86 FR 212 pgs. 61139-61140 - Certain Steel Nails From Taiwan: Final Determination of No Shipments in the Antidumping Duty Administrative Review; 2019-2020
Type: NOTICEVolume: 86Number: 212Pages: 61139 - 61140
Pages: 61139, 61140Docket number: [A-583-854]
FR document: [FR Doc. 2021-24266 Filed 11-4-21; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-854]
Certain Steel Nails From Taiwan: Final Determination of No Shipments in the Antidumping Duty Administrative Review; 2019-2020
AGENCY:
Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce.
SUMMARY:
The Department of Commerce (Commerce) determines that Create Trading Co., Ltd. (Create Trading), the sole company under review, made no shipments of certain steel nails from Taiwan during the period of review (POR), July 1, 2019, to June 30, 2020.
DATES:
Applicable November 5, 2021.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Determination of the administrative review of certain steel nails from Taiwan on June 9, 2021. 1 The review covers one company, Create Trading Co., Ltd., which filed a statement of no sales. 2
Footnotes:
1 ? See Certain Steel Nails from Taiwan: Preliminary Determination of No Shipments in the Antidumping Duty Administrative Review; 2019-2020, 86 FR 30590 (June 9, 2021) ( Preliminary Determination ).
2 ? See Create Trading's Letter, "Statement of No Sales to the United States," dated September 21, 2020. Specifically, Create Trading certified that all of its exports of subject merchandise were produced by unaffiliated producers that had knowledge of final destination to the United States at the time of sale to Create Trading, and thus, Create Trading certified that it has no reviewable sales for this POR.
Scope of the Order? 3
Footnotes:
3 ? See Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) ( Order ).
The merchandise covered by this Order is certain steel nails from Taiwan. The certain steel nails subject to the Order are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain steel nails subject to this Order also may be classified under HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this Order is dispositive. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. 4
Footnotes:
4 ? See Memorandum, "Issues and Decision Memorandum for the Final Determination of No Shipments in the Antidumping Duty Administrative Review: Certain Steel Nails from Taiwan; 2019-2020," dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
In the Issues and Decision Memorandum, we address the sole issue raised in the case and rebuttal briefs submitted by interested parties. In the appendix to this notice, we provide a list of the topics discussed in the accompanying Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Determination of No Shipments
In the Preliminary Determination, Commerce determined that Create Trading had no shipments of subject merchandise during the POR. 5 As we have not received any information to contradict this determination, we continue to find that Create Trading had no shipments during the POR.
Footnotes:
5 ? See Preliminary Determination, 86 FR at 30591.
Assessment Rates
As discussed in the Preliminary Determination, 6 consistent with our reseller policy, we find it appropriate in this case to instruct U.S. Customs and Border Protection (CBP) to liquidate any existing entries of subject merchandise produced by Create Trading's unaffiliated producers and attributed to Create Trading at the rate applicable to the producer(s). 7 Because none of the producer(s) have their own rates, we will instruct CBP to liquidate entries at the all-others rate from the investigation, as revised, of 2.16 percent, 8 in accordance with the reseller policy. 9
Footnotes:
6 ? Id.
7 ? See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) ( Assessment of Antidumping Duties ).
8 ?The all-others rate from the underlying investigation was revised in 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, 55091 (November 20, 2017) ( Amended LTFV Final ).
9 ? See Assessment of Antidumping Duties.
Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be in effect for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) For merchandise exported by manufacturers or exporters not covered in this 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; (2) if the exporter is not a firm covered in a prior review, or the original investigation, but the manufacturer is, then the cash deposit rate will be the rate established for the most recently completed segment for the manufacturer of the merchandise; and (3) the cash deposit rate for all other manufacturers or exporters will continue to be 2.16 percent, the all-others cash deposit rate established in the Amended LTFV Final. These cash deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
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.
Notification Regarding Administrative Protective Order
This notice also serves as a final reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: November 1, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue
Comment: Whether to Publicly Disclose the Names of Create Trading's Unaffiliated Suppliers
V. Recommendation
[FR Doc. 2021-24266 Filed 11-4-21; 8:45 am]
BILLING CODE 3510-DS-P