Certain Corrosion-Resistant Steel Products From Taiwan: Final Results of the Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022, 85587-85589 [2023-26998]
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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices
the Secretary of Commerce by the ECRA
and delegated by the President to the
Secretary of Commerce. This authority
is administered by the Bureau of
Industry and Security through the
Export Administration Regulations
(EAR).
BIS administers a system of export, reexport, and in-country transfer controls
in accordance with the EAR. In doing
so, BIS requires that parties wishing to
engage in certain transactions apply for
licenses, submit Encryption Review
Requests, or submit notifications to BIS.
BIS also reviews, upon request,
specifications of various items and
determines their proper classification
under the EAR.
Electronic.
[FR Doc. 2023–27010 Filed 12–7–23; 8:45 am]
BILLING CODE 3510–33–P
International Trade Administration
III. Data
[A–583–856]
OMB Control Number: 0694–0088.
Form Number(s): BIS–748P, BIS–
748P–A, BIS–748P–B.
Type of Review: Regular submission,
revision of a current information
collection.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
75,744.
Estimated Time per Response: 29.4
minutes.
Estimated Total Annual Burden
Hours: 36,689.
Estimated Total Annual Cost to the
Public: 0.
Respondent’s Obligation: Voluntary.
Legal Authority: Section 1761(h) of
the Export Control Reform Act (ECRA).
IV. Request for Comments
khammond on DSKJM1Z7X2PROD with NOTICES
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
DEPARTMENT OF COMMERCE
II. Method of Collection
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
VerDate Sep<11>2014
identifying information in your
comment, you should be aware that
your entire comment—including your
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While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
16:50 Dec 07, 2023
Jkt 262001
Certain Corrosion-Resistant Steel
Products From Taiwan: Final Results
of the Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
producers/exporters subject to this
review made sales of subject
merchandise at less than normal value
(NV) during the period of review (POR)
July 1, 2021, through June 30, 2022. We
further determine that Xxentria
Technology Materials Company Ltd.
(Xxentria) had no shipments of subject
merchandise during the POR.
DATES: Applicable December 8, 2023.
FOR FURTHER INFORMATION CONTACT:
Matthew Palmer or Deborah Cohen, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1678 and (202) 482–4521,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 2, 2023, Commerce
published the Preliminary Results for
this administrative review and invited
interested parties to comment.1 On
1 See Certain Corrosion-Resistant Steel Products
from Taiwan: Preliminary Results of Antidumping
Duty Administrative Review and Preliminary
Determination of No Shipments; 2021–2022, 88 FR
50836 (August 2, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
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85587
September 6, 2022, pursuant to section
751(a)(1) of the Tariff Act of 1930, as
amended (the Act), Commerce initiated
an administrative review of the Order
covering 11 respondents.2 However,
pursuant to the final judgment of the
U.S. Court of International Trade (the
Court) in Prosperity V,3 concerning the
litigation for the underlying less-thanfair-value (LTFV) investigation of the
Order,4 Commerce issued an amended
final antidumping duty determination of
sales at LTFV which reflects a below de
minimis margin for the collapsed YP/
Synn entity which resulted in the
exclusion of YP and Synn from the
Order and all subsequent segments of
the proceeding, including the instant
administrative review.5 Accordingly,
the Preliminary Results provided
notification of the discontinuation of the
instant administrative review with
respect to a respondent selected for
individual examination, YP, and a nonselected respondent, Synn.6 As a result,
Prosperity remains the sole
individually-examined respondent in
this review.
We received a case brief from
Cleveland-Cliffs Inc. and Steel
Dynamics Inc. (collectively, the
petitioners).7 A complete summary of
the events that occurred since
publication of the Preliminary Results is
found in the Issues and Decision
Memorandum.8 Commerce conducted
2 The respondents are: (1) Yieh Phui Enterprise
Co., Ltd. (YP); (2) Prosperity Tieh Enterprise Co.,
Ltd. (Prosperity); (3) Sheng Yu Steel Co., Ltd.
(SYSCO); (4) Synn Industrial Co., Ltd. (Synn); (5)
China Steel Corporation (CSC); (6) Chung Hung
Steel Corporation (CHSC); (7) Great Fortune Steel
Co., Ltd. (Great Fortune); (8) Great Grandeul Steel
Co., Ltd. (Great Grandeul); (9) Great Grandeul Steel
Company Limited (Somoa) (also known as, Great
Grandeul Steel Company Limited Somoa) (Great
Grandeul Somoa); (10) Great Grandeul Steel
Corporation (Great Grandeul Steel); and (11)
Xxentria. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463 (September 6, 2022).
3 See Prosperity Tieh Enterprise Co., Ltd. and
Yieh Phui Enterprise Co., Ltd. v. United States,
Consolidated Court No. 16–00138, Slip Op. 23–95
(CIT 2023) (Prosperity V).
4 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016) (Order).
5 See Corrosion-Resistant Steel Products from
Taiwan: Notice of Third Amended Final
Determination of Sales at Less Than Fair Value
Pursuant to Court Decision and Partial Exclusion
from Antidumping Duty Order, 88 FR 58245
(August 25, 2023) (Third Amended Final
Determination).
6 See Preliminary Results, 88 FR at 50836.
7 See Petitioners’ Letter, ‘‘Petitioners’ Case Brief,’’
dated September 1, 2023.
8 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review: Certain Corrosion-
E:\FR\FM\08DEN1.SGM
Continued
08DEN1
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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices
this review in accordance with section
751(a) of the Act.
Scope of the Order
The product covered by the Order is
flat-rolled steel products, either clad,
plated, or coated with corrosionresistant metals such as zinc, aluminum,
or zinc-, aluminum-, nickel- or ironbased alloys, whether or not corrugated
or painted, varnished, laminated, or
coated with plastics or other nonmetallic substances in addition to the
metallic coating. For the full text of the
scope of the Order, see the Issues and
Decision Memorandum.
the POR for Xxentria.11 Therefore, we
continue to determine that Xxentria
made no shipments of subject
merchandise during the POR. Consistent
with our practice, we will instruct CBP
to liquidate any existing entries of
subject merchandise produced by
Xxentria, but exported by other parties,
at the rate for the intermediate reseller,
if available, or at the all-others rate.12
Rate for Respondents Not Selected for
Individual Examination
For the rate assigned to companies not
selected for individual examination in
an administrative review, generally,
Commerce looks to section 735(c)(5) of
Analysis of the Comments Received
the Act, which provides instructions for
All issues raised in the case brief are
calculating the all-others rate in a LTFV
addressed in the Issues and Decision
investigation. Under section
Memorandum.9 A list of the issues
735(c)(5)(A) of the Act, the all-others
which parties raised, and to which we
rate is normally ‘‘an amount equal to the
respond in the Issues and Decision
weighted average of the estimated
Memorandum, is attached in the
weighted-average dumping margins
appendix to this notice. The Issues and
established for exporters and producers
Decision Memorandum is a public
individually investigated, excluding any
document and is on file electronically
zero or de minimis margins, and any
via Enforcement and Compliance’s
margins determined entirely {on the
Antidumping and Countervailing Duty
basis of facts available}.’’
Centralized Electronic System
In this administrative review, we have
(ACCESS). ACCESS is available to
calculated a weighted-average dumping
registered users at https://
margin for the sole mandatory
access.trade.gov. In addition, a complete respondent, Prosperity, that is not zero,
version of the Issues and Decision
de minimis, or based entirely on facts
Memorandum can be accessed directly
available (i.e., 0.71 percent).
at https://access.trade.gov/public/
Accordingly, we have assigned this rate
FRNoticesListLayout.aspx.
to the non-selected respondents CSC,
CHSC, Great Fortune, Great Grandeul,
Changes Since the Preliminary Results
Great Grandeul Somoa, Great Grandeul
Based on a review of the record and
Steel, and SYSCO.
analysis of the comments received from
Final Results of Review
the petitioners regarding our
Preliminary Results, we made changes
Commerce preliminarily determines
to the preliminary weighted-average
the following estimated weighteddumping margins calculations for
average dumping margins exist for the
Prosperity and for respondents not
period July 1, 2021, through June 30,
selected for individual examination. For 2022:
detailed information, see the Issues and
WeightedDecision Memorandum.
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Final Determination of No Shipments
In the Preliminary Results, Commerce
preliminarily determined that Xxentria
made no shipments of subject
merchandise into the United States
during the POR.10 We have not received
any information to contradict this
determination, nor comment in
opposition to our preliminary finding.
Furthermore, on August 23, 2023,
Commerce was notified by U.S. Customs
and Border Protection (CBP) that it has
no record of any subject entries during
Resistant Steel Products from Taiwan; 2021–2022,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
9 Id.
10 See Preliminary Results, 88 FR at 50836–37.
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16:50 Dec 07, 2023
Jkt 262001
Exporter/producer
Great Grandeul Steel Company
Limited (Somoa) ......................
Great Grandeul Steel Corporation ..........................................
Sheng Yu Steel Co., Ltd ............
Weightedaverage
dumping
margin
(percent)
0.71
0.71
0.71
Disclosure
We intend to disclose to interested
parties the calculations and analysis
performed for these final results within
five days of the date of the publication
of this notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. 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 those sales. Where the
respondent did not report entered value,
we calculated the entered value in order
to calculate the assessment rate. Where
either the respondent’s weightedaverage 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.13 For entries of
subject merchandise during the POR
produced by Prosperity for which it did
not know its merchandise was destined
for the United States, we will instruct
CBP to liquidate unreviewed entries at
average
the all-others rate if there is no rate for
Exporter/producer
dumping
the intermediate company(ies) involved
margin
in the transaction.
(percent)
The final results of this review shall
be the basis for the assessment of
Prosperity Tieh Enterprise Co.,
Ltd ...........................................
0.71 antidumping duties on entries of
China Steel Corporation .............
0.71 merchandise covered by the final results
Chung Hung Steel Corporation ..
0.71 of this review and for future deposits of
Great Fortune Steel Co., Ltd ......
0.71 estimated duties, where applicable.14
Great Grandeul Steel Co., Ltd ...
0.71
For the companies which were not
selected
for individual examination, we
11 See Memorandum, ‘‘No Shipment Inquiry for
will instruct CBP to assess antidumping
Xxentria Technology Materials Co., Ltd. during the
period 07/01/2021 through 06/30/2022,’’ dated
August 23, 2023.
12 See, e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
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13 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 Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
14 See section 751(a)(2)(C) of the Act.
E:\FR\FM\08DEN1.SGM
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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices
duties at an ad valorem assessment rate
equal to the company-specific weightedaverage dumping margin determined in
these final results. 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
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The following cash deposit
requirements will be effective for all
shipments of 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 margins
established in the final results of this
administrative review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior completed segment of
the proceeding, the cash deposit rate
will continue to be the companyspecific rate published 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
complete segment of this proceeding,
then the cash deposit rate will be the
rate established for the most recent
period for the producer of the
merchandise; (4) the cash deposit rate
for all other manufacturers or exporters
will continue to be 11.04 percent,15 the
all-others rate from the Third Amended
Final Determination.16 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
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
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
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 these
final results of administrative review in
accordance with sections 751(a)(1) of
the Act, and 19 CFR 351.221(b)(5).
Dated: November 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
DATES:
85589
Applicable December 8, 2023.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2023, Commerce published
its preliminary results in the 2021–2022
administrative review of the
antidumping duty order on
silicomanganese from India and invited
interested parties to comment.1 The
review covers one mandatory
respondent, Maithan Alloys Limited
(MAL). A summary of the events that
occurred since publication of 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.2
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(B) of the Tariff
Act of 1930, as amended (the Act).
Scope of the Order
Notification to Importers
International Trade Administration
The products covered by the order are
all forms, sizes, and compositions of
silicomanganese, except low-carbon
silicomanganese, including
silicomanganese briquettes, fines, and
slag. Silicomanganese is properly
classifiable under subheading
7202.30.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Some silicomanganese may also be
classified under HTSUS subheading
7202.99.5040. This scope covers all
silicomanganese, regardless of its tariff
classification. Although the HTSUS
subheadings are provided for
convenience and U.S. Customs and
Border Protection (CBP) purposes, our
written description of the scope remains
dispositive. For a complete description
of the scope of the order, see the Issues
and Decision Memorandum.
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
[A–533–823]
Analysis of Comments Received
Silicomanganese From India: Final
Results of Antidumping Duty
Administrative Review; 2021–2022
All issues raised in parties’ case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum and
are listed in the appendix to this notice.
15 See
Corrosion-Resistant Steel Products from
Taiwan: Notice of Court Decision Not in Harmony
with Final Determination of Antidumping Duty
Investigation and Notice of Amended Final
Determination of Investigation, 84 FR 6129
(February 26, 2019) (Amended Final
Determination).
16 See Third Amended Determination, 88 FR at
58247.
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16:50 Dec 07, 2023
Jkt 262001
Appendix
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
Comment 1: Whether to Revise the Period
Reviewed in the Comparison Market and
Margin Calculation Programs
Comment 2: Whether to Revise Aggregate
Price Adjustment Variables in the
Margin Calculation Program
VI. Recommendation
[FR Doc. 2023–26998 Filed 12–7–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
silicomanganese from India was sold in
the United States at less than normal
value during the period of review (POR)
May 1, 2021, through April 30, 2022.
AGENCY:
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1 See Silicomanganese from India: Preliminary
Results of Antidumping Duty Administrative
Review; 2021–2022, 88 FR 37021 (June 6, 2023)
(Preliminary Results).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Silicomanganese from India; 2021–2022,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
E:\FR\FM\08DEN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85587-85589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26998]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan: Final
Results of the Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
producers/exporters subject to this review made sales of subject
merchandise at less than normal value (NV) during the period of review
(POR) July 1, 2021, through June 30, 2022. We further determine that
Xxentria Technology Materials Company Ltd. (Xxentria) had no shipments
of subject merchandise during the POR.
DATES: Applicable December 8, 2023.
FOR FURTHER INFORMATION CONTACT: Matthew Palmer or Deborah Cohen, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1678 and (202)
482-4521, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2023, Commerce published the Preliminary Results for
this administrative review and invited interested parties to
comment.\1\ On September 6, 2022, pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act), Commerce initiated an
administrative review of the Order covering 11 respondents.\2\ However,
pursuant to the final judgment of the U.S. Court of International Trade
(the Court) in Prosperity V,\3\ concerning the litigation for the
underlying less-than-fair-value (LTFV) investigation of the Order,\4\
Commerce issued an amended final antidumping duty determination of
sales at LTFV which reflects a below de minimis margin for the
collapsed YP/Synn entity which resulted in the exclusion of YP and Synn
from the Order and all subsequent segments of the proceeding, including
the instant administrative review.\5\ Accordingly, the Preliminary
Results provided notification of the discontinuation of the instant
administrative review with respect to a respondent selected for
individual examination, YP, and a non-selected respondent, Synn.\6\ As
a result, Prosperity remains the sole individually-examined respondent
in this review.
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from Taiwan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021-2022, 88 FR 50836
(August 2, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ The respondents are: (1) Yieh Phui Enterprise Co., Ltd.
(YP); (2) Prosperity Tieh Enterprise Co., Ltd. (Prosperity); (3)
Sheng Yu Steel Co., Ltd. (SYSCO); (4) Synn Industrial Co., Ltd.
(Synn); (5) China Steel Corporation (CSC); (6) Chung Hung Steel
Corporation (CHSC); (7) Great Fortune Steel Co., Ltd. (Great
Fortune); (8) Great Grandeul Steel Co., Ltd. (Great Grandeul); (9)
Great Grandeul Steel Company Limited (Somoa) (also known as, Great
Grandeul Steel Company Limited Somoa) (Great Grandeul Somoa); (10)
Great Grandeul Steel Corporation (Great Grandeul Steel); and (11)
Xxentria. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6, 2022).
\3\ See Prosperity Tieh Enterprise Co., Ltd. and Yieh Phui
Enterprise Co., Ltd. v. United States, Consolidated Court No. 16-
00138, Slip Op. 23-95 (CIT 2023) (Prosperity V).
\4\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016) (Order).
\5\ See Corrosion-Resistant Steel Products from Taiwan: Notice
of Third Amended Final Determination of Sales at Less Than Fair
Value Pursuant to Court Decision and Partial Exclusion from
Antidumping Duty Order, 88 FR 58245 (August 25, 2023) (Third Amended
Final Determination).
\6\ See Preliminary Results, 88 FR at 50836.
---------------------------------------------------------------------------
We received a case brief from Cleveland-Cliffs Inc. and Steel
Dynamics Inc. (collectively, the petitioners).\7\ A complete summary of
the events that occurred since publication of the Preliminary Results
is found in the Issues and Decision Memorandum.\8\ Commerce conducted
[[Page 85588]]
this review in accordance with section 751(a) of the Act.
---------------------------------------------------------------------------
\7\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated
September 1, 2023.
\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Certain
Corrosion-Resistant Steel Products from Taiwan; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is flat-rolled steel products,
either clad, plated, or coated with corrosion-resistant metals such as
zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys,
whether or not corrugated or painted, varnished, laminated, or coated
with plastics or other non-metallic substances in addition to the
metallic coating. For the full text of the scope of the Order, see the
Issues and Decision Memorandum.
Analysis of the Comments Received
All issues raised in the case brief are addressed in the Issues and
Decision Memorandum.\9\ A list of the issues which parties raised, and
to which we respond in the Issues and Decision Memorandum, is attached
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
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.
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and analysis of the comments
received from the petitioners regarding our Preliminary Results, we
made changes to the preliminary weighted-average dumping margins
calculations for Prosperity and for respondents not selected for
individual examination. For detailed information, see the Issues and
Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Xxentria made no shipments of subject merchandise into the United
States during the POR.\10\ We have not received any information to
contradict this determination, nor comment in opposition to our
preliminary finding. Furthermore, on August 23, 2023, Commerce was
notified by U.S. Customs and Border Protection (CBP) that it has no
record of any subject entries during the POR for Xxentria.\11\
Therefore, we continue to determine that Xxentria made no shipments of
subject merchandise during the POR. Consistent with our practice, we
will instruct CBP to liquidate any existing entries of subject
merchandise produced by Xxentria, but exported by other parties, at the
rate for the intermediate reseller, if available, or at the all-others
rate.\12\
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\10\ See Preliminary Results, 88 FR at 50836-37.
\11\ See Memorandum, ``No Shipment Inquiry for Xxentria
Technology Materials Co., Ltd. during the period 07/01/2021 through
06/30/2022,'' dated August 23, 2023.
\12\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Rate for Respondents Not Selected for Individual Examination
For the rate assigned to companies not selected for individual
examination in an administrative review, generally, Commerce looks to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a LTFV investigation. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted-average dumping
margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
In this administrative review, we have calculated a weighted-
average dumping margin for the sole mandatory respondent, Prosperity,
that is not zero, de minimis, or based entirely on facts available
(i.e., 0.71 percent). Accordingly, we have assigned this rate to the
non-selected respondents CSC, CHSC, Great Fortune, Great Grandeul,
Great Grandeul Somoa, Great Grandeul Steel, and SYSCO.
Final Results of Review
Commerce preliminarily determines the following estimated weighted-
average dumping margins exist for the period July 1, 2021, through June
30, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd......................... 0.71
China Steel Corporation..................................... 0.71
Chung Hung Steel Corporation................................ 0.71
Great Fortune Steel Co., Ltd................................ 0.71
Great Grandeul Steel Co., Ltd............................... 0.71
Great Grandeul Steel Company Limited (Somoa)................ 0.71
Great Grandeul Steel Corporation............................ 0.71
Sheng Yu Steel Co., Ltd..................................... 0.71
------------------------------------------------------------------------
Disclosure
We intend to disclose to interested parties the calculations and
analysis performed for these final results within five days of the date
of the publication of this notice in the Federal Register in accordance
with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. 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 those
sales. Where the respondent did not report entered value, we calculated
the entered value in order to calculate the assessment rate. Where
either 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.\13\ For entries of subject merchandise during the POR produced
by Prosperity for which it did not know its merchandise was destined
for the United States, 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.
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\13\ 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 Duty Proceedings; Final Modification, 77
FR 8101 (February 14, 2012).
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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.\14\
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\14\ See section 751(a)(2)(C) of the Act.
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For the companies which were not selected for individual
examination, we will instruct CBP to assess antidumping
[[Page 85589]]
duties at an ad valorem assessment rate equal to the company-specific
weighted-average dumping margin determined in these final results.
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 for all
shipments of 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 margins established in the
final results of this administrative review; (2) for merchandise
exported by producers or exporters not covered in this review but
covered in a prior completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
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 complete segment of this
proceeding, then the cash deposit rate will be the rate established for
the most recent period for the producer of the merchandise; (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 11.04 percent,\15\ the all-others rate from the Third
Amended Final Determination.\16\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\15\ See Corrosion-Resistant Steel Products from Taiwan: Notice
of Court Decision Not in Harmony with Final Determination of
Antidumping Duty Investigation and Notice of Amended Final
Determination of Investigation, 84 FR 6129 (February 26, 2019)
(Amended Final Determination).
\16\ See Third Amended Determination, 88 FR at 58247.
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Notification to Importers
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 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 disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/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 these final results of administrative
review in accordance with sections 751(a)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: November 21, 2023.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Revise the Period Reviewed in the
Comparison Market and Margin Calculation Programs
Comment 2: Whether to Revise Aggregate Price Adjustment
Variables in the Margin Calculation Program
VI. Recommendation
[FR Doc. 2023-26998 Filed 12-7-23; 8:45 am]
BILLING CODE 3510-DS-P
