Certain Corrosion-Resistant Steel Products From Taiwan: Preliminary Results and Rescission, In Part, of Antidumping Duty Administrative Review; 2022-2023, 71878-71881 [2024-19717]
Download as PDF
<![CDATA[
71878
Notices
Federal Register
Vol. 89, No. 171
Wednesday, September 4, 2024
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
AGENCY FOR INTERNATIONAL
DEVELOPMENT
Notice of Closed Malaria Vaccine
Development Program Scientific
Advisory Committee Meeting
Agency for International
Development (USAID).
ACTION: Notice of closed Federal
advisory committee meeting.
AGENCY:
USAID is publishing this
notice to announce a closed meeting of
the USAID Malaria Vaccine
Development Program (MVDP)
Scientific Advisory Committee (SAC).
DATES: The meeting will be held
Tuesday, October 22, 2024, from 8:00
a.m. to 5:30 p.m. Eastern Daylight Time
(EDT) and Wednesday, October 23,
2024, from 8:00 a.m. to 3:00 p.m. EDT.
ADDRESSES: The closed meeting will be
held at 455 Massachusetts Avenue NW,
Suite 1000, Washington, DC 20001.
FOR FURTHER INFORMATION CONTACT:
Email: MVDPSACSecretariat@usaid.gov,
or Susan Youll, Designated Federal
Officer, 202–712–4300 (Voice). Mailing
address is: USAID, 1300 Pennsylvania
Ave NW, Washington, DC.
SUPPLEMENTARY INFORMATION:
Purpose of the Meeting: The MVDP
SAC will consult with, provide
information to, and advise USAID on
matters and issues relating to malaria
vaccine development, scientific
technologies, and any other related
matters. The SAC will provide broad
scientific review of USAID MVDP
activities and investments to ensure
MVDP focus and coherence, and to
ensure the application of the highest
standards of technical and scientific
excellence.
Background: The SAC consists of no
more than 13 members with
demonstrated technical expertise and
experience in areas related to malaria
vaccine development, including, but not
limited to: vaccine development,
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
21:26 Sep 03, 2024
Jkt 262001
immunology, malariology, structural
biology, preclinical animal models,
regulatory affairs, and clinical research.
These individuals may include, but not
be limited to, employees of international
organizations involved in vaccine
development, academic institutions,
pharmaceutical or biotechnology
companies, and other U.S. government
agencies. The members will be selected
to represent diverse points of view and
appointments will be made free from all
forms of discrimination. The members
are appointed by the US Global Malaria
Coordinator.
As stated in its charter, the SAC’s role
is to:
(a) review written updates provided
by the MVDP and their partners;
(b) receive presentations with data
and progress from the last meeting and
any strategy changes from MVDP staff
and partners,
(c) discuss data and ask questions of
MVDP staff and partners regarding
presentations;
(d) submit a meeting report that may:
• provide strategic advice and
scientific guidance;
• include recommendations on
overall program strategy; and,
• identify new research and
development opportunities that support
MVDP objectives.
MVDP SAC meetings are held
approximately once a year. More
information USAID’s Malaria Vaccine
Development Program is available at:
https://www.usaid.gov/global-health/
health-areas/malaria/researchinnovation/malaria-vaccinedevelopment-program-mvdp.
Closed Meeting Exemption and
Determination
This meeting is being held under the
provisions of chapter 10 of title 5,
United States Code (U.S.C.) (commonly
known as the ‘‘Federal Advisory
Committee Act’’ or ‘‘FACA’’) and 5
U.S.C. 552b (commonly known as the
‘‘Government in the Sunshine Act’’).
The exemption is authorized by
section 10(d) of the FACA, which
permits the closure of advisory
committee meetings, or portions thereof,
if the head of the agency to which the
advisory committee reports determines
such meetings may be closed to the
public in accordance with subsection (c)
of the Government in the Sunshine Act
(5 U.S.C. 552b(c)). In this case, the
applicable provisions of 5 U.S.C.
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
552b(c) are subsection 552b(c)(4), which
permits closure to protect information
that would disclose confidential trade
secrets or commercial property such as
patentable material.
The Administrator, on April 9, 2024,
delegated authority to close MVDP SAC
meetings to the public, to the U.S.
Global Malaria Coordinator. The Global
Malaria Coordinator, with the
concurrence of the General Counsel,
formally determined on August, 27,
2024, pursuant to section 10 of the
FACA, (5 U.S.C. 1009(d)), that the
MVDP SAC meeting shall be exempt
from the provisions relating to public
meetings found in 5 U.S.C. 1009(a)(1)
and 1009(a)(3).
Susan Youll,
USAID Designated Federal Officer for the
MVDP SAC, Global Health Bureau, U.S.
Agency for International Development.
[FR Doc. 2024–19718 Filed 9–3–24; 8:45 am]
BILLING CODE 6116–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–856]
Certain Corrosion-Resistant Steel
Products From Taiwan: Preliminary
Results and Rescission, In Part, of
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain corrosionresistant steel products (CORE) from
Taiwan are being sold in the United
States at below normal value during the
period of review (POR), July 1, 2022,
through June 30, 2023. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable September 4, 2024.
FOR FURTHER INFORMATION CONTACT:
Deborah Cohen or Anjali Mehindiratta,
AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4521 or
(202) 482–9127, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
E:\FR\FM\04SEN1.SGM
04SEN1
Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On July 25, 2016, Commerce
published the antidumping duty order
on CORE from Taiwan in the Federal
Register.1 On July 3, 2023, we published
in the Federal Register a notice of
opportunity to request an administrative
review of the Order.2 On September 11,
2023, pursuant to section 751(a)(1) of
the Tariff Act of 1930, as amended (the
Act), Commerce initiated an
administrative review of the Order
covering nine entities.3 On March 12,
2024, Commerce extended the deadline
for the preliminary results until July 30,
2024.4 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.5 The deadline for these
preliminary results is now August 6,
2024.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6 A list of topics
1 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 42693 (July 3, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
62322 (September 11, 2023) (Initiation Notice). The
Initiation Notice identified 10 firms, including Yieh
Phui Enterprise Co., Ltd. (Yieh Phui). However,
pursuant to the U.S. Court of International Trade’s
final judgment pertaining to the less-than-fair value
(LTFV) investigation of this proceeding, Yieh Phui
was excluded from the Order. See Prosperity Tieh
Enterprise Co., Ltd. and Yieh Phui Enterprise Co.,
Ltd. v. United States, Consol. Court No. 16–00138,
Slip Op. 23–95 (CIT 2023) (sustaining Commerce’s
second remand redetermination for the less-thanfair-value investigation of CORE from Taiwan); see
also Corrosion-Resistant Steel Products from
Taiwan: Notice of Third Amended Final
Determination of Sales at Less Than Fair Value
Pursuant to Court Decision and Partial Exclusion
from Antidumping Duty Order, 88 FR 58245
(August 25, 2023), corrected by Corrosion-Resistant
Steel Products from Taiwan: Notice of Third
Amended Final Determination of Sales at Less than
Fair Value Pursuant to Court Decision and Partial
Exclusion from Antidumping Duty Order;
Correction, 88 FR 65153 (September 21, 2023)
(collectively, Third Amended Final Determination).
Accordingly, a subsequent Federal Register notice
corrected the Initiation Notice applicable to the
instant review to clarify that Commerce is not
conducting an administrative review of Yieh Phui
for the July 1, 2022, through June 30, 2023 POR. See
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 84784, 84787
(December 6, 2023) (Corrected Initiation Notice).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated March 12, 2024.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
VerDate Sep<11>2014
21:26 Sep 03, 2024
Jkt 262001
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The products covered by this Order
are certain flat-rolled steel products,
either clad, plated, or coated with
corrosion-resistant metals such as zinc,
aluminum, or zinc-, aluminum-, nickelor iron-based alloys, whether or not
corrugated or painted, varnished,
laminated, or coated with plastics or
other non-metallic substances in
addition to the metallic coating. A full
description of the scope of the Order is
contained in the Preliminary Decision
Memorandum.
Rescission of Review, In Part
As noted above, we initiated this
review with respect to nine companies.7
During the course of the review, we
selected two mandatory respondents,
which included two of the named
companies: Prosperity Tieh Enterprises
Co., Ltd. (Prosperity); and Sheng Yu
Steel Co. (SYSCO).8 As a consequence,
there are seven companies upon which
review was requested and which were
not selected for individual examination.
Pursuant to 19 CFR 351.213(d)(3),
Commerce will rescind an
administrative review when there are no
reviewable suspended entries. Based on
our analysis of U.S. Customs and Border
Protection (CBP) information, six
companies listed in the Initiation Notice
had no entries of subject merchandise
during the POR: (1) China Steel
Corporation; (2) Chung Hung Steel
Corporation; (3) Great Fortune Steel Co.,
Ltd.; (4) Great Grandeul Steel Co., Ltd.;
(5) Great Grandeul Steel Corporation;
and (6) Xxentria Technology Materials
Company Ltd. On May 6, 2024, we
notified parties of our intent to rescind
this administrative review with respect
Review of the Antidumping Duty Order for
Corrosion-Resistant Steel Products from Taiwan;
2022–2023,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
7 See Initiation Notice, as corrected by Corrected
Initiation Notice, 88 FR at 84787.
8 See Memorandum, ‘‘Respondent Selection,’’
dated October 17, 2023.
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
71879
to the six companies that had no
reviewable suspended entries during the
POR.9 No party to the proceeding
provided comments on our Intent to
Rescind Memorandum. As a result, we
are rescinding this review, in part, with
respect to the six entities listed above
which had no entries in the POR.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. Export price was calculated
in accordance with section 772 of the
Act. Normal value was calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Rate for Non-Examined Company
The Act and Commerce’s regulations
do not directly address the
establishment of a rate to be applied to
individual companies not selected for
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
review in an administrative review.
Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ‘‘an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding any zero or de
minimis margins, and any margins
determined entirely {on the basis of
facts available}.’’
In this administrative review, we
preliminarily calculated a dumping
margin of zero percent for SYSCO. We
preliminary calculated a dumping
margin of 1.63 percent for Prosperity.
Thus, we preliminary assigned to the
non-selected company, Great Grandeul
Steel Company Limited (Samoa),10 a
weighted-average dumping margin of
1.63 percent, based on the rate
calculated for Prosperity, the only rate
that is not zero, de minimis, or based
entirely on facts otherwise available.
9 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated May 6, 2024 (Intent to
Rescind Memorandum).
10 We note that Great Grandeul Steel Company
Limited (Samoa) was spelled incorrectly as Great
Grandeul Steel Company Limited (Somoa) in the
Initiation Notice. See Initiation Notice, 88 FR at
62328.
E:\FR\FM\04SEN1.SGM
04SEN1
71880
Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Notices
basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final results in this administrative
review. We request that interested
parties include footnotes for relevant
citations in the public executive
Weighted- summary of each issue. Note that
Commerce has amended certain of its
average
Producer/exporter
dumping
requirements pertaining to the service of
margin
documents in 19 CFR 351.303(f).16
(percent)
Interested parties who wish to request
a
hearing
must submit a written request
Prosperity Tieh Enterprises Co.,
Ltd ...........................................
1.63 to the Assistant Secretary for
Sheng Yu Steel Co .....................
0.00 Enforcement and Compliance, U.S.
Department of Commerce, filed
Great Grandeul Steel Company
Limited (Samoa) ......................
1.63 electronically via ACCESS by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.17
Disclosure
Requests should contain the party’s
Commerce intends to disclose the
name, address, and telephone number,
calculations performed in connection
the number of participants, and a list of
with these preliminary results to
the issues to be discussed. Issues raised
interested parties within five days after
the date of publication of this notice, or, in the hearing will be limited to those
raised in the case and rebuttal briefs. If
if there is no public announcement,
a request for a hearing is made, we will
within five days of the date of
publication of this notice in accordance inform parties of the scheduled date for
the hearing at a time and location to be
with 19 CFR 351.224(b).11
determined.18 Parties should confirm by
Public Comment
telephone the date, time, and location of
the hearing no fewer than two days
Interested parties may submit case
before the scheduled date.
briefs no later than 30 days after the
Unless the deadline is extended
date of publication of this notice.12
pursuant to section 751(a)(3)(A) of the
Rebuttal briefs, limited to issues raised
Act and 19 CFR 351.213(h)(2),
in the case briefs, may be filed no later
Commerce will issue the final results of
than five days after the date for filing
this administrative review, including
case briefs.13 Interested parties who
the results of our analysis of the issues
submit case briefs or rebuttal briefs in
raised by the parties in their case briefs,
this proceeding must submit: (1) a table
not later than 120 days after the date of
of contents listing each issue; and (2) a
publication of this notice, pursuant to
table of authorities.14
section 751(a)(3)(A) of the Act.
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
Assessment Rates
proceedings we have encouraged
Upon issuance of the final results,
interested parties to provide an
Commerce shall determine, and U.S.
executive summary of their briefs that
Customs and Border Protection (CBP)
should be limited to five pages total,
shall assess, antidumping duties on all
including footnotes. In this review, we
appropriate entries covered by this
instead request that interested parties
review. The final results of this review
provide at the beginning of their briefs
shall be the basis for the assessment of
a public, executive summary for each
antidumping duties on entries of
15
issue raised in their briefs. Further, we
merchandise covered by this review and
request that interested parties limit their
for future deposits of estimated duties,
public executive summary of each issue
where applicable.19 Commerce intends
to no more than 450 words, not
to issue assessment instructions to CBP
including citations. We intend to use
no earlier than 35 days after the date of
the public executive summaries as the
publication of the final results of this
review in the Federal Register. If a
11 See 19 CFR 351.224(b).
timely summons is filed at the U.S.
12 See 19 CFR 351.309(c)(1)(ii).
Court of International Trade, the
13 See 19 CFR 351.309(d); see also Administrative
assessment instructions will direct CBP
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings, not to liquidate relevant entries until the
88 FR 67069, 67077 (September 29, 2023) (APO and
time for parties to file a request for a
Service Procedures).
ddrumheller on DSK120RN23PROD with NOTICES1
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
estimated weighted-average dumping
margins exist for the period July 1, 2022,
through June 30, 2023:
14 See
19 CFR 351.309(c)(2) and (d)(2).
use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
15 We
VerDate Sep<11>2014
21:26 Sep 03, 2024
Jkt 262001
16 See
APO and Service Procedures.
19 CFR 351.310(c).
18 See 19 CFR 351.310.
19 See section 751(a)(2)(C) of the Act.
17 See
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
statutory injunction has expired (i.e.,
within 90 days of publication).
If the respective weighted-average
dumping margins are above de minimis
(i.e., 0.50 percent) in the final results of
this review, we will calculate importerspecific ad valorem antidumping duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the importer’s examined sales to the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1).20 If the respondent has
not reported entered values, we will
calculate a per-unit assessment rate for
each importer by dividing the total
amount of dumping calculated for the
examined sales made to that importer by
the total quantity associated with those
sales. We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review when the
importer-specific assessment rate
calculated in the final results of this
review is above de minimis (i.e., 0.50
percent). Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by the respondents
for which they did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate entries not reviewed at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
For the company which wase not
selected for individual examination, we
will instruct CBP to assess antidumping
duties at an ad valorem assessment rate
equal to the company-specific weightedaverage dumping margin determined in
the final results. For the companies for
which the administrative review is
rescinded, antidumping duties shall be
assessed at a rate equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
20 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
E:\FR\FM\04SEN1.SGM
04SEN1
Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Notices
publication of the notice of the final
results of the administrative review for
all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results, as provided by section 751(a)(2)
of the Act: (1) the cash deposit rate for
each company listed above will be equal
to the dumping margins established in
the final results of this review, except if
the ultimate rate is de minimis within
the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rates will
be zero; (2) for merchandise exported by
producers or exporters not covered in
this administrative review but covered
in a prior segment of the proceeding, 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 producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original LTFV
investigation but the producer is, then
the cash deposit rate will be the rate
established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 11.04 percent, the all-others rate
established in the Third Amended Final
Determination.21 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
ddrumheller on DSK120RN23PROD with NOTICES1
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, 19
CFR 351.213(h)(2), and 19 CFR
351.221(b)(4).
21 See Third Amended Final Determination, 88
FR at 58247.
VerDate Sep<11>2014
21:26 Sep 03, 2024
Jkt 262001
Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Companies Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024–19717 Filed 9–3–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–074]
Common Alloy Aluminum Sheet From
the People’s Republic of China: Final
Results of Countervailing Duty
Administrative Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies were provided
to producers and exporters of common
alloy aluminum sheet (CAAS) from the
People’s Republic of China (China)
during the period of review (POR),
January 1, 2022, through December 31,
2022.
DATES: Applicable September 4, 2024.
FOR FURTHER INFORMATION CONTACT:
Scarlet K. Jaldin or Amber Hodak, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4275 or (202) 482–8034,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2024, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register.1 On June 6, 2024,
Commerce extended the deadline for
1 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Preliminary Results of
Countervailing Duty Administrative Review and
Rescission of Review, in Part; 2022, 89 FR 15819
(March 5, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
71881
issuing these final results to August 21,
2024.2 On July 12, 2024, Commerce
released its Post-Preliminary Analysis.3
On July 12, 2024, we invited parties to
comment on both the Preliminary
Results and the Post-Preliminary
Results.4 We received timely filed case
and rebuttal briefs from Aluminum
Association Common Alloy Aluminum
Sheet Trade Enforcement Working
Group and its individual members 5
(collectively, the domestic industry),6
Jiangsu Alcha Aluminum Co., Ltd.
(Jiangsu Alcha), Yinbang Clad Material
Co., Ltd. (Yinbang). On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.7 The deadline for the final results
is now August 28, 2024. For a detailed
description of the events that followed
the Preliminary Results, see the Issues
and Decision Memorandum.8
Scope of the Order 9
The product covered by the Order is
CAAS from China. For a complete
description of the scope of the of the
Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by the interested
parties in their case briefs are addressed
in the Issues and Decision
Memorandum. A list of the issues raised
is attached as an appendix to this
notice. The Issues and Decision
Memorandum is a public document and
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of Countervailing Duty Administrative
Review,’’ dated June 6, 2024.
3 See Memorandum, ‘‘Post-Preliminary Analysis,’’
dated July 12, 2024 (Post Preliminary Results).
4 See Memorandum, ‘‘Briefing Schedule,’’ dated
July 12, 2024.
5 The individual members of the Aluminum
Association Common Alloy Aluminum Sheet Trade
Enforcement Working Group are: Arconic
Corporation; Commonwealth Rolled Products, Inc;
Constellium Rolled Products Ravenswood, LLC;
Jupiter Aluminum Corporation; JW Aluminum
Company; and Novelis Corporation.
6 See Jiangsu Alcha and Yinbang’s Letter, ‘‘Case
Brief,’’ dated April 4, 2024; see also Domestic
Industry’s Letter, ‘‘Domestic Industry’s Affirmative
Case Brief,’’ dated July 22, 2024; Domestic
Industry’s Letter, ‘‘Domestic Industry’s Rebuttal
Case Brief,’’ dated July 29, 2024 (Domestic
Industry’s Rebuttal Brief); and Alcha Group’s Letter,
‘‘Rebuttal Case Brief,’’ dated July 29, 2024 (Alcha
Group’s Rebuttal Brief).
7 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
8 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Countervailing Duty
Administrative Review of Common Alloy
Aluminum Sheet from the People’s Republic of
China; 2022,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
9 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Countervailing Duty
Order, 84 FR 2157 (February 6, 2019) (Order).
E:\FR\FM\04SEN1.SGM
04SEN1
]]>Agencies
[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Notices]
[Pages 71878-71881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19717]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products From Taiwan:
Preliminary Results and Rescission, In Part, of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain corrosion-resistant steel products (CORE) from
Taiwan are being sold in the United States at below normal value during
the period of review (POR), July 1, 2022, through June 30, 2023. We
invite interested parties to comment on these preliminary results.
DATES: Applicable September 4, 2024.
FOR FURTHER INFORMATION CONTACT: Deborah Cohen or Anjali Mehindiratta,
AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4521
or (202) 482-9127, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 71879]]
Background
On July 25, 2016, Commerce published the antidumping duty order on
CORE from Taiwan in the Federal Register.\1\ On July 3, 2023, we
published in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ On September 11, 2023, pursuant
to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act),
Commerce initiated an administrative review of the Order covering nine
entities.\3\ On March 12, 2024, Commerce extended the deadline for the
preliminary results until July 30, 2024.\4\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\5\ The deadline for these preliminary results is now August 6,
2024.
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 42693 (July 3,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation
Notice). The Initiation Notice identified 10 firms, including Yieh
Phui Enterprise Co., Ltd. (Yieh Phui). However, pursuant to the U.S.
Court of International Trade's final judgment pertaining to the
less-than-fair value (LTFV) investigation of this proceeding, Yieh
Phui was excluded from the Order. See Prosperity Tieh Enterprise
Co., Ltd. and Yieh Phui Enterprise Co., Ltd. v. United States,
Consol. Court No. 16-00138, Slip Op. 23-95 (CIT 2023) (sustaining
Commerce's second remand redetermination for the less-than-fair-
value investigation of CORE from Taiwan); see also Corrosion-
Resistant Steel Products from Taiwan: Notice of Third Amended Final
Determination of Sales at Less Than Fair Value Pursuant to Court
Decision and Partial Exclusion from Antidumping Duty Order, 88 FR
58245 (August 25, 2023), corrected by Corrosion-Resistant Steel
Products from Taiwan: Notice of Third Amended Final Determination of
Sales at Less than Fair Value Pursuant to Court Decision and Partial
Exclusion from Antidumping Duty Order; Correction, 88 FR 65153
(September 21, 2023) (collectively, Third Amended Final
Determination). Accordingly, a subsequent Federal Register notice
corrected the Initiation Notice applicable to the instant review to
clarify that Commerce is not conducting an administrative review of
Yieh Phui for the July 1, 2022, through June 30, 2023 POR. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 84784, 84787 (December 6, 2023) (Corrected Initiation
Notice).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 12,
2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
for Corrosion-Resistant Steel Products from Taiwan; 2022-2023,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by this Order are certain flat-rolled steel
products, either clad, plated, or coated with corrosion-resistant
metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-
based alloys, whether or not corrugated or painted, varnished,
laminated, or coated with plastics or other non-metallic substances in
addition to the metallic coating. A full description of the scope of
the Order is contained in the Preliminary Decision Memorandum.
Rescission of Review, In Part
As noted above, we initiated this review with respect to nine
companies.\7\ During the course of the review, we selected two
mandatory respondents, which included two of the named companies:
Prosperity Tieh Enterprises Co., Ltd. (Prosperity); and Sheng Yu Steel
Co. (SYSCO).\8\ As a consequence, there are seven companies upon which
review was requested and which were not selected for individual
examination.
---------------------------------------------------------------------------
\7\ See Initiation Notice, as corrected by Corrected Initiation
Notice, 88 FR at 84787.
\8\ See Memorandum, ``Respondent Selection,'' dated October 17,
2023.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, six companies listed in the Initiation Notice had no
entries of subject merchandise during the POR: (1) China Steel
Corporation; (2) Chung Hung Steel Corporation; (3) Great Fortune Steel
Co., Ltd.; (4) Great Grandeul Steel Co., Ltd.; (5) Great Grandeul Steel
Corporation; and (6) Xxentria Technology Materials Company Ltd. On May
6, 2024, we notified parties of our intent to rescind this
administrative review with respect to the six companies that had no
reviewable suspended entries during the POR.\9\ No party to the
proceeding provided comments on our Intent to Rescind Memorandum. As a
result, we are rescinding this review, in part, with respect to the six
entities listed above which had no entries in the POR.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated May 6, 2024 (Intent to Rescind Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Export price was calculated in accordance with
section 772 of the Act. Normal value was calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
Rate for Non-Examined Company
The Act and Commerce's regulations do not directly address the
establishment of a rate to be applied to individual companies not
selected for examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual review in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this administrative review, we preliminarily calculated a
dumping margin of zero percent for SYSCO. We preliminary calculated a
dumping margin of 1.63 percent for Prosperity. Thus, we preliminary
assigned to the non-selected company, Great Grandeul Steel Company
Limited (Samoa),\10\ a weighted-average dumping margin of 1.63 percent,
based on the rate calculated for Prosperity, the only rate that is not
zero, de minimis, or based entirely on facts otherwise available.
---------------------------------------------------------------------------
\10\ We note that Great Grandeul Steel Company Limited (Samoa)
was spelled incorrectly as Great Grandeul Steel Company Limited
(Somoa) in the Initiation Notice. See Initiation Notice, 88 FR at
62328.
---------------------------------------------------------------------------
[[Page 71880]]
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margins exist for the
period July 1, 2022, through June 30, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprises Co., Ltd........................ 1.63
Sheng Yu Steel Co........................................... 0.00
Great Grandeul Steel Company Limited (Samoa)................ 1.63
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice, or, if there is
no public announcement, within five days of the date of publication of
this notice in accordance with 19 CFR 351.224(b).\11\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\12\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
five days after the date for filing case briefs.\13\ Interested parties
who submit case briefs or rebuttal briefs in this proceeding must
submit: (1) a table of contents listing each issue; and (2) a table of
authorities.\14\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\15\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\16\
---------------------------------------------------------------------------
\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Procedures.
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically via
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\17\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. Issues raised in the hearing will
be limited to those raised in the case and rebuttal briefs. If a
request for a hearing is made, we will inform parties of the scheduled
date for the hearing at a time and location to be determined.\18\
Parties should confirm by telephone the date, time, and location of the
hearing no fewer than two days before the scheduled date.
---------------------------------------------------------------------------
\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310.
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review and
for future deposits of estimated duties, where applicable.\19\ Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication of the final results of this review in
the Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
---------------------------------------------------------------------------
\19\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
If the respective weighted-average dumping margins are above de
minimis (i.e., 0.50 percent) in the final results of this review, we
will calculate importer-specific ad valorem antidumping duty assessment
rates based on the ratio of the total amount of dumping calculated for
the importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1).\20\ If the respondent
has not reported entered values, we will calculate a per-unit
assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total quantity associated with those sales. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is above de minimis (i.e., 0.50 percent).
Where either the respondent's weighted-average dumping margin is zero
or de minimis, or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
---------------------------------------------------------------------------
\20\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by the
respondents for which they did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate
entries not reviewed at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.
For the company which wase not selected for individual examination,
we will instruct CBP to assess antidumping duties at an ad valorem
assessment rate equal to the company-specific weighted-average dumping
margin determined in the final results. For the companies for which the
administrative review is rescinded, antidumping duties shall be
assessed at a rate equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
[[Page 71881]]
publication of the notice of the final results of the administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results, as provided by section 751(a)(2) of
the Act: (1) the cash deposit rate for each company listed above will
be equal to the dumping margins established in the final results of
this review, except if the ultimate rate is de minimis within the
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rates
will be zero; (2) for merchandise exported by producers or exporters
not covered in this administrative review but covered in a prior
segment of the proceeding, 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 producer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the original LTFV investigation but the producer is,
then the cash deposit rate will be the rate established for the most
recently completed segment of the proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 11.04 percent, the all-others rate
established in the Third Amended Final Determination.\21\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\21\ See Third Amended Final Determination, 88 FR at 58247.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and
19 CFR 351.221(b)(4).
Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-19717 Filed 9-3-24; 8:45 am]
BILLING CODE 3510-DS-P
