Certain Steel Nails From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021-2022, 7363-7366 [2024-02112]
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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–985]
Xanthan Gum From the People’s
Republic of China: Final Results of the
Expedited Second Sunset Review of
the Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) order on xanthan gum from the
People’s Republic of China (China)
would likely lead to continuation or
recurrence of dumping at the level
indicated in the ‘‘Final Results of Sunset
Review’’ section of this notice.
DATES: Applicable February 2, 2024.
FOR FURTHER INFORMATION CONTACT:
Luke Caruso, 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) 482–2081.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 19, 2013, Commerce
published the order on xanthan gum
from China.1 On October 2, 2023,
Commerce published the notice of
initiation of this second sunset review
of the Order, pursuant to section
751(c)(2) of the Tariff Act of 1930, as
amended (the Act).2
In October 2023, we received a notice
of intent to participate, consistent with
19 CFR 351.218(d), from CP Kelco U.S.,
Inc. (CP Kelco), a domestic interested
party.3 CP Kelco claimed domestic
interested party status under section
771(9)(C) of the Act as a producer of
xanthan gum in the United States.4
Subsequently, on November 1, 2023, CP
Kelco submitted a substantive response
pursuant to 19 CFR 351.218(d)(3)(i).5
Commerce received no responses from
respondent interested parties with
respect to the Order covered by this
sunset review. Consequently, Commerce
notified the U.S. International Trade
Commission (ITC),6 and conducted an
expedited (120-day) sunset review of the
Order.7
Scope of the Order
The scope of the Order is xanthan
gum. For a complete description of the
scope of this Order, see the Issues and
Decision Memorandum.8
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review are
addressed in the accompanying Issues
and Decision Memorandum, specifically
the likelihood of continuation or
recurrence of dumping and the
magnitude of the dumping margins
likely to prevail if the Order were
revoked.9 A list of topics discussed in
the Issues and Decision Memorandum is
included as an appendix to this notice.
The Issues and Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1),
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Order
would be likely to lead to continuation
or recurrence of dumping, and that the
magnitude of the dumping margin likely
to prevail would be up to 154.07
percent.10
Notification Regarding Administrative
Protective Orders
This notice serves as the only
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).
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective orders
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing the
final results of this sunset review in
accordance with sections 751(c), 752(c),
and 777(i)(1) of the Act, and 19 CFR
351.218(e)(1)(ii)(C)(2) and 19 CFR
351.221(c)(5)(ii).
Dated: January 29, 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. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margin of Dumping
Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2024–02140 Filed 2–1–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
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5 See
1 See Xanthan Gum from the People’s Republic of
China: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order,
78 FR 43143 (July 19, 2013) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 67729 (October 2, 2023).
3 See Domestic Interested Party’s Letter, ‘‘Xanthan
Gum from the People’s Republic of China—Notice
of Intent to Participate in Sunset Review,’’ dated
October 18, 2023 (Notice of Intent to Participate);
see also Petitioner’s Letter, ‘‘Request to File Out of
Time due to Extraordinary Circumstances,’’ dated
October 18, 2023; and Commerce’s Letter,
‘‘Acceptance of Notice of Intent to Participate,’’
dated October 20, 2023. Because Commerce granted
CP Kelco’s request for an extension to file its notice
of intent to participate, we consider CP Kelco’s
request to be timely filed pursuant to 19 CFR
351.218(d)(l)(i).
4 See Notice of Intent to Participate at 1.
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Domestic Interested Party’s Letter,
‘‘Xanthan Gum from the People’s Republic of
China: Second Five Year (‘‘Sunset’’) Review of
Antidumping Duty Order—Domestic Industry
Substantive Response,’’ dated November 1, 2023.
6 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on October 2, 2023,’’ dated October 24,
2023; see also 19 CFR 351.218(e)(1)(ii)(C)(1).
7 See 19 CFR 351.218(e)(1)(ii)(C)(2).
8 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Second Sunset Review of the Antidumping Duty
Order on Xanthan Gum from the People’s Republic
of China,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
9 Id.
10 See Xanthan Gum from the People’s Republic
of China: Final Determination of Sales at Less Than
Fair Value, 78 FR 33351, 33353 (June 4, 2013),
unchanged in Order, 78 FR at 43144.
7363
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[A–580–874]
Certain Steel Nails From the Republic
of Korea: Final Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
producers and/or exporters of 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
AGENCY:
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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Notices
(POR) of July 1, 2021, through June 30,
2022.
DATES: Applicable February 2, 2024.
FOR FURTHER INFORMATION CONTACT:
Ashley Cossaart or Ajay Menon, 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) 482–0208,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers 118 producers
and/or exporters of the subject
merchandise. Commerce selected two
mandatory respondents for individual
examination: Daejin Steel Company
(Daejin) and Korea Wire Co., Ltd.
(KOWIRE).1 The producers/exporters
not selected for individual examination
are listed in Appendix II.
On July 31, 2023, Commerce
published the Preliminary Results and
invited interested parties to comment.2
For a complete description of the events
that occurred since the Preliminary
Results, see the Issues and Decision
Memorandum.3
Scope of the Order 4
The merchandise subject to the Order
is steel nails. For a complete description
of the scope of the Order, see the Issues
and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in Appendix I
to this notice and addressed in the
Issues and Decision Memorandum. 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
1 See Memorandum, ‘‘Respondent Selection,’’
dated October 11, 2022.
2 See 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, 88 FR 49443 (July 31, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
3 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Administrative Review of
the Antidumping Duty Order on Steel Nails from
the Republic of Korea; 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).
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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.
entries of subject merchandise in
accordance with the final results of this
review.
Pursuant to 19 CFR 351.212(b)(1),
because Daejin and KOWIRE reported
the entered value for all of their U.S.
Changes Since the Preliminary Results
sales, we calculated importer-specific
Based on the comments received from ad valorem antidumping duty
interested parties, we made certain
assessment rates based on the ratio of
changes to the margin calculation for
the total amount of antidumping duties
Daejin in the Preliminary Results.
calculated for the examined sales to the
However, these calculation changes did total entered value of the sales for which
not affect the final weighted-average
entered value was reported. Where
margin assigned to Daejin. For a
either the respondent’s weighteddiscussion of these changes, see the
average dumping margin is zero or de
Issues and Decision Memorandum.
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
Determination of No Shipments
rate is zero or de minimis, we will
As noted in the Preliminary Results,
instruct CBP to liquidate the appropriate
we received no shipment claims from
entries without regard to antidumping
Astrotech Steels Private Limited
duties.
(Astrotech) and Geekay Wires Limited
Commerce’s ‘‘automatic assessment’’
(Geekay) and preliminarily determined
practice will apply to entries of subject
that they had no shipments during the
merchandise during the POR produced
POR.5 We received no comments from
by Daejin or KOWIRE for which the
interested parties with respect to this
reviewed companies did not know that
preliminary determination of no
the merchandise they sold to the
shipments. Therefore, we continue to
intermediary (e.g., a reseller, trading
find that Astrotech and Geekay had no
company, or exporter) was destined for
shipments during the POR.
the United States. In such instances, we
will instruct CBP to liquidate
Final Results of the Review
unreviewed entries at the all-others rate
As a result of this review, we
if there is no rate for the intermediate
determine the following estimated
company(ies) involved in the
weighted-average dumping margins for
transaction.7
the period February 1, 2021, through
For the companies that were not
January 31, 2022:
selected for individual review, we
assigned an assessment rate based on
Weightedthe review-specific average rate,
average
Exporter/producer
dumping
calculated as noted in the ‘‘Final Results
margin
of the Review’’ section, above. Further,
(percent)
because we continue to find that
Daejin Steel Company ..........
0.66 Astrotech and Geekay had no shipments
Korea Wire Co., Ltd ..............
0.00 of subject merchandise during the POR,
we will instruct CBP to liquidate any
Companies Not Selected for
Individual Review 6 ............
0.66 suspended entries that entered under
these companies’ antidumping duty
Disclosure
case numbers at the all-others rate. The
final results of this review shall be the
Commerce intends to disclose the
basis for the assessment of antidumping
calculations performed for Daejin in
duties on entries of merchandise
connection with these final results to
interested parties within five days of the covered by the final results of this
review and for future deposits of
date of publication of this notice, in
estimated duties, where applicable.8
accordance with 19 CFR 351.224(b).
Commerce intends to issue
Assessment Rates
assessment instructions to CBP no
Pursuant to section 751(a)(2)(C) of the earlier than 35 days after the date of
Tariff Act of 1930, as amended (the Act), publication of the final results of this
review in the Federal Register. If a
and 19 CFR 351.212(b)(1), Commerce
timely summons is filed at the U.S.
has determined, and U.S. Customs and
Court of International Trade, the
Border Protection (CBP) shall assess,
assessment instructions will direct CBP
antidumping duties on all appropriate
not to liquidate relevant entries until the
5 See
Preliminary Results.
exporters and/or producers not selected for
individual review are listed in Appendix II. For a
discussion of the methodology used to calculate the
rate for non-selected respondents, see Preliminary
Results, 88 FR at 49444.
6 The
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7 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
8 See section 751(a)(2)(C) of the Act.
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time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
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 rates for the reviewed
companies will be the rates shown
above, except if the rate is less than 0.50
percent (de minimis within the meaning
of 19 CFR 351.106(c)(1)), the cash
deposit 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 recent period; (3)
if the exporter is not a firm covered in
this review, a previous review, or the
less-than-fair-value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all-other manufacturers or
exporters will continue to be 11.80
percent, the all-others rate established
in the LTFV investigation.9 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
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).
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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 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 serves as the only
reminder to parties subject to
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), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
9 See
Order, 80 FR at 39996.
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Dated: January 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Daejin’s and
KOWIRE’s Home Market Sales are Bona
Fide
Comment 2: The Cohen’s d Test
Comment 3: Whether Commerce Should
Deny Daejin’s Duty Drawback
Adjustment
Comment 4: Whether Commerce Should
Apply Total Adverse Facts Available
(AFA) to Daejin’s Cost of Production
(COP) Information
Comment 5: Whether Commerce Should
Adjust Daejin’s Conversion Costs
Comment 6: Whether Commerce Should
Adjust Daejin’s Interest Revenue
Comment 7: Whether Commerce Should
Deny Daejin’s Reported Scrap Offset
Comment 8: Whether Commerce Should
Adjust Daejin’s General and
Administrative (G&A) and Interest
Expense Ratios
Comment 9: Whether KOWIRE’s Cash
Deposit Instructions Should Be Revised
Comment 10: Whether Commerce Should
Apply Total AFA to KOWIRE’s Sales and
Cost Data Due to an Inconsistent Weight
Basis
Comment 11: Whether Commerce Should
Apply Total AFA to KOWIRE’s Cost Data
VI. Recommendation
Appendix II
Review-Specific Average Rate Applicable to
Companies 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.
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7365
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.
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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. 2024–02112 Filed 2–1–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review and Join
Annual Inquiry Service List
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
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Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
351.213, that the U.S. Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to release
the CBP data under administrative
protective order (APO) to all parties
having an APO within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
Register notice. Therefore, we
encourage all parties interested in
commenting on respondent selection to
submit their APO applications on the
date of publication of the initiation
notice, or as soon thereafter as possible.
Commerce invites comments regarding
the CBP data and respondent selection
within five days of placement of the
CBP data on the record of the review.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
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analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of a review
and will not collapse companies at the
respondent selection phase unless there
has been a determination to collapse
certain companies in a previous
segment of this antidumping proceeding
(i.e., investigation, administrative
review, new shipper review, or changed
circumstances review). For any
company subject to a review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection. Parties are requested to: (a)
identify which companies subject to
review previously were collapsed; and
(b) provide a citation to the proceeding
in which they were collapsed. Further,
if companies are requested to complete
a Quantity and Value Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of a proceeding
where Commerce considered collapsing
that entity, complete quantity and value
data for that collapsed entity must be
submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.1 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
1 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
E:\FR\FM\02FEN1.SGM
02FEN1
]]>Agencies
[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Notices]
[Pages 7363-7366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02112]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-874]
Certain Steel Nails From the Republic of Korea: Final Results 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) determines that
producers and/or exporters of 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
[[Page 7364]]
(POR) of July 1, 2021, through June 30, 2022.
DATES: Applicable February 2, 2024.
FOR FURTHER INFORMATION CONTACT: Ashley Cossaart or Ajay Menon, 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) 482-0208,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers 118 producers and/or exporters of the subject
merchandise. Commerce selected two mandatory respondents for individual
examination: Daejin Steel Company (Daejin) and Korea Wire Co., Ltd.
(KOWIRE).\1\ The producers/exporters not selected for individual
examination are listed in Appendix II.
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\1\ See Memorandum, ``Respondent Selection,'' dated October 11,
2022.
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On July 31, 2023, Commerce published the Preliminary Results and
invited interested parties to comment.\2\ For a complete description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\3\
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\2\ See 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, 88 FR 49443 (July
31, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\3\ See Memorandum, ``Decision Memorandum for the Final Results
of the Administrative Review of the Antidumping Duty Order on Steel
Nails from the Republic of Korea; 2021-2022,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order 4
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\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).
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The merchandise subject to the Order is steel nails. For a complete
description of the scope of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in
Appendix I to this notice and addressed in the Issues and Decision
Memorandum. 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 the comments received from interested parties, we made
certain changes to the margin calculation for Daejin in the Preliminary
Results. However, these calculation changes did not affect the final
weighted-average margin assigned to Daejin. For a discussion of these
changes, see the Issues and Decision Memorandum.
Determination of No Shipments
As noted in the Preliminary Results, we received no shipment claims
from Astrotech Steels Private Limited (Astrotech) and Geekay Wires
Limited (Geekay) and preliminarily determined that they had no
shipments during the POR.\5\ We received no comments from interested
parties with respect to this preliminary determination of no shipments.
Therefore, we continue to find that Astrotech and Geekay had no
shipments during the POR.
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\5\ See Preliminary Results.
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Final Results of the Review
As a result of this review, we determine the following estimated
weighted-average dumping margins for the period February 1, 2021,
through January 31, 2022:
---------------------------------------------------------------------------
\6\ The exporters and/or producers not selected for individual
review are listed in Appendix II. For a discussion of the
methodology used to calculate the rate for non-selected respondents,
see Preliminary Results, 88 FR at 49444.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Daejin Steel Company.................................... 0.66
Korea Wire Co., Ltd..................................... 0.00
Companies Not Selected for Individual Review \6\........ 0.66
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for Daejin
in connection with these final results to interested parties within
five days of the date of publication of this notice, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review.
Pursuant to 19 CFR 351.212(b)(1), because Daejin and KOWIRE
reported the entered value for all of their U.S. sales, we calculated
importer-specific ad valorem antidumping 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)(1), 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'' practice will apply to entries
of subject merchandise during the POR produced by Daejin or KOWIRE for
which the reviewed 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.\7\
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\7\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies that were not selected for individual review, we
assigned an assessment rate based on the review-specific average rate,
calculated as noted in the ``Final Results of the Review'' section,
above. Further, because we continue to find 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.\8\
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\8\ See section 751(a)(2)(C) of the Act.
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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
[[Page 7365]]
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 rates for the reviewed companies will be
the rates shown above, except if the rate is less than 0.50 percent (de
minimis within the meaning of 19 CFR 351.106(c)(1)), the cash deposit
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 recent period; (3) if the exporter
is not a firm covered in this review, a previous review, or the less-
than-fair-value (LTFV) investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recent period
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all-other manufacturers or exporters will continue to be 11.80
percent, the all-others rate established in the LTFV investigation.\9\
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\9\ See Order, 80 FR at 39996.
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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 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 serves as the only reminder to parties subject to
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), which continues to govern
business proprietary information in this segment of the proceeding.
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) 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 I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Daejin's and KOWIRE's Home Market Sales are
Bona Fide
Comment 2: The Cohen's d Test
Comment 3: Whether Commerce Should Deny Daejin's Duty Drawback
Adjustment
Comment 4: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to Daejin's Cost of Production (COP) Information
Comment 5: Whether Commerce Should Adjust Daejin's Conversion
Costs
Comment 6: Whether Commerce Should Adjust Daejin's Interest
Revenue
Comment 7: Whether Commerce Should Deny Daejin's Reported Scrap
Offset
Comment 8: Whether Commerce Should Adjust Daejin's General and
Administrative (G&A) and Interest Expense Ratios
Comment 9: Whether KOWIRE's Cash Deposit Instructions Should Be
Revised
Comment 10: Whether Commerce Should Apply Total AFA to KOWIRE's
Sales and Cost Data Due to an Inconsistent Weight Basis
Comment 11: Whether Commerce Should Apply Total AFA to KOWIRE's
Cost Data
VI. Recommendation
Appendix II
Review-Specific Average Rate Applicable to Companies 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.
[[Page 7366]]
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. 2024-02112 Filed 2-1-24; 8:45 am]
BILLING CODE 3510-DS-P
