Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Reviewable Sales; 2022-2023, 93274-93277 [2024-27701]
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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices
DEPARTMENT OF COMMERCE
Census Bureau
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collection request to the Office of
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review and clearance in accordance
with the Paperwork Reduction Act of
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production activity has been requested
at this time. The proposed subzone
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activation limit of FTZ 102.
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ftz.
For further information, contact
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Dated: November 20, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024–27649 Filed 11–25–24; 8:45 am]
BILLING CODE 3510–DS–P
Sheleen Dumas,
Departmental PRA Clearance Officer, Office
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[FR Doc. 2024–27652 Filed 11–25–24; 8:45 am]
BILLING CODE 3510–07–P
Foreign-Trade Zones Board
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Foreign-Trade Zone 102; Application
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An application has been submitted to
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International Trade Administration
[A–583–854]
DEPARTMENT OF COMMERCE
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DEPARTMENT OF COMMERCE
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Certain Steel Nails From Taiwan: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Reviewable Sales;
2022–2023
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain steel nails (nails) from Taiwan
were sold in the United States at less
than normal value during the period of
review (POR), July 1, 2022, through June
30, 2023. Commerce also determines
that certain companies under review
had no reviewable sales during the POR.
DATES: Applicable November 26, 2024.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery or Henry Wolfe, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
AGENCY:
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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices
DC 20230; telephone: (202) 482–1537 or
(202) 482–0574, respectively.
SUPPLEMENTARY INFORMATION:
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Background
On July 16, 2024, Commerce
published the preliminary results in the
2022–2023 administrative review of the
antidumping duty order on nails from
Taiwan and invited interested parties to
comment.1 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.2 The deadline for the final results
is now November 20, 2024. A summary
of the events that occurred since
publication of the Preliminary Results,
as well as a full discussion of the issues
raised by parties for these final results,
are included in the Issues and Decision
Memorandum.3 Commerce conducted
this administrative review in
accordance with section 751(a)(1)(B) of
the Tariff Act of 1930, as amended (the
Act).
This review covers 23 producers and/
or exporters of the subject merchandise.
Commerce selected four companies,
Cyuan Hong Enterprise Co. (Cyuan
Hong), Hsieh Shun Iron Wire Mfg. Co.,
Ltd. (Hsieh Shun), Qi Ding Enterprise
Co. Ltd. (Qi Ding), and Yeong Ming
Steel Iron Co., Ltd. (Yeong Ming) for
individual examination.4 Two
companies, Wiresmith Industrial Co.,
Ltd. (Wiresmith), and Concord
International Engineering & Trading Co.,
Ltd. (Concord International) reported
having no reviewable entries during the
POR, see ‘‘Final Determination of No
Reviewable Sales’’ section below. The
remaining producers and/or exporters
1 See Certain Steel Nails from Taiwan:
Preliminary Results and Rescission, in Part, of
Antidumping Administrative Review; 2022–2023,
89 FR 57856 (July 16, 2024). The list of companies
for which Commerce was rescinding the
administrative review was subsequently corrected;
see Certain Steel Nails from Taiwan: Preliminary
Results and Rescission, in Part, of Antidumping
Administrative Review; 2022–2023; Correction, 89
FR 62721 (August 1, 2024).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review of
Certain Steel Nails from Taiwan; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
4 See Memorandum, ‘‘Respondent Selection,’’
dated October 31, 2023; see also Memoranda, ‘‘First
Selection of Additional Mandatory Respondents,’’
dated December 29, 2023; ‘‘Second Selection of
Additional Mandatory Respondents,’’ dated January
25, 2024; and ‘‘Third Selection of Additional
Mandatory Respondents,’’ dated March 7, 2024. We
note that Commerce selected two additional
respondents; Concord International reported no
reviewable entries and we were unable to deliver
the questionnaire to Foison Hardware Inc. at the
provided address.
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not selected for individual examination
are listed in Appendix II of this notice.
93275
is no rate for the unaffiliated
producers.7
Use of Adverse Facts Available
As discussed in the Preliminary
The merchandise covered by this
Results, we are relying entirely upon
Order are nails from Taiwan. For a
facts otherwise available, pursuant to
complete description of the scope of the sections 776(a) and (b) of the Act, to
Order, see the Issues and Decision
assign estimated dumping margins to
Memorandum.
mandatory respondents Cyuan Hong,
Hsieh Shun, Qi Ding, and Yeong Ming
Analysis of Comments Received
because these companies were
All issues raised in case briefs are
unresponsive to our requests for
addressed in the Issues and Decision
information, and thereby withheld
Memorandum and are listed in
necessary information that was
requested by Commerce, failed to
Appendix I to this notice. The Issues
provide the information requested by
and Decision Memorandum is a public
the specified deadlines in the form and
document and is on file electronically
manner requested, and significantly
via Enforcement and Compliance’s
impeded the review. Further, Commerce
Antidumping and Countervailing Duty
finds that Cyuan Hong, Hsieh Shun, Qi
Centralized Electronic Service System
Ding, and Yeong Ming failed to
(ACCESS). ACCESS is available to
cooperate by not acting to the best of
registered users at https://
access.trade.gov. In addition, a complete their ability to comply with requests for
information and, thus, Commerce is
version of the Issues and Decision
applying an adverse inference in
Memorandum can be accessed directly
selecting among the facts available, in
at https://access.trade.gov/public/
accordance with section 776(b) of the
FRNoticesListLayout.aspx.
Act. Using adverse facts available
Changes Since the Preliminary Results
(AFA), we are assigning these
companies a rate of 78.17 percent,
In response to comments made by
which is the highest rate applied in any
interested parties, Commerce made
segment of this proceeding.
changes to the dumping margin
Changes Since the Preliminary Results
assigned to non-examined companies
under review. The Issues and Decision
Based on a review of the record and
Memorandum contains a description of
comments received from interested
this change.
parties regarding the Preliminary
Results, we revised the weighted
Final Determination of No Reviewable
average margin assigned to the
Sales
respondents not selected for individual
In the Preliminary Results, Commerce examination.8 For detailed information,
determined that resellers Wiresmith and see the Issues and Decision
Memorandum.
Concord International had no
reviewable sales of subject merchandise Rate for Non-Selected Companies
during the POR.6 We received no
For the rate assigned to companies not
comments from interested parties
selected for individual examination in
regarding our preliminary determination
an administrative review, generally,
and do not have any information on the
Commerce looks to section 735(c)(5) of
record to contradict this determination.
the Act which provides instructions for
Therefore, we continue to find that
calculating the all-others rate in an
these two companies had no reviewable
investigation. Under section
sales during the POR. As discussed
735(c)(5)(A) of the Act, the all-others
further in the ‘‘Assessment Rates’’
rate is normally ‘‘an amount equal to the
section below, we will instruct CBP to
weighted average of the estimated
liquidate any existing entries of subject
weighted-average dumping margins
merchandise produced by Wiresmith
established for exporters and producers
and Concord International’s respective
unaffiliated suppliers and attributed to
7 See Antidumping and Countervailing Duty
Wiresmith and Concord International at Proceedings: Assessment of Antidumping Duties, 68
FR 23954, 23954 (May 6, 2003) (Assessment of
the rate applicable to the unaffiliated
Antidumping Duties); see also Certain Pasta from
producers, or the all-others rate if there
Scope of the Order 5
5 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).
6 See Preliminary Results, 89 FR at 57857–57858.
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Turkey: Notice of Preliminary Results of
Antidumping Duty Administrative Review, 76 FR
23974, 23977 (April 29, 2011), unchanged in Pasta
from Turkey: Notice of Final Results of the 14th
Antidumping Duty Administrative Review, 76 FR
68399 (November 4, 2011).
8 See Issues and Decision Memorandum at
Comment 1.
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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ Under section
735(c)(5)(B) of the Act, if the estimated
dumping margins established for all
exporters and producers individually
investigated are zero or de minimis
margins, or are determined entirely
under section 776, the administering
authority may use any reasonable
method to establish the estimated allothers rate for exporters and producers
not individually investigated, including
averaging the dumping margins
determined for the exporters and
producers individually investigated.
For the final results of this
administrative review, we continue to
base the weighted average dumping
margins for Cyuan Hong, Hsieh Shun,
Qi Ding, and Yeong Ming, the
mandatory respondents in this review,
entirely on AFA. However, while we
preliminarily found that it was
appropriate to assign the calculated rate
from the prior proceeding to the nonselected companies under review, for
these final results of review, we have
instead assigned the non-selected
companies an average of the mandatory
respondents’ AFA rate. Therefore, we
are assigning a margin of 78.17 percent
to the companies not individually
examined (see Appendix II for a full list
of these companies). For further
discussion, see the Issues and Decision
Memorandum.
Final Results of Review
We have determined the following
dumping margins for the firms listed
below for the period July 1, 2022,
through June 30, 2023:
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Cyuan Hong Enterprise Co. .......
Hsieh Shun Iron Wire Mfg. Co.,
Ltd. ..........................................
Qi Ding Enterprise Co., Ltd. .......
Yeong Ming Steel Iron Co., Ltd.
Companies under Review Not
Selected for Individual Examination9 ....................................
78.17
78.17
78.17
78.17
78.17
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Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with the final
results of administrative review within
five days of any public announcement
or, if there is no public announcement,
within five days of the date of
publication of the notice of the final
results in the Federal Register, in
accordance with 19 CFR 351.224(b).
However, because Commerce applied
AFA to the four companies subject to
this this review, in accordance with
section 776 of the Act, there are no
calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. For the
companies that were not selected for
individual examination, we will instruct
CBP to assess antidumping duties at the
assessment rate assigned to the
companies, based on the methodology
described in the ‘‘Rate for Non-Selected
Companies’’ section, above. 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.10
Because we continue to find Concord
International and Wiresmith had no
reviewable entries during the POR in
the final results, any suspended entries
of subject merchandise associated with
these companies will be liquidated at
the rate applicable to the unaffiliated
producers, or the all-others rate if there
is no rate for the unaffiliated producers.
For entries of subject merchandise
during the POR produced by an
individually examined respondent for
which it did not know its merchandise
was destined for the United States, we
intend to instruct CBP to liquidate such
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.11
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
Upon publication of this notice in the
Federal Register, the following cash
10 See
9 See
Appendix II for a full list of companies not
individually examined in this review.
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section 751(a)(2)(C) of the Act.
Assessment of Antidumping Duties, 68 FR
at 23954.
11 See
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deposit requirements will be effective
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 of this administrative review, as
provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for Cyuan
Hong, Hsieh Shun, Qi Ding, Yeong
Ming, and the companies listed in
Appendix II will be equal to the
appropriate dumping margin
established in the final results of this
administrative review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior completed segment of
the proceeding, the cash deposit rate
will continue to be the companyspecific rate published in the completed
segment for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original less than fair value (LTFV)
investigation, but the producer has been
covered in a prior completed segment of
this proceeding, then the cash deposit
rate will be the rate established in the
completed segment for the most recent
period for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers and
exporters will continue to be 2.16
percent, the all-others rate established
in the LTFV investigation, as
amended.12 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during the POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a final
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
12 See Certain Steel Nails from Taiwan: Notice of
Court Decision Not in Harmony With Final
Determination in Less Than Fair Value
Investigation and Notice of Amended Final
Determination, 82 FR 55090 (November 20, 2017).
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Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices
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: November 20, 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 To Calculate the
Non-Selected Respondents’ Rate Based
on the Mandatory Respondents’ Rates
VI. Recommendation
Appendix II—List of Companies Under
Review Not Selected for Individual
Examination
1. Bestwell International Corporation
2. Create Trading Co., Ltd.
3. Dar Yu Enterprise Co., Ltd.
4. Fastnet Corporation
5. Foison Hardware Income
6. GoFast Company Limited
7. JCH Hardware Company Inc.
8. Jockey Ben Metal Enterprise Co., Ltd.
9. Liang Chyuan Industrial Co., Ltd.; Integral
Building Products Inc.
10. Midas Union Co., Ltd.
11. Pao Shen Enterprises Co., Ltd.
12. Rodex Fasteners Corp.
13. Spec Products Corporation
14. Ume-Pride International Inc.
15. WTA International Co., Ltd.
16. Wu Shun Enterprise Co.
17. Yeun Chang Hardware Tool Company
Limited
[FR Doc. 2024–27701 Filed 11–25–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Management and Oversight
of the National Estuarine Research
Reserve System
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
VerDate Sep<11>2014
18:03 Nov 25, 2024
Jkt 265001
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on July 16,
2024 (89 FR 57875) during a 60-day
comment period. This notice allows for
an additional 30 days for public
comments.
Agency: National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
Title: Management and Oversight of
the National Estuarine Research Reserve
System.
OMB Control Number: 0648–0121.
Form Number(s): None.
Type of Request: Regular (extension of
a current information collection).
Number of Respondents: 30 unique
respondents.
Average Hours per Response:
Management plan, 1,600 hours; site
profile, 1,800 hours; site nomination
documents, 2,500 hours; award
application, 24 hours; award reports, 14
hours; NEPA documentation, 2 hours.
Total Annual Burden Hours: 9,879.
Needs and Uses: The National
Estuarine Research Reserve System
(NERRS) is a partnership between the
National Oceanic and Atmospheric
Administration (NOAA) and 24 states
and Puerto Rico that protects more than
1.3 million coastal and estuarine acres
in 30 Reserves for long-term research,
monitoring, education, and stewardship,
established under Section 315 of the
Coastal Zone Management Act (CZMA)
of 1972 (16 U.S.C. 1451), 16 U.S.C.
1461. The NERRS consists of carefully
selected estuarine areas of the United
States that are designated, preserved,
and managed for research and
educational purposes. The Reserves are
chosen to reflect regional differences
and to include a variety of ecosystem
types according to the classification
scheme of the national program as
presented in 15 CFR part 921. As part
of a national system, the Reserves
collectively provide a unique
opportunity to address research
questions and estuarine management
issues of national significance. The
Reserves also serve to enhance public
awareness and understanding of
estuarine areas and provide suitable
opportunities for public education and
interpretation. Regulations provide
guidance for delineating Reserve
boundaries and additional guidance for
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93277
arriving at the most effective and least
costly approach to establishing adequate
state control of key land and water
areas. Any qualified public or private
persons, organizations or institutions
may compete for research funding to
work in research Reserves. In fact,
applicants are almost always states.
Subsection 315(e)(1)(B) of the CZMA
authorizes the National Ocean Service
(NOS) to make grants to, or cooperative
agreements with, any coastal state or
public or private institution or person
for purposes of supporting research
within the NERRS. This program is
listed in the Catalog of Federal Domestic
Assistance under ‘‘Coastal Zone
Management Estuarine Research
Reserve, Number 11.420.’’ Applications
for such grants follow the provisions of
2 CFR 200. During the site selection and
designation process, information is
collected from states in order to prepare
a management plan and environmental
impact statement. Designated Reserves
apply annually for operations funds by
submitting a work plan; subsequently,
progress reports are required every six
months for the duration of the award.
Each Reserve compiles an ecological
characterization or site profile to
describe the biological and physical
environment of the Reserve, research to
date and research gaps. Reserves revise
their management plans every five
years. A competitive fellowship
program supports opportunities for
graduate students to conduct research at
each Reserve. This information is
required to ensure that Reserves are
adhering to regulations and that the
Reserves are in keeping with the
purpose for which they were
designated.
Affected Public: Non-profit
institutions; state, local, or tribal
government.
Frequency: On occasion.
Respondent’s Obligation: Required to
obtain or retain funding.
Legal Authority: Coastal Zone
Management Act (CZMA) of 1972 (16
U.S.C. 1451), 16 U.S.C. 1461.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
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]]>Agencies
[Federal Register Volume 89, Number 228 (Tuesday, November 26, 2024)]
[Notices]
[Pages 93274-93277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27701]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-854]
Certain Steel Nails From Taiwan: Final Results of Antidumping
Duty Administrative Review and Final Determination of No Reviewable
Sales; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain steel nails (nails) from Taiwan were sold in the United States
at less than normal value during the period of review (POR), July 1,
2022, through June 30, 2023. Commerce also determines that certain
companies under review had no reviewable sales during the POR.
DATES: Applicable November 26, 2024.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Henry Wolfe, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington,
[[Page 93275]]
DC 20230; telephone: (202) 482-1537 or (202) 482-0574, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 16, 2024, Commerce published the preliminary results in the
2022-2023 administrative review of the antidumping duty order on nails
from Taiwan and invited interested parties to comment.\1\ On July 22,
2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\2\ The deadline for the final results is now
November 20, 2024. A summary of the events that occurred since
publication of the Preliminary Results, as well as a full discussion of
the issues raised by parties for these final results, are included in
the Issues and Decision Memorandum.\3\ Commerce conducted this
administrative review in accordance with section 751(a)(1)(B) of the
Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Steel Nails from Taiwan: Preliminary Results and
Rescission, in Part, of Antidumping Administrative Review; 2022-
2023, 89 FR 57856 (July 16, 2024). The list of companies for which
Commerce was rescinding the administrative review was subsequently
corrected; see Certain Steel Nails from Taiwan: Preliminary Results
and Rescission, in Part, of Antidumping Administrative Review; 2022-
2023; Correction, 89 FR 62721 (August 1, 2024).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Certain Steel Nails from Taiwan; 2022-2023,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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This review covers 23 producers and/or exporters of the subject
merchandise. Commerce selected four companies, Cyuan Hong Enterprise
Co. (Cyuan Hong), Hsieh Shun Iron Wire Mfg. Co., Ltd. (Hsieh Shun), Qi
Ding Enterprise Co. Ltd. (Qi Ding), and Yeong Ming Steel Iron Co., Ltd.
(Yeong Ming) for individual examination.\4\ Two companies, Wiresmith
Industrial Co., Ltd. (Wiresmith), and Concord International Engineering
& Trading Co., Ltd. (Concord International) reported having no
reviewable entries during the POR, see ``Final Determination of No
Reviewable Sales'' section below. The remaining producers and/or
exporters not selected for individual examination are listed in
Appendix II of this notice.
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\4\ See Memorandum, ``Respondent Selection,'' dated October 31,
2023; see also Memoranda, ``First Selection of Additional Mandatory
Respondents,'' dated December 29, 2023; ``Second Selection of
Additional Mandatory Respondents,'' dated January 25, 2024; and
``Third Selection of Additional Mandatory Respondents,'' dated March
7, 2024. We note that Commerce selected two additional respondents;
Concord International reported no reviewable entries and we were
unable to deliver the questionnaire to Foison Hardware Inc. at the
provided address.
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Scope of the Order 5
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\5\ 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 covered by this Order are nails from Taiwan. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in case briefs are addressed in the Issues and
Decision Memorandum and are listed in Appendix I to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
In response to comments made by interested parties, Commerce made
changes to the dumping margin assigned to non-examined companies under
review. The Issues and Decision Memorandum contains a description of
this change.
Final Determination of No Reviewable Sales
In the Preliminary Results, Commerce determined that resellers
Wiresmith and Concord International had no reviewable sales of subject
merchandise during the POR.\6\ We received no comments from interested
parties regarding our preliminary determination and do not have any
information on the record to contradict this determination. Therefore,
we continue to find that these two companies had no reviewable sales
during the POR. As discussed further in the ``Assessment Rates''
section below, we will instruct CBP to liquidate any existing entries
of subject merchandise produced by Wiresmith and Concord
International's respective unaffiliated suppliers and attributed to
Wiresmith and Concord International at the rate applicable to the
unaffiliated producers, or the all-others rate if there is no rate for
the unaffiliated producers.\7\
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\6\ See Preliminary Results, 89 FR at 57857-57858.
\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954, 23954 (May 6, 2003)
(Assessment of Antidumping Duties); see also Certain Pasta from
Turkey: Notice of Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 23974, 23977 (April 29, 2011),
unchanged in Pasta from Turkey: Notice of Final Results of the 14th
Antidumping Duty Administrative Review, 76 FR 68399 (November 4,
2011).
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Use of Adverse Facts Available
As discussed in the Preliminary Results, we are relying entirely
upon facts otherwise available, pursuant to sections 776(a) and (b) of
the Act, to assign estimated dumping margins to mandatory respondents
Cyuan Hong, Hsieh Shun, Qi Ding, and Yeong Ming because these companies
were unresponsive to our requests for information, and thereby withheld
necessary information that was requested by Commerce, failed to provide
the information requested by the specified deadlines in the form and
manner requested, and significantly impeded the review. Further,
Commerce finds that Cyuan Hong, Hsieh Shun, Qi Ding, and Yeong Ming
failed to cooperate by not acting to the best of their ability to
comply with requests for information and, thus, Commerce is applying an
adverse inference in selecting among the facts available, in accordance
with section 776(b) of the Act. Using adverse facts available (AFA), we
are assigning these companies a rate of 78.17 percent, which is the
highest rate applied in any segment of this proceeding.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we revised the
weighted average margin assigned to the respondents not selected for
individual examination.\8\ For detailed information, see the Issues and
Decision Memorandum.
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\8\ See Issues and Decision Memorandum at Comment 1.
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Rate for Non-Selected Companies
For the rate assigned to companies not selected for individual
examination in an administrative review, generally, Commerce looks to
section 735(c)(5) of the Act which provides instructions for
calculating the all-others rate in an investigation. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted-average dumping
margins established for exporters and producers
[[Page 93276]]
individually investigated, excluding any zero or de minimis margins,
and any margins determined entirely {on the basis of facts
available{time} .'' Under section 735(c)(5)(B) of the Act, if the
estimated dumping margins established for all exporters and producers
individually investigated are zero or de minimis margins, or are
determined entirely under section 776, the administering authority may
use any reasonable method to establish the estimated all-others rate
for exporters and producers not individually investigated, including
averaging the dumping margins determined for the exporters and
producers individually investigated.
For the final results of this administrative review, we continue to
base the weighted average dumping margins for Cyuan Hong, Hsieh Shun,
Qi Ding, and Yeong Ming, the mandatory respondents in this review,
entirely on AFA. However, while we preliminarily found that it was
appropriate to assign the calculated rate from the prior proceeding to
the non-selected companies under review, for these final results of
review, we have instead assigned the non-selected companies an average
of the mandatory respondents' AFA rate. Therefore, we are assigning a
margin of 78.17 percent to the companies not individually examined (see
Appendix II for a full list of these companies). For further
discussion, see the Issues and Decision Memorandum.
Final Results of Review
We have determined the following dumping margins for the firms
listed below for the period July 1, 2022, through June 30, 2023:
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\9\ See Appendix II for a full list of companies not
individually examined in this review.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Cyuan Hong Enterprise Co.................................... 78.17
Hsieh Shun Iron Wire Mfg. Co., Ltd.......................... 78.17
Qi Ding Enterprise Co., Ltd................................. 78.17
Yeong Ming Steel Iron Co., Ltd.............................. 78.17
Companies under Review Not Selected for Individual 78.17
Examination\9\.............................................
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the final results of administrative review
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of the final results in the Federal Register, in accordance with 19 CFR
351.224(b). However, because Commerce applied AFA to the four companies
subject to this this review, in accordance with section 776 of the Act,
there are no calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. For the companies
that were not selected for individual examination, we will instruct CBP
to assess antidumping duties at the assessment rate assigned to the
companies, based on the methodology described in the ``Rate for Non-
Selected Companies'' section, above. 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.\10\ Because we
continue to find Concord International and Wiresmith had no reviewable
entries during the POR in the final results, any suspended entries of
subject merchandise associated with these companies will be liquidated
at the rate applicable to the unaffiliated producers, or the all-others
rate if there is no rate for the unaffiliated producers.
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\10\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by an
individually examined respondent for which it did not know its
merchandise was destined for the United States, we intend to instruct
CBP to liquidate such entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.\11\
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\11\ See Assessment of Antidumping Duties, 68 FR at 23954.
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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 time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective 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 of
this administrative review, as provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for Cyuan Hong, Hsieh Shun, Qi Ding,
Yeong Ming, and the companies listed in Appendix II will be equal to
the appropriate dumping margin established in the final results of this
administrative review; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published in the completed segment for the
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original less than fair value (LTFV)
investigation, but the producer has been covered in a prior completed
segment of this proceeding, then the cash deposit rate will be the rate
established in the completed segment for the most recent period for the
producer of the merchandise; and (4) the cash deposit rate for all
other producers and exporters will continue to be 2.16 percent, the
all-others rate established in the LTFV investigation, as amended.\12\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\12\ See Certain Steel Nails from Taiwan: Notice of Court
Decision Not in Harmony With Final Determination in Less Than Fair
Value Investigation and Notice of Amended Final Determination, 82 FR
55090 (November 20, 2017).
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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 the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return/destruction of
[[Page 93277]]
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: November 20, 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 To Calculate the Non-Selected Respondents'
Rate Based on the Mandatory Respondents' Rates
VI. Recommendation
Appendix II--List of Companies Under Review Not Selected for Individual
Examination
1. Bestwell International Corporation
2. Create Trading Co., Ltd.
3. Dar Yu Enterprise Co., Ltd.
4. Fastnet Corporation
5. Foison Hardware Income
6. GoFast Company Limited
7. JCH Hardware Company Inc.
8. Jockey Ben Metal Enterprise Co., Ltd.
9. Liang Chyuan Industrial Co., Ltd.; Integral Building Products
Inc.
10. Midas Union Co., Ltd.
11. Pao Shen Enterprises Co., Ltd.
12. Rodex Fasteners Corp.
13. Spec Products Corporation
14. Ume-Pride International Inc.
15. WTA International Co., Ltd.
16. Wu Shun Enterprise Co.
17. Yeun Chang Hardware Tool Company Limited
[FR Doc. 2024-27701 Filed 11-25-24; 8:45 am]
BILLING CODE 3510-DS-P
