Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Final Determination of No Reviewable Sales; 2021-2022, 6503-6506 [2024-02003]

Download as PDF Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Notices Dated: January 25, 2024. 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. Subsidies Valuation Information V. Analysis of Programs VI. Discussion of the Issues Comment 1: Whether Electricity Is Subsidized by the Government of Korea (GOK) Comment 2: Whether the Korea Emissions Trading System (K–ETS) Is Countervailable Comment 3: Whether Hyundai Steel Company (Hyundai Steel) and Hyundai Green Power (HGP) Are Cross-Owned Comment 4: Whether KG Dongbu Steel Co., Ltd. (KG Dongbu) Is Equityworthy and the 2015–2018 Debt-to-Equity Swaps Should Be Countervailed Comment 5: Whether Subsidies Prior to Dongbu Steel Co., Ltd.’s (Dongbu Steel) Change in Ownership (CIO) Pass Through to KG Dongbu Comment 6: Whether Commerce Incorrectly Calculated the Uncreditworthy Benchmark Rate and Unequityworthy Discount Rate Comment 7: Whether Commerce Used the Correct Uncreditworthy Rate in the Benefit Calculation for the Long-Term Loan and Bond Restructured in 2019 Comment 8: Whether Commerce Incorrectly Included Long-Term Bonds Received From a Private Bank in its Calculation of Benefit for Restructured Loans VIII. Recommendation [FR Doc. 2024–02019 Filed 1–31–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–854] Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Final Determination of No Reviewable Sales; 2021–2022 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that certain steel nails from Taiwan were sold in the United States at less than normal value during the period of review (POR), July 1, 2021, through June 30, 2022. Commerce also determines that certain companies under review ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 17:12 Jan 31, 2024 Jkt 262001 made no shipments of certain steel nails from Taiwan or had no reviewable sales during the POR. DATES: Applicable February 1, 2024. FOR FURTHER INFORMATION CONTACT: Faris Montgomery, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1537. SUPPLEMENTARY INFORMATION: Background On August 3, 2023, Commerce published the preliminary results in the 2021–2022 administrative review of the antidumping duty order on certain steel nails from Taiwan and invited interested parties to comment.1 The review covers 140 companies, including three mandatory respondents, four companies claiming no shipments of subject merchandise during the POR, three companies claiming no reviewable sales during the POR, and 130 companies not selected for individual examination.2 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 included in the Issues and Decision Memorandum.3 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 4 The merchandise covered by this Order are certain steel nails from Taiwan. The certain steel nails subject to the Order are currently classifiable under Harmonized Tariff Schedule of 1 See Certain Steel Nails from Taiwan: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, Preliminary Determination of No Reviewable Sales, and Partial Rescission of Review; 2021–2022, 88 FR 51291 (August 3, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 Id. The mandatory respondents in this review are: Your Standing International, Inc. (YSI); Shang Jeng Nail Co., Ltd. (Shang Jeng); and World Kun Company Limited (World Kun). We note that Concord International Engineering & Trading Co., Ltd. was selected as a mandatory respondent, but claimed to have no reviewable sales in its questionnaire responses. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Certain Steel Nails from Taiwan; 2021–2022,’’ 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). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 6503 the United States (HTSUS) subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain steel nails subject to this Order also may be classified under HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this Order is dispositive. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in parties’ case and rebuttal briefs are addressed in the Issues and Decision Memorandum and are listed in appendix I 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 our findings at verification, Commerce made certain changes to the margin calculations for YSI. The Issues and Decision Memorandum contains descriptions of these changes. Final Determination of No Shipments In the Preliminary Results, Commerce determined that the following companies had no shipments of subject merchandise during the POR: Astrotech Steels Private Limited (Astrotech); Region Systems Sdn. Bhd (Region Systems); Region Industries Co., Ltd. (Region Industries); and Region International Co., Ltd (Region International).5 As we have not received any information to contradict this determination, consistent with our practice, we will instruct U.S. Customs and Border Protection (CBP) to liquidate any existing entries of subject merchandise produced by these four companies, but exported by other parties, at the all-others rate if there is 5 See E:\FR\FM\01FEN1.SGM Preliminary Results, 88 FR at 51292. 01FEN1 6504 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Notices no rate for the intermediate company(ies) involved in the transaction. the unaffiliated producers, or the allothers rate if there is no rate for the unaffiliated producers.7 companies a rate of 78.17 percent, which is the highest rate applied in any segment of this proceeding. Final Determination of No Reviewable Sales In the Preliminary Results, Commerce determined that resellers Create Trading Co., Ltd. (Create Trading), Wiresmith Industrial Co., Ltd. (Wiresmith), and Concord International Engineering & Trading Co., Ltd. (Concord International) had no reviewable sales of subject merchandise during the POR.6 As we find that there is no evidence on the record of this review which warrants a different determination, we continue to find that these three companies had no reviewable sales during the POR. As discussed further in the ‘‘Assessment Rates’’ section below, we will instruct CBP to liquidate any existing entries of subject merchandise produced by Create Trading, Wiresmith, and Concord International’s respective unaffiliated suppliers and attributed to Create Trading, Wiresmith, and Concord International at the rate applicable to Facts Available Pursuant to section 776(a)(1) and 776(a)(2)(A)–(C) of the Act, we are relying upon facts otherwise available to assign estimated dumping margins to mandatory respondents Shang Jeng and World Kun because both companies were unresponsive to our requests for information, and thereby withheld necessary information that was requested by Commerce, failed to provide the information requested by the specified deadlines in the form and manner requested, and significantly impeded the conduct of the review. Further, Commerce finds that Shang Jeng and World Kun failed to cooperate by not acting to the best of their ability to comply with requests for information and, thus, Commerce is applying an adverse inference in selecting among the facts available, in accordance with section 776(b) of the Act. As adverse facts available, we are assigning these Rate for Non-Selected Companies As we stated in the Preliminary Results, the weighted-average dumping margin for YSI is not zero, de minimis, or based entirely on facts otherwise available, whereas other selected mandatory respondents’ weightedaverage dumping margins are based entirely on facts available. Commerce, therefore, assigned a weighted-average dumping margin to the non-examined companies that is equal to the weightedaverage dumping margin for YSI in accordance with its practice. This determination is unchanged for the final results. Final Results of Review We have determined the following dumping margins for the firms listed below for the period July 1, 2021, through June 30, 2022: Weighted-average dumping margin (percent) Exporter/producer Your Standing International, Inc .................................................................................................................................................. Shang Jeng Nail Co., Ltd ............................................................................................................................................................ World Kun Company Limited ....................................................................................................................................................... Companies under Review Not Selected for Individual Examination 8 ........................................................................................ Disclosure We intend to disclose the calculations performed for YSI within five days of the date of publication of this notice to parties in this proceeding, in accordance with 19 CFR 351.224(b). ddrumheller on DSK120RN23PROD with NOTICES1 Assessment Rates Commerce has determined, and CBP shall assess, antidumping duties on all appropriate entries in this review, in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of these final results 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 6 Id. 7 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954, 23954 (May 6, 2003) (Assessment of Antidumping Duties); see also Certain Pasta from Turkey: Notice of Preliminary Results of Antidumping Duty Administrative Review, 76 FR 23974, 23977 (April 29, 2011), unchanged in Pasta VerDate Sep<11>2014 17:12 Jan 31, 2024 Jkt 262001 26.28 78.17 78.17 26.28 for a statutory injunction has expired (i.e., within 90 days of publication). Pursuant to 19 CFR 351.212(b)(1), because YSI’s weighted-average dumping margin is not zero or de minimis within the meaning of 19 CFR 351.106(c)(1), we calculated importerspecific antidumping duty assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer’s examined sales to the total entered value of those sales.9 Where we do not have entered values for all U.S. sales to a particular importer, we calculated an importer-specific, per-unit assessment rate on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales to the total quantity of those sales. To determine whether an importerspecific, per-unit assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2), we also will calculate an importer-specific ad valorem ratio based on estimated entered values. Where an importer-specific assessment rate is zero or de minimis, we intend to instruct CBP to liquidate appropriate entries without regard to antidumping duties.10 For entries of subject merchandise during the POR produced by an individually examined respondent for which it did not know its merchandise was destined for the United States, we intend to instruct CBP to liquidate such entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.11 In addition, because we found no shipments of subject merchandise for Astrotech, Region Systems, Region Industries, and Region International in the final results, any suspended entries made under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the all-others rate if there from Turkey: Notice of Final Results of the 14th Antidumping Duty Administrative Review, 76 FR 68399 (November 4, 2011). 8 See appendix II for a list of these companies. 9 See 19 CFR 351.212(b)(1). 10 See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 2012). 11 See Assessment of Antidumping Duties, 68 FR at 23954. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Notices is no rate for the intermediate company(ies) involved in the transaction. Because we continue to find Concord International, Create Trading, and Wiresmith had no reviewable entries during the POR in the final results, any suspended entries of subject merchandise associated with these companies will be liquidated at the rate applicable to the unaffiliated producers, or the all-others rate if there is no rate for the unaffiliated producers. For the companies which were not selected for individual examination listed in appendix II, we assigned an antidumping duty assessment rate equal to the weighted-average dumping margin determined for these companies in the final results of review (i.e., the margin for the sole cooperating mandatory respondent YSI). ddrumheller on DSK120RN23PROD with NOTICES1 Cash Deposit Requirements The following cash deposit requirements will be in effect 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 YSI, Shang Jeng, World Kun, and the companies listed in appendix II will be equal to the appropriate dumping margin established in the final results of this administrative review; (2) for previously reviewed or investigated companies not covered in this review, the cash deposit rate will continue to be the companyspecific rate published for the most recently-completed segment of this proceeding in which the company was reviewed; (3) if the exporter is not a firm covered in this review, a prior completed review, or the less-than-fair value (LTFV) investigation, but the producer is, then the cash deposit rate will be the company-specific rate established for the most recentlycompleted segment of this proceeding for the producer of subject merchandise; and (4) the cash deposit rate for all other producers and exporters will continue to be 2.16 percent, the all-others rate established in the LTFV investigation, as amended.12 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility 12 See Certain Steel Nails from Taiwan: Notice of Court Decision Not in Harmony With Final Determination in Less Than Fair Value Investigation and Notice of Amended Final Determination, 82 FR 55090 (November 20, 2017). VerDate Sep<11>2014 17:12 Jan 31, 2024 Jkt 262001 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 final 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/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) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Dated: January 26, 2024. 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 Include San Shing Fastech Corporation’s (San Shing) Financial Data in the Calculation of Profit and Indirect Selling Expenses (ISE) for Constructed Value (CV) Comment 2: Whether Commerce Should Find YSI and Its Toller Affiliated and Refer Potential Duty Evasion to U.S. Customs and Border Protection (CBP) Comment 3: Whether Commerce Should Continue To Apply Adverse Facts Available (AFA) to Shang Jeng Nail Co., Ltd. (Shang Jeng) and World Kun Company Limited (World Kun) VI. Recommendation Appendix II List of Companies Under Review Not Selected for Individual Examination 1. A-Jax Enterprises Limited 2. A-Jax International Company Limited 3. A-Stainless International Company Limited PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 6505 4. Advanced Global Sourcing Limited 5. Aimreach Enterprises Company Limited 6. Alisios International Corporation 7. Allwin Architectural Hardware Inc. 8. A.N. Cooke Manufacturing Co., Pty., Limited 9. Asia Engineered Components 10. Asia Link Industrial Corporation 11. Asia Smarten Way Corp. (Taiwan) 12. Autolink International Company Limited 13. BCR Inc. 14. Bestwell International Corporation 15. Boss Precision Works Co., Ltd. 16. Budstech CI Limited 17. Bulls Technology Company Limited 18. Canatex Industrial Company Limited 19. Cata Company Limited 20. Cenluxmetals Company Limited 21. Chang Bin Industrial Co., Ltd. 22. Channg Chin Industry Corporation 23. Charng Yu Industrial Company 24. Chen Nan Iron Wire Co., Ltd. 25. Chen Yu-Lan 26. Chia Da Fastener Company Limited 27. Chiang Shin Fasteners Industries Ltd. 28. Chin Tai Sing Precision Manufactory Co., Ltd. 29. Chun Yu Works & Company Limited 30. Cross International Co., Ltd. 31. Da Wing Industry Company Limited 32. Dar Yu Enterprise Co., Ltd. 33. Eagre International Trade Co., Ltd. 34. Ever-Top Hardware Corporation 35. Excel Components Manufacturing Co., Ltd. 36. Fastguard Fastening Systems Inc. 37. Fastnet Corporation 38. Fujian Xinhong Mech. & Elec. Co., Ltd. 39. Funtec International Co., Ltd. 40. Fuzhou Royal Floor Co., Ltd. 41. FWU Kuang Enterprise Co., Ltd. 42. GoFast Company Limited 43. H–H Fasteners Company 44. H-Locker Components Inc. 45. Hau Kawang Enterprise Co., Ltd. 46. Hecny Group 47. Hi-Sharp Industrial Corp., Ltd. 48. Hom Wei Enterprise Corporation 49. HWA Hsing Screw Industry Co., Ltd. 50. Hwaguo Industrial Fasteners Co., Ltd. 51. Hy-Mart Fastener Co., Ltd. 52. Hyup Sung Indonesia 53. In Precision Link Co., Ltd. 54. Intai Technology Corporation 55. JCH Hardware Company Inc. 56. Jet Crown International Co., Ltd. 57. Ji Li Deng Fasteners Co., Ltd. 58. Jinhai Hardware Co., Ltd. 59. Jinn Her Enterprise Limited 60. Jockey Ben Metal Enterprise Co., Ltd. 61. Kan Good Enterprise Co., Ltd. 62. Katsuhana Fasteners Corporation 63. Kay Guay Enterprises Co., Ltd. 64. Key Use Industrial Works Co., Ltd. 65. KOT Components Co., Ltd. 66. K. Ticho Industries Co., Ltd. 67. K Win Fasteners Inc. 68. Kuan Hsin Screw Industry Co., Ltd. 69. Liang Ying Fasteners Industry Co., Ltd. 70. Long Chan Enterprise Co., Ltd. 71. Lu Chu Shin Yee Works Co., Ltd. 72. Mechanical Hardwares Co. 73. Midas Union Co., Ltd. 74. Min Hwei Enterprise Co., Ltd. 75. Ming Cheng Precision Co., Ltd. 76. Ming Zhan Industrial Co., Ltd. E:\FR\FM\01FEN1.SGM 01FEN1 6506 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Notices 77. ML Global Ltd. 78. Newfast Co., Ltd. 79. Noah Enterprise Co., Ltd. 80. Nytaps Taiwan Corporation 81. Pao Shen Enterprises Co., Ltd. 82. Par Excellence Industrial Co., Ltd. 83. Pengteh Industrial Co., Ltd. 84. Pneumax Corp. 85. Printech T Electronics Corporation 86. Pro-an International Co., Ltd. 87. Pronto Great China Corp. 88. Professional Fasteners Development Co., Ltd. 89. P.S.M. Fasteners (Asia) Limited 90. Qi Ding Enterprise Co., Ltd. 91. Right Source Co., Ltd. 92. Rodex Fasteners Corp. 93. Rong Chang Metal Co., Ltd. 94. San Shing Fastech Corporation 95. SBSCQ Taiwan Limited 96. Shanxi Pioneer Hardware Industrial Co., Ltd. 97. Somax Enterprise Co., Ltd. 98. Spec Products Corporation 99. Star World Product and Trading Co., Ltd. 100. Sumeeko Industries Co., Ltd. 101. Sunshine Spring Co., Ltd. 102. Suntec Industries Co., Ltd. 103. Supreme Fasteners Corp. 104. Szu I Industries Co., Ltd. 105. Tag Fasteners Sdn. Bhd. 106. Taifas Corporation 107. Taiwan Geer-Tai Works Co., Ltd. 108. Taiwan Quality Fastener Co., Ltd. 109. Team Builder Enterprise Limited 110. Techno Associates Taiwan Co., Ltd. 111. Techup Development Co., Ltd. 112. TG Co., Ltd. 113. Tianjin Jinchi Metal Products Co. Ltd. 114. Topps Wang International Ltd. 115. Ume-Pride International Inc. 116. Unistrong Industrial Co., Ltd. 117. United Nail Products Co. Ltd. 118. Vanguard International Co., Ltd. 119. Wa Tai Industrial Co., Ltd. 120. Win Fastener Corporation 121. WTA International Co., Ltd. 122. Wumax Industry Co., Ltd. 123. Wyser International Corporation 124. Yeun Chang Hardware Tool Company Limited 125. Yng Tran Enterprise Company Limited 126. Yoh Chang Enterprise Company Limited 127. Yow Chern Company 128. Yumark Enterprises Corporation 129. Yu Tai World Co., Ltd. 130. Zenith Good Enterprise Corporation [FR Doc. 2024–02003 Filed 1–31–24; 8:45 am] ddrumheller on DSK120RN23PROD with NOTICES1 BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:12 Jan 31, 2024 Jkt 262001 DEPARTMENT OF COMMERCE National Institute of Standards and Technology Notice of Availability of Draft Programmatic Environmental Assessment for Modernization and Internal Expansion of Existing Semiconductor Fabrication Facilities Under the CHIPS Incentives Program National Institute of Standards and Technology, Department of Commerce. ACTION: Notice; availability of a Draft Programmatic Environmental Assessment; extension of comment period. AGENCY: The National Institute of Standards and Technology (NIST) is extending the period for submitting comments on the Draft Programmatic Environmental Assessment (PEA) for the modernization and internal expansion of existing semiconductor fabrication facilities under the CHIPS Incentives Program. The original deadline for public comments was January 25, 2024. NIST is extending the deadline until February 9, 2024. DATES: The comment period for the notice published December 27, 2023, at 88 FR 89372, is extended. Comments must be received on or before February 9, 2024. Comments received after January 25, 2024, and before publication of this notice are deemed to be timely. Those who have already submitted comments need not resubmit. ADDRESSES: The PEA is available for download and review at https:// www.nist.gov/chips/nationalenvironmental-policy-act-nepa, under the heading ‘‘NEPA Public Involvement.’’ You may submit comments on the PEA by the following methods: Electronic Submission: Submit all electronic public comments via email to ChipsNEPA@chips.gov citing ‘‘Modernization PEA’’ in the subject line. NIST will accept comments in attached Word or PDF formats or within the body of the email. By mail: Comments can also be mailed to the CHIPS Incentives Program at: Department of Commerce; HCHB Room 7419; ATTN: CPO Environmental Division; 1401 Constitution Ave NW, Washington, DC 20230. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NIST. All comments received are a part of the public record; commenters should not include SUMMARY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information. NIST will accept anonymous comments. The most helpful comments include a specific recommendation, explain the reason for any recommended change, and provide supporting information. NIST will consider all relevant comments received on or before the closing date. FOR FURTHER INFORMATION CONTACT: David Frenkel, NIST, telephone number 240–204–1960, email David.Frenkel@ chips.gov. In a Federal Register notice dated December 27, 2023 (88 FR 89372), NIST announced the availability of the Draft PEA for the modernization and internal expansion of existing semiconductor fabrication facilities under the CHIPS Incentives Program. NIST has prepared the draft PEA in accordance with the National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et seq.) and the Council on Environmental Quality’s (CEQ) NEPA implementing regulations (40 CFR parts 1500 through 1508). The PEA addresses financial assistance for the modernization or internal expansion of existing current-generation and mature-node commercial facilities within their existing footprint throughout the U.S. The original deadline for public comments was January 25, 2024. NIST has received a request for an extension of the comment period due to the length and technical content of the document. NIST is therefore extending the deadline until February 9, 2024. Authority: This notice is provided pursuant to NEPA and CEQ’s NEPA implementing regulations (40 CFR 1506.6). SUPPLEMENTARY INFORMATION: Tamiko Ford, NIST Executive Secretariat. [FR Doc. 2024–02042 Filed 1–31–24; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology CHIPS Manufacturing USA Institute National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of Intent (NOI). AGENCY: The CHIPS Research and Development Office (CHIPS R&D) intends to announce an open competition for a new Manufacturing SUMMARY: E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Notices]
[Pages 6503-6506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02003]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-854]


Certain Steel Nails From Taiwan: Final Results of Antidumping 
Duty Administrative Review, Final Determination of No Shipments, and 
Final Determination of No Reviewable Sales; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain steel nails from Taiwan were sold in the United States at less 
than normal value during the period of review (POR), July 1, 2021, 
through June 30, 2022. Commerce also determines that certain companies 
under review made no shipments of certain steel nails from Taiwan or 
had no reviewable sales during the POR.

DATES: Applicable February 1, 2024.

FOR FURTHER INFORMATION CONTACT: Faris Montgomery, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-1537.

SUPPLEMENTARY INFORMATION:

Background

    On August 3, 2023, Commerce published the preliminary results in 
the 2021-2022 administrative review of the antidumping duty order on 
certain steel nails from Taiwan and invited interested parties to 
comment.\1\ The review covers 140 companies, including three mandatory 
respondents, four companies claiming no shipments of subject 
merchandise during the POR, three companies claiming no reviewable 
sales during the POR, and 130 companies not selected for individual 
examination.\2\ 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 included in the Issues 
and Decision Memorandum.\3\ Commerce conducted this administrative 
review in accordance with section 751(a)(1)(B) of the Tariff Act of 
1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Certain Steel Nails from Taiwan: Preliminary Results of 
Antidumping Duty Administrative Review, Preliminary Determination of 
No Shipments, Preliminary Determination of No Reviewable Sales, and 
Partial Rescission of Review; 2021-2022, 88 FR 51291 (August 3, 
2023) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ Id. The mandatory respondents in this review are: Your 
Standing International, Inc. (YSI); Shang Jeng Nail Co., Ltd. (Shang 
Jeng); and World Kun Company Limited (World Kun). We note that 
Concord International Engineering & Trading Co., Ltd. was selected 
as a mandatory respondent, but claimed to have no reviewable sales 
in its questionnaire responses.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review of 
Certain Steel Nails from Taiwan; 2021-2022,'' 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 merchandise covered by this Order are certain steel nails from 
Taiwan. The certain steel nails subject to the Order are currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 
7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 
7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 
7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 
7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain 
steel nails subject to this Order also may be classified under HTSUS 
subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings. 
While the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this Order is 
dispositive. For a complete description of the scope of the Order, see 
the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in parties' case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum and are listed in 
appendix I 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 our findings at verification, Commerce made certain 
changes to the margin calculations for YSI. The Issues and Decision 
Memorandum contains descriptions of these changes.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that the following 
companies had no shipments of subject merchandise during the POR: 
Astrotech Steels Private Limited (Astrotech); Region Systems Sdn. Bhd 
(Region Systems); Region Industries Co., Ltd. (Region Industries); and 
Region International Co., Ltd (Region International).\5\ As we have not 
received any information to contradict this determination, consistent 
with our practice, we will instruct U.S. Customs and Border Protection 
(CBP) to liquidate any existing entries of subject merchandise produced 
by these four companies, but exported by other parties, at the all-
others rate if there is

[[Page 6504]]

no rate for the intermediate company(ies) involved in the transaction.
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    \5\ See Preliminary Results, 88 FR at 51292.
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Final Determination of No Reviewable Sales

    In the Preliminary Results, Commerce determined that resellers 
Create Trading Co., Ltd. (Create Trading), Wiresmith Industrial Co., 
Ltd. (Wiresmith), and Concord International Engineering & Trading Co., 
Ltd. (Concord International) had no reviewable sales of subject 
merchandise during the POR.\6\ As we find that there is no evidence on 
the record of this review which warrants a different determination, we 
continue to find that these three companies had no reviewable sales 
during the POR. As discussed further in the ``Assessment Rates'' 
section below, we will instruct CBP to liquidate any existing entries 
of subject merchandise produced by Create Trading, Wiresmith, and 
Concord International's respective unaffiliated suppliers and 
attributed to Create Trading, Wiresmith, and Concord International at 
the rate applicable to the unaffiliated producers, or the all-others 
rate if there is no rate for the unaffiliated producers.\7\
---------------------------------------------------------------------------

    \6\ Id.
    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954, 23954 (May 6, 2003) 
(Assessment of Antidumping Duties); see also Certain Pasta from 
Turkey: Notice of Preliminary Results of Antidumping Duty 
Administrative Review, 76 FR 23974, 23977 (April 29, 2011), 
unchanged in Pasta from Turkey: Notice of Final Results of the 14th 
Antidumping Duty Administrative Review, 76 FR 68399 (November 4, 
2011).
---------------------------------------------------------------------------

Facts Available

    Pursuant to section 776(a)(1) and 776(a)(2)(A)-(C) of the Act, we 
are relying upon facts otherwise available to assign estimated dumping 
margins to mandatory respondents Shang Jeng and World Kun because both 
companies were unresponsive to our requests for information, and 
thereby withheld necessary information that was requested by Commerce, 
failed to provide the information requested by the specified deadlines 
in the form and manner requested, and significantly impeded the conduct 
of the review. Further, Commerce finds that Shang Jeng and World Kun 
failed to cooperate by not acting to the best of their ability to 
comply with requests for information and, thus, Commerce is applying an 
adverse inference in selecting among the facts available, in accordance 
with section 776(b) of the Act. As adverse facts available, we are 
assigning these companies a rate of 78.17 percent, which is the highest 
rate applied in any segment of this proceeding.

Rate for Non-Selected Companies

    As we stated in the Preliminary Results, the weighted-average 
dumping margin for YSI is not zero, de minimis, or based entirely on 
facts otherwise available, whereas other selected mandatory 
respondents' weighted-average dumping margins are based entirely on 
facts available. Commerce, therefore, assigned a weighted-average 
dumping margin to the non-examined companies that is equal to the 
weighted-average dumping margin for YSI in accordance with its 
practice. This determination is unchanged for the final results.

Final Results of Review

    We have determined the following dumping margins for the firms 
listed below for the period July 1, 2021, through June 30, 2022:

------------------------------------------------------------------------
                                                       Weighted-average
                  Exporter/producer                     dumping margin
                                                           (percent)
------------------------------------------------------------------------
Your Standing International, Inc....................               26.28
Shang Jeng Nail Co., Ltd............................               78.17
World Kun Company Limited...........................               78.17
Companies under Review Not Selected for Individual                 26.28
 Examination \8\....................................
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \8\ See appendix II for a list of these companies.
---------------------------------------------------------------------------

    We intend to disclose the calculations performed for YSI within 
five days of the date of publication of this notice to parties in this 
proceeding, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Commerce has determined, and CBP shall assess, antidumping duties 
on all appropriate entries in this review, in accordance with section 
751(a)(2)(C) of the Act and 19 CFR 351.212(b). Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after the 
date of publication of these final results 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).
    Pursuant to 19 CFR 351.212(b)(1), because YSI's weighted-average 
dumping margin is not zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), we calculated importer-specific antidumping duty 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for each importer's examined sales to the total 
entered value of those sales.\9\ Where we do not have entered values 
for all U.S. sales to a particular importer, we calculated an importer-
specific, per-unit assessment rate on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total quantity of those sales. To determine whether an importer-
specific, per-unit assessment rate is de minimis, in accordance with 19 
CFR 351.106(c)(2), we also will calculate an importer-specific ad 
valorem ratio based on estimated entered values. Where an importer-
specific assessment rate is zero or de minimis, we intend to instruct 
CBP to liquidate appropriate entries without regard to antidumping 
duties.\10\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.212(b)(1).
    \10\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by an 
individually examined respondent for which it did not know its 
merchandise was destined for the United States, we intend to instruct 
CBP to liquidate such entries at the all-others rate if there is no 
rate for the intermediate company(ies) involved in the transaction.\11\
---------------------------------------------------------------------------

    \11\ See Assessment of Antidumping Duties, 68 FR at 23954.
---------------------------------------------------------------------------

    In addition, because we found no shipments of subject merchandise 
for Astrotech, Region Systems, Region Industries, and Region 
International in the final results, any suspended entries made under 
that exporter's case number (i.e., at that exporter's rate) will be 
liquidated at the all-others rate if there

[[Page 6505]]

is no rate for the intermediate company(ies) involved in the 
transaction.
    Because we continue to find Concord International, Create Trading, 
and Wiresmith had no reviewable entries during the POR in the final 
results, any suspended entries of subject merchandise associated with 
these companies will be liquidated at the rate applicable to the 
unaffiliated producers, or the all-others rate if there is no rate for 
the unaffiliated producers.
    For the companies which were not selected for individual 
examination listed in appendix II, we assigned an antidumping duty 
assessment rate equal to the weighted-average dumping margin determined 
for these companies in the final results of review (i.e., the margin 
for the sole cooperating mandatory respondent YSI).

Cash Deposit Requirements

    The following cash deposit requirements will be in effect 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 YSI, Shang Jeng, 
World Kun, and the companies listed in appendix II will be equal to the 
appropriate dumping margin established in the final results of this 
administrative review; (2) for previously reviewed or investigated 
companies not covered in 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 was 
reviewed; (3) if the exporter is not a firm covered in this review, a 
prior completed review, or the less-than-fair value (LTFV) 
investigation, but the producer is, then the cash deposit rate will be 
the company-specific rate established for the most recently-completed 
segment of this proceeding for the producer of subject merchandise; and 
(4) the cash deposit rate for all other producers and exporters will 
continue to be 2.16 percent, the all-others rate established in the 
LTFV investigation, as amended.\12\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \12\ See Certain Steel Nails from Taiwan: Notice of Court 
Decision Not in Harmony With Final Determination in Less Than Fair 
Value Investigation and Notice of Amended Final Determination, 82 FR 
55090 (November 20, 2017).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during 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 final 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/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) and 777(i) of the Act, and 
19 CFR 351.221(b)(5).

    Dated: January 26, 2024.
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 Include San Shing Fastech Corporation's 
(San Shing) Financial Data in the Calculation of Profit and Indirect 
Selling Expenses (ISE) for Constructed Value (CV)
    Comment 2: Whether Commerce Should Find YSI and Its Toller 
Affiliated and Refer Potential Duty Evasion to U.S. Customs and 
Border Protection (CBP)
    Comment 3: Whether Commerce Should Continue To Apply Adverse 
Facts Available (AFA) to Shang Jeng Nail Co., Ltd. (Shang Jeng) and 
World Kun Company Limited (World Kun)
VI. Recommendation

Appendix II

List of Companies Under Review Not Selected for Individual Examination

1. A-Jax Enterprises Limited
2. A-Jax International Company Limited
3. A-Stainless International Company Limited
4. Advanced Global Sourcing Limited
5. Aimreach Enterprises Company Limited
6. Alisios International Corporation
7. Allwin Architectural Hardware Inc.
8. A.N. Cooke Manufacturing Co., Pty., Limited
9. Asia Engineered Components
10. Asia Link Industrial Corporation
11. Asia Smarten Way Corp. (Taiwan)
12. Autolink International Company Limited
13. BCR Inc.
14. Bestwell International Corporation
15. Boss Precision Works Co., Ltd.
16. Budstech CI Limited
17. Bulls Technology Company Limited
18. Canatex Industrial Company Limited
19. Cata Company Limited
20. Cenluxmetals Company Limited
21. Chang Bin Industrial Co., Ltd.
22. Channg Chin Industry Corporation
23. Charng Yu Industrial Company
24. Chen Nan Iron Wire Co., Ltd.
25. Chen Yu-Lan
26. Chia Da Fastener Company Limited
27. Chiang Shin Fasteners Industries Ltd.
28. Chin Tai Sing Precision Manufactory Co., Ltd.
29. Chun Yu Works & Company Limited
30. Cross International Co., Ltd.
31. Da Wing Industry Company Limited
32. Dar Yu Enterprise Co., Ltd.
33. Eagre International Trade Co., Ltd.
34. Ever-Top Hardware Corporation
35. Excel Components Manufacturing Co., Ltd.
36. Fastguard Fastening Systems Inc.
37. Fastnet Corporation
38. Fujian Xinhong Mech. & Elec. Co., Ltd.
39. Funtec International Co., Ltd.
40. Fuzhou Royal Floor Co., Ltd.
41. FWU Kuang Enterprise Co., Ltd.
42. GoFast Company Limited
43. H-H Fasteners Company
44. H-Locker Components Inc.
45. Hau Kawang Enterprise Co., Ltd.
46. Hecny Group
47. Hi-Sharp Industrial Corp., Ltd.
48. Hom Wei Enterprise Corporation
49. HWA Hsing Screw Industry Co., Ltd.
50. Hwaguo Industrial Fasteners Co., Ltd.
51. Hy-Mart Fastener Co., Ltd.
52. Hyup Sung Indonesia
53. In Precision Link Co., Ltd.
54. Intai Technology Corporation
55. JCH Hardware Company Inc.
56. Jet Crown International Co., Ltd.
57. Ji Li Deng Fasteners Co., Ltd.
58. Jinhai Hardware Co., Ltd.
59. Jinn Her Enterprise Limited
60. Jockey Ben Metal Enterprise Co., Ltd.
61. Kan Good Enterprise Co., Ltd.
62. Katsuhana Fasteners Corporation
63. Kay Guay Enterprises Co., Ltd.
64. Key Use Industrial Works Co., Ltd.
65. KOT Components Co., Ltd.
66. K. Ticho Industries Co., Ltd.
67. K Win Fasteners Inc.
68. Kuan Hsin Screw Industry Co., Ltd.
69. Liang Ying Fasteners Industry Co., Ltd.
70. Long Chan Enterprise Co., Ltd.
71. Lu Chu Shin Yee Works Co., Ltd.
72. Mechanical Hardwares Co.
73. Midas Union Co., Ltd.
74. Min Hwei Enterprise Co., Ltd.
75. Ming Cheng Precision Co., Ltd.
76. Ming Zhan Industrial Co., Ltd.

[[Page 6506]]

77. ML Global Ltd.
78. Newfast Co., Ltd.
79. Noah Enterprise Co., Ltd.
80. Nytaps Taiwan Corporation
81. Pao Shen Enterprises Co., Ltd.
82. Par Excellence Industrial Co., Ltd.
83. Pengteh Industrial Co., Ltd.
84. Pneumax Corp.
85. Printech T Electronics Corporation
86. Pro-an International Co., Ltd.
87. Pronto Great China Corp.
88. Professional Fasteners Development Co., Ltd.
89. P.S.M. Fasteners (Asia) Limited
90. Qi Ding Enterprise Co., Ltd.
91. Right Source Co., Ltd.
92. Rodex Fasteners Corp.
93. Rong Chang Metal Co., Ltd.
94. San Shing Fastech Corporation
95. SBSCQ Taiwan Limited
96. Shanxi Pioneer Hardware Industrial Co., Ltd.
97. Somax Enterprise Co., Ltd.
98. Spec Products Corporation
99. Star World Product and Trading Co., Ltd.
100. Sumeeko Industries Co., Ltd.
101. Sunshine Spring Co., Ltd.
102. Suntec Industries Co., Ltd.
103. Supreme Fasteners Corp.
104. Szu I Industries Co., Ltd.
105. Tag Fasteners Sdn. Bhd.
106. Taifas Corporation
107. Taiwan Geer-Tai Works Co., Ltd.
108. Taiwan Quality Fastener Co., Ltd.
109. Team Builder Enterprise Limited
110. Techno Associates Taiwan Co., Ltd.
111. Techup Development Co., Ltd.
112. TG Co., Ltd.
113. Tianjin Jinchi Metal Products Co. Ltd.
114. Topps Wang International Ltd.
115. Ume-Pride International Inc.
116. Unistrong Industrial Co., Ltd.
117. United Nail Products Co. Ltd.
118. Vanguard International Co., Ltd.
119. Wa Tai Industrial Co., Ltd.
120. Win Fastener Corporation
121. WTA International Co., Ltd.
122. Wumax Industry Co., Ltd.
123. Wyser International Corporation
124. Yeun Chang Hardware Tool Company Limited
125. Yng Tran Enterprise Company Limited
126. Yoh Chang Enterprise Company Limited
127. Yow Chern Company
128. Yumark Enterprises Corporation
129. Yu Tai World Co., Ltd.
130. Zenith Good Enterprise Corporation

[FR Doc. 2024-02003 Filed 1-31-24; 8:45 am]
BILLING CODE 3510-DS-P
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