Steel 46. Kerry-Apex (Thailand) Co., Ltd. 47. Koram Inc. 48. KPF Co., Ltd. 49. Kuehne & Nagel Ltd. 50. Linyi Double-Moon Hardware Products Co., Ltd. 51. Linyi Flyingarrow Imp. & Exp. Co., Ltd. 52. Linyi Jianchengde Metal Hardware Co. 53. Linyi Yitong Chain Co., Ltd. 54. Manho Rope and Wire Ltd. 55. Max Co., Ltd. 56. Mingguang Ruifeng Hardware Products Co., Ltd. 57. Nanjing Senqiao Trading Co., Ltd. 58. Needslink, Inc. 59. Ocean King International Industries Limited 60. Paslode Fasteners (Shanghai) Co., Ltd. 61. Peace Korea Co., Ltd. 62. Qingdao Ant Hardware Manufacturing VerDate Sep<11>2014 18:11 Jul 28, 2023 Jkt 259001 Co., Ltd. 63. Qingdao Best World Industry-Trading Co., Ltd. 64. Qingdao Cheshire Trading Co., Ltd. 65. Qingdao Hongyuan Nail Industry Co., Ltd. 66. Qingdao Jcd Machinery Co., Ltd. 67. Qingdao Jiawei Industry Co., Limited 68. Qingdao Jisco Co., Ltd. 69. Qingdao Master Metal Products Co., Ltd. 70. Qingdao Meijialucky Industry and Co. 71. Qingdao Mst Industry And Commerce Co., Ltd. 72. Qingdao Ruitai Trade Co., Ltd. 73. Qingdao Shantron Int’l Trade Co., Ltd. 74. Qingdao Shenghengtong Metal Products Co., Ltd. 75. Qingdao Sunrise Metal Products Co., Ltd. 76. Qingdao Tian Heng Xiang Metal Products Co., Ltd. 77. Qingdao Top Metal Industrial Co., Ltd. 78. Rewon Systems, Inc. 79. Rise Time Industrial Ltd. 80. Shandong Dominant Source Group Co., Ltd. 81. Shandong Guomei Industry Co., Ltd. 82. Shanghai Curvet Hardware Products Co., Ltd. 83. Shanghai Goldenbridge International Co., Ltd. 84. Shanghai Pinnacle International Trading Co., Ltd. 85. Shanghai Zoonlion Industrial Co., Ltd. 86. Shanxi Pioneer Hardware Industrial Co., Ltd. 87. Shanxi Sanhesheng Trade Co., Ltd. 88. Shaoxing Bohui Import & Export Co., Ltd. 89. Shijiazhuang Yajiada Metal Products Co., Ltd. 90. Shijiazhuang Tops Hardware Manufacturing Co., Ltd. 91. Shin Jung TMS Corporation Ltd. 92. SSS Hardware International Trading Co., Ltd. 93. Storeit Services LLP 94. Test Rite International Co., Ltd. 95. Tangshan Jason Metal Materials Co., Ltd. 96. The Inno Steel Industry Company 97. Tianjin Bluekin Industries Limited. 98. Tianjin Coways Metal Products Co., Ltd. 99. Tianjin Hweschun Fasteners Manufacturing Co. Ltd. 100. Tianjin Jinchi Metal Products Co., Ltd. 101. Tianjin Jinghai County Hongli Industry and Business Co., Ltd. 102. Tianjin Jinzhuang New Material Sci Co., Ltd. 103. Tianjin Lianda Group Co., Ltd. 104. Tianjin Zhonglian Metals Ware Co., Ltd. 105. Tianjin Zhonglian Times Technology Co., Ltd. 106. Un Global Company Limited 107. Unicorn (Tianjin) Fasteners Co., Ltd. 108. United Company For Metal Products 109. W&K Corporation Limited 110. Weifang Wenhe Pneumatic Tools Co., Ltd. 111. Wulian Zhanpengmetals Co., Ltd. 112. WWL India Private Ltd. 113. Xian Metals And Minerals Import And Export Co., Ltd. 114. Youngwoo Fasteners Co., Ltd. 115. Zhangjiagang Lianfeng Metals Products Co., Ltd. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 116. Zhaoqing Harvest Nails Co., Ltd. [FR Doc. 2023–16199 Filed 7–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–849] Common Alloy Aluminum Sheet From Germany: Notice of Initiation of Changed Circumstances Review, and Consideration of Revocation, in Part, of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on a request from Eastman Kodak Company (Kodak), the U.S. Department of Commerce (Commerce) is initiating a changed circumstances review to consider the possible revocation, in part, of the antidumping duty (AD) order on common alloy aluminum sheet (CAAS) from Germany with respect to certain lithographic-grade aluminum sheet. DATES: Applicable July 31, 2023. FOR FURTHER INFORMATION CONTACT: Howard Smith, 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) 482–5193. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 27, 2021, Commerce published AD orders on CAAS from multiple countries, including Germany.1 On May 9, 2023, Kodak, a U.S. importer of subject merchandise, requested that Commerce conduct a changed circumstances review (CCR) and revoke, in part, the CAAS AD Order on Germany with respect to certain lithographic-grade aluminum sheet pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b).2 On June 7, 2023, Commerce notified Kodak that its request for a CCR lacked certain information that was required in order for Commerce to consider the request.3 On June 9, 2023, Kodak amended its 1 See Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and the Republic of Turkey: Antidumping Duty Orders, 86 FR 22139 (April 27, 2021) (CAAS AD Order). 2 See Kodak’s Letter, ‘‘Request for Expedited Changed Circumstances Review’’ dated May 9, 2023 (Request for CCR). 3 See Commerce’s Letter, ‘‘Request for Additional Information’’ dated June 7, 2023. E:\FR\FM\31JYN1.SGM 31JYN1

Agencies

[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49443-49446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16199]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-874]


Certain Steel Nails From the Republic of Korea: Preliminary 
Results of Antidumping Duty Administrative Review, Preliminary 
Determination of No Shipments, and Partial Rescission of Antidumping 
Duty Administrative Review; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain steel nails (steel nails) from the Republic of 
Korea (Korea) were sold in the United States at less than normal value 
(NV) during the period of review (POR) of July 1, 2021, through June 
30, 2022. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable July 31, 2023.

[[Page 49444]]


FOR FURTHER INFORMATION CONTACT: Ashley Cossaart or Paul Gill, AD/CVD 
Operations, Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0462 or (202) 482-5673, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 13, 2015, Commerce published in the Federal Register an 
antidumping duty order on steel nails from Korea.\1\ On September 6, 
2022, based on a timely request for review, in accordance with 19 CFR 
351.221(c)(1)(i), we initiated an administrative review of the Order 
covering 121 producers and/or exporters of the subject merchandise.\2\ 
On March 9, 2023, Commerce extended the preliminary results of this 
review to no later than July 28, 2023.\3\ For a complete description of 
the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\4\
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    \1\ See Certain Steel Nails from the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic 
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463 (September 6, 2022).
    \3\ See Memorandum, ``Certain Steel Nails from the Republic of 
Korea: Extension of Deadline for Preliminary Results of 2021-2022 
Antidumping Duty Administrative Review,'' dated March 9, 2023.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Administrative Review of the Antidumping 
Duty Order on Certain Steel Nails from the Republic of Korea,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is steel nails from Korea. For 
a complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. On 
September 21, 2022, the petitioner \5\ timely withdrew its request for 
Nailtech Co., Ltd. (Nailtech).\6\ Because the request for 
administrative review of Nailtech was timely withdrawn, and no other 
parties requested a review of this company, Commerce is rescinding this 
review with respect to Nailtech.
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    \5\ The petitioner is Mid Continent Steel & Wire, Inc.
    \6\ See Petitioner's Letter, ``Certain Steel Nails from Korea--
Withdrawal of Review Request,'' dated September 21, 2022.
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Preliminary Determination of No Shipments

    Among the companies under review, Astrotech Steels Private Limited 
(Astrotech) and Geekay Wires Limited (Geekay) properly filed statements 
that they made no shipments of subject merchandise to the United States 
during the POR.\7\ Based on their certifications and our analysis of 
U.S. Customs and Border Protection (CBP) information, we preliminary 
determine that Astrotech and Geekay had no reviewable transactions 
during the POR.\8\ Consistent with our practice, we are not 
preliminarily rescinding the review with respect to these companies. 
Instead, we will complete the review and issue appropriate instructions 
to CBP based on the final results of this review.\9\
---------------------------------------------------------------------------

    \7\ See Geekay's Letter, ``Certain Steel Nails--Republic of 
Korea: Request for No Shipment during the Period of Review (POR),'' 
dated September 21, 2022; see also Astrotech's Letter, ``Certain 
Steel Nails from Republic of Korea--Request for No Shipment during 
the Period of Review (POR),'' dated September 29, 2022.
    \8\ See Memorandum, ``No Shipment Inquiry for Astrotech Steels 
Private Limited and Geekay Wires Limited during the period 07/01/
2021 through 06/30/2022,'' dated July 20, 2023.
    \9\ See, e.g., Welded Line Pipe from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2019-2020, 87 FR 928 
(January 7, 2022), unchanged in Welded Line Pipe from the Republic 
of Korea: Final Results of Antidumping Duty Administrative Review; 
2019-2020, 87 FR 38061 (June 27, 2022).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
We calculated export price in accordance with section 772 of the Act. 
We calculated NV in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
Appendix I to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the period July 1, 
2021, through June 30, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Daejin Steel Company........................................        0.66
Korea Wire Co., Ltd.........................................        0.00
Companies Not Selected for Individual Review \10\...........        0.66
------------------------------------------------------------------------

Review-Specific Rate for Companies Not Selected for Individual Review

    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin 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 
less-than-fair-value (LTFV) investigation, for guidance when 
calculating the weighted-average dumping margin 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 equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers 
individually examined, excluding any margins that are zero, de minimis 
(i.e., less than 0.5 percent), or determined entirely on the basis of 
facts available.
---------------------------------------------------------------------------

    \10\ The exporters and/or producers not selected for individual 
review are listed in Appendix II.
---------------------------------------------------------------------------

    For these preliminary results, because the rate calculated for 
Korea Wire Co., Ltd. (KOWIRE) is zero, we have preliminarily assigned a 
dumping margin to these companies based on the rate calculated for 
Daejin Steel Company (Daejin).

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\11\ Interested 
parties may submit case briefs to Commerce no later than 30 days after

[[Page 49445]]

the date of publication of this notice.\12\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the time limit for filing case briefs.\13\ Parties who submit 
case briefs or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\14\ Case and 
rebuttal briefs should be filed using ACCESS.\15\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\16\ Hearing requests should contain: (1) 
the party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing.\17\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    An electronically-filed document must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline. Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\18\
---------------------------------------------------------------------------

    \18\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice in the Federal Register, unless otherwise extended.\19\
---------------------------------------------------------------------------

    \19\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\20\ Pursuant to 19 CFR 351.212(b)(1), 
because both respondents reported the entered value for all of their 
U.S. sales, we calculated importer-specific ad valorem duty assessment 
rates based on the ratio of the total amount of antidumping duties 
calculated for the examined sales to the total entered value of the 
sales for which entered value was reported. Where either the 
respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c), or an importer-specific rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \20\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by Daejin or KOWIRE for 
which these companies did not know that the merchandise they 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.\21\
---------------------------------------------------------------------------

    \21\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the review-specific rate, 
calculated as noted in the ``Review-Specific Rate for Companies Not 
Selected for Individual Review'' section, above. Further, if we 
continue to find in the final results that Astrotech and Geekay had no 
shipments of subject merchandise during the POR, we will instruct CBP 
to liquidate any suspended entries that entered under these companies' 
antidumping duty case numbers at the all-others rate.
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\22\
---------------------------------------------------------------------------

    \22\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
listed above will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
less than 0.50 percent and, therefore, de minimis within the meaning of 
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 
(2) for previously reviewed or investigated companies not covered by 
this review, the cash deposit 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, or the LTFV investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment for the producer of the subject 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 11.80 percent, the all-others rate 
established in the LTFV investigation.\23\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \23\ See Order, 80 FR at 39996.
---------------------------------------------------------------------------

Notification to Importers

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

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: July 25, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[[Page 49446]]

Appendix II

Review-Specific Rate Applicable to Company Not Selected for Individual 
Review

1. Agl Co., Ltd.
2. Americana Express (Shandong) Co. Ltd.
3. Ansing Fasteners Co. Ltd.
4. Beijing Catic Industry Limited
5. Beijing Jinheung Co., Ltd.
6. Big Mind Group Co., Ltd.
7. Changzhou Kya Trading Co., Ltd.
8. China Staple Enterprise Tianjin Co. Ltd.
9. D&F Material Products Ltd.
10. De Well Group Korea Co., Ltd.
11. Dezhou Hualude Hardware Products Co. Ltd.
12. DLF Industry Co., Limited
13. Doublemoon Hardware Company Ltd.
14. DT China (Shanghai) Ltd.
15. Duo-Fast Korea Co. Ltd.
16. Ejen Brothers Limited
17. England Rich Group (China) Ltd.
18. Ever Leading International Inc.
19. Fastgrow International Co., Inc.
20. Glovis America, Inc.
21. GWP Industries (Tianjin) Co., Ltd.
22. Haas Automation Inc.
23. Han Express Co. Ltd.
24. Handuk Industrial Co., Ltd.
25. Hanmi Staple Co., Ltd.
26. Hebei Minmetals Co., Ltd.
27. Hebei Longshengyuan Trade Co Ltd.
28. Hebei Cangzhou New Century Foreign Trade Co., Ltd.
29. Hebei Shinyee Trade Co., Ltd.
30. Hengtuo Metal Products Company Limited
31. Home Value Co., Ltd.
32. Hongyi (Hk) Hardware Products Co., Limited
33. Hongyi (Hk) Industrial Co., Limited
34. Huanghua RC Business Co., Ltd.
35. Huanghua Yingjin Hardware Products Co., Ltd.
36. Inmax Industries Sdn. Bhd.
37. JCD Group Co., Limited
38. Je-il Wire Production Co., Ltd.
39. Jinheung Steel Corporation
40. Jining Jufu International Trade Co.
41. Jinsco International Corporation
42. Joo Sung Sea & Air Co., Ltd.
43. Jushiqiangsen (Tianjin) International Trade Co., Ltd.
44. Kabool Fasteners Co. Ltd.
45. KB Steel
46. Kerry-Apex (Thailand) Co., Ltd.
47. Koram Inc.
48. KPF Co., Ltd.
49. Kuehne & Nagel Ltd.
50. Linyi Double-Moon Hardware Products Co., Ltd.
51. Linyi Flyingarrow Imp. & Exp. Co., Ltd.
52. Linyi Jianchengde Metal Hardware Co.
53. Linyi Yitong Chain Co., Ltd.
54. Manho Rope and Wire Ltd.
55. Max Co., Ltd.
56. Mingguang Ruifeng Hardware Products Co., Ltd.
57. Nanjing Senqiao Trading Co., Ltd.
58. Needslink, Inc.
59. Ocean King International Industries Limited
60. Paslode Fasteners (Shanghai) Co., Ltd.
61. Peace Korea Co., Ltd.
62. Qingdao Ant Hardware Manufacturing Co., Ltd.
63. Qingdao Best World Industry-Trading Co., Ltd.
64. Qingdao Cheshire Trading Co., Ltd.
65. Qingdao Hongyuan Nail Industry Co., Ltd.
66. Qingdao Jcd Machinery Co., Ltd.
67. Qingdao Jiawei Industry Co., Limited
68. Qingdao Jisco Co., Ltd.
69. Qingdao Master Metal Products Co., Ltd.
70. Qingdao Meijialucky Industry and Co.
71. Qingdao Mst Industry And Commerce Co., Ltd.
72. Qingdao Ruitai Trade Co., Ltd.
73. Qingdao Shantron Int'l Trade Co., Ltd.
74. Qingdao Shenghengtong Metal Products Co., Ltd.
75. Qingdao Sunrise Metal Products Co., Ltd.
76. Qingdao Tian Heng Xiang Metal Products Co., Ltd.
77. Qingdao Top Metal Industrial Co., Ltd.
78. Rewon Systems, Inc.
79. Rise Time Industrial Ltd.
80. Shandong Dominant Source Group Co., Ltd.
81. Shandong Guomei Industry Co., Ltd.
82. Shanghai Curvet Hardware Products Co., Ltd.
83. Shanghai Goldenbridge International Co., Ltd.
84. Shanghai Pinnacle International Trading Co., Ltd.
85. Shanghai Zoonlion Industrial Co., Ltd.
86. Shanxi Pioneer Hardware Industrial Co., Ltd.
87. Shanxi Sanhesheng Trade Co., Ltd.
88. Shaoxing Bohui Import & Export Co., Ltd.
89. Shijiazhuang Yajiada Metal Products Co., Ltd.
90. Shijiazhuang Tops Hardware Manufacturing Co., Ltd.
91. Shin Jung TMS Corporation Ltd.
92. SSS Hardware International Trading Co., Ltd.
93. Storeit Services LLP
94. Test Rite International Co., Ltd.
95. Tangshan Jason Metal Materials Co., Ltd.
96. The Inno Steel Industry Company
97. Tianjin Bluekin Industries Limited.
98. Tianjin Coways Metal Products Co., Ltd.
99. Tianjin Hweschun Fasteners Manufacturing Co. Ltd.
100. Tianjin Jinchi Metal Products Co., Ltd.
101. Tianjin Jinghai County Hongli Industry and Business Co., Ltd.
102. Tianjin Jinzhuang New Material Sci Co., Ltd.
103. Tianjin Lianda Group Co., Ltd.
104. Tianjin Zhonglian Metals Ware Co., Ltd.
105. Tianjin Zhonglian Times Technology Co., Ltd.
106. Un Global Company Limited
107. Unicorn (Tianjin) Fasteners Co., Ltd.
108. United Company For Metal Products
109. W&K Corporation Limited
110. Weifang Wenhe Pneumatic Tools Co., Ltd.
111. Wulian Zhanpengmetals Co., Ltd.
112. WWL India Private Ltd.
113. Xian Metals And Minerals Import And Export Co., Ltd.
114. Youngwoo Fasteners Co., Ltd.
115. Zhangjiagang Lianfeng Metals Products Co., Ltd.
116. Zhaoqing Harvest Nails Co., Ltd.

[FR Doc. 2023-16199 Filed 7-28-23; 8:45 am]
BILLING CODE 3510-DS-P
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