[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Notices]
[Pages 64527-64528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27244]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-856]


Certain Corrosion-Resistant Steel Products From Taiwan: Final 
Results of Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that 
producers/exporters subject to this review made sales of subject 
merchandise at less than normal value during the period of review (POR) 
June 2, 2016, through June 30, 2017.

DATES: Applicable December 17, 2018.

FOR FURTHER INFORMATION CONTACT: Shanah Lee or Emily Halle, 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) 482-6386 or (202) 482-0176, 
respectively.

Background

    On August 10, 2018, Commerce published the Preliminary Results for 
this administrative review.\1\ We invited interested parties to comment 
on the Preliminary Results. This review covers four respondents: Chung 
Hung Steel Corporation, Prosperity, SYSCO, and Yieh Phui/Synn. We 
received case briefs from AK Steel Corporation, California Steel 
Industries, Inc., Steel Dynamics Inc., ArcelorMittal USA LLC, Nucor 
Corporation (collectively, the petitioners), United States Steel 
Corporation (U.S. Steel), Prosperity Tieh Enterprise Co., Ltd. 
(Prosperity), Sheng Yu Steel Co., Ltd. (SYSCO), Toyota Tsusho America, 
Inc. (TAI), and Yieh Phui Enterprise Co., Ltd. (Yieh Phui) and Synn 
Industrial Co., Ltd. (collectively, Yieh Phui/Synn). We received 
rebuttal briefs from the petitioners, U.S. Steel, and SYSCO. Commerce 
conducted this review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Certain Corrosion-Resistant Steel Products from Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 39679 (August 10, 2018) (Preliminary Results).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the order is 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. The subject merchandise is currently classifiable 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 
7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000, 7210.70.6030, 
7210.70.6060, 7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000, 
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 
7212.40.5000, 7212.50.0000, and 7212.60.0000. The products subject to 
the orders may also enter under the following HTSUS item numbers: 
7210.90.1000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500, 
7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 
7217.90.5090, 7225.91.0000, 7225.92.0000, 7225.99.0090, 7226.99.0110, 
7226.99.0130, 7226.99.0180, 7228.60.6000, 7228.60.8000, and 
7229.90.1000. The HTSUS subheadings above are provided for convenience 
and customs purposes only. The written description of the scope of the 
order is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the accompanying Issues and Decision 
Memorandum, which is hereby adopted by this notice.\2\ A list of the 
issues which parties raised, and to which we respond in the Issues and 
Decision Memorandum, is attached at the Appendix. 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 and in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html. 
The signed Issues and Decision Memorandum and the electronic version of 
the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review of Certain 
Corrosion-Resistant Steel Products from Taiwan, 2016-2017,'' dated 
concurrently with and hereby adopted by this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the preliminary weighted-average margin calculations for 
Prosperity, SYSCO, and Yieh Phui/Synn. For detailed

[[Page 64528]]

information, see the Issues and Decision Memorandum.

Final Results of the Administrative Review

    We determine that the following weighted-average dumping margins 
exist for the respondents for the period June 2, 2016, through June 30, 
2017.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Chung Hung Steel Corporation................................    \3\ 2.59
Prosperity Tieh Enterprise Co., Ltd.........................        2.15
Yieh Phui Enterprise Co., Ltd. and Synn Industrial Co., Ltd.        2.22
Sheng Yu Steel Co. Ltd......................................        4.90
------------------------------------------------------------------------

Assessment Rates
---------------------------------------------------------------------------

    \3\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis or based entirely on facts available. See section 
735(c)(5)(A) of the Act.
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    For Prosperity, SYSCO, and Yieh Phui/Synn, we calculated importer-
specific assessment rates on the basis of the ratio of the total amount 
of antidumping duties calculated for each importer's examined sales and 
the total entered value of the sales in accordance with 19 CFR 
351.212(b)(1).\4\ For entries of subject merchandise during the POR 
produced by Prosperity, SYSCO, or Yieh Phui/Synn for which the producer 
did not know its merchandise was destined for the United States, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.
---------------------------------------------------------------------------

    \4\ In these final 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 Duty Proceedings; Final Modification, 77 FR 8101 
(February 14, 2012).
---------------------------------------------------------------------------

    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the average of the cash deposit 
rates calculated for Prosperity, SYSCO, or Yieh Phui/Synn.\5\ 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.\6\
---------------------------------------------------------------------------

    \5\ This rate was calculated as discussed in footnote 3, above.
    \6\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice for all shipments of certain corrosion-
resistant steel products from Taiwan entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for the companies listed above will be equal to the weighted-average 
dumping margins 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 for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation but the producer has been covered in a prior complete 
segment of this proceeding, the cash deposit rate will be the rate 
established for the most recent period for the producer of the 
merchandise; (4) the cash deposit rate for all other manufacturers or 
exporters will continue to be 10.34 percent,\7\ the all-others rate 
determined in the less-than-fair-value investigation. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \7\ 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, 82 FR 48390 (July 25, 
2016).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation, which is subject to sanction.
    This notice is published in accordance with sections 751(a)(1) and 
777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: December 10, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive duties and functions 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. Margin Calculations
V. Discussion of the Issues
    Comment 1: Whether to Use Quarterly Costs for Yieh Phui/Synn and 
Prosperity
    Comment 2: Minor Corrections to Prosperity's Preliminary Results
    Comment 3: Whether to Adjust Prosperity's Material Cost for 
Scrap
    Comment 4: Whether to Grant Certain Post-Sale Price Adjustments 
to SYSCO
    Comment 5: Company-Specific Assessment Rate
    Comment 6: Whether to Apply Partial Facts Available to Calculate 
the Indirect Selling Expenses of SYSCO's Affiliated Reseller
    Comment 7: Correct Conversion of SYSCO's Commission
    Comment 8: Corrections to Yieh Phui/Synn's Preliminary Results
    Comment 9: Yieh Phui/Synn's Correct Date of Sale
VI. Recommendation

[FR Doc. 2018-27244 Filed 12-14-18; 8:45 am]
 BILLING CODE 3510-DS-P