[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13322-13324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04715]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-874]


Certain Steel Nails From the Republic of Korea: Final Results of 
Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that sales of 
certain steel nails (nails) from the Republic of Korea (Korea) were 
made at below normal value during the period of review (POR) July 1, 
2018, through June 30, 2019.

DATES: Applicable March 8, 2021.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor at (202) 482-5831 or Eva 
Kim at (202) 482-8283, AD/CVD Operations, Office IV, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On November 3, 2020, Commerce published the Preliminary Results in 
the Federal Register.\1\ We invited interested parties to comment on 
the Preliminary Results. For events subsequent to the Preliminary 
Results, see the Issues and Decision Memorandum.\2\
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    \1\ See Certain Steel Nails from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission of Antidumping Duty; 2018-2019, 85 FR 69576 
(November 3, 2020) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 Administrative Review of the 
Antidumping Duty Order on Certain Steel Nails from the Republic of 
Korea,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Scope of the Order

    The merchandise covered by this order is steel nails having a 
nominal shaft length not exceeding 12 inches.\3\ Merchandise covered by 
the order is currently classified under the 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. 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\
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    \3\ The shaft length of certain steel nails with flat heads or 
parallel shoulders under the head shall be measured from under the 
head or shoulder to the tip of the point. The shaft length of all 
other certain steel nails shall be measured overall.
    \4\ See Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues that parties raised and to which we 
responded is attached to this notice as an 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

[[Page 13323]]

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 http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received from parties, we 
have made changes to the margin calculations of Daejin Steel Company 
(Daejin) and Korea Wire Co., Ltd. (Kowire). For Daejin, we allocated 
all credit card entertainment expenses to general and administrative 
(G&A) expenses.\5\ For Kowire, we corrected a currency conversion.\6\
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    \5\ See Memorandum, ``Final Results Analysis Memorandum for 
Daejin Steel Company,'' dated concurrently with this memorandum.
    \6\ See Memorandum, ``Final Results Analysis Memorandum for 
Korea Wire Co., Ltd. (Kowire); 2018-2019,'' dated concurrently with 
this memorandum.
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Final Results of the Review

    We are assigning the following weighted-average dumping margins to 
the producer/exporters listed below for the period July 1, 2018 through 
June 30, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or exporter                      dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Daejin Steel Company........................................        1.84
Korea Wire Co., Ltd.........................................        2.29
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after publication of these final results in 
the Federal Register, in accordance with section 751(a) of the Act and 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce shall determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review.
    We intend to calculate importer- (or customer-) specific assessment 
rates on the basis of the ratio of the total amount of antidumping 
duties calculated for each importer's (or customer's) examined sales 
and the total entered value of the sales in accordance with 19 CFR 
351.212(b)(1). Where an importer- (or customer-) specific rate is zero 
or de minimis within the meaning of 19 CFR 351.106(c)(1), we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
that the merchandise they sold to the intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\7\
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    \7\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    The final results of this administrative review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
under review and for future cash deposits of estimated duties, where 
applicable. 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 effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the 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 respondents 
noted above will be the rate established in the final results of this 
administrative review, except if the rate is less than 0.50 percent 
and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(I), 
in which case the cash deposit rate 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; (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 
is, the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the producer of the 
subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 11.80 percent, the all-
others rate established in the LTFV investigation.\8\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \8\ See Certain Steel Nails from the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20, 
2015).
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Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 doubled 
antidumping duties.

Administrative Protective Order

    This notice also serves as a 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.

Notice to Interested Parties

    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.

    Dated: March 2, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Final Issues and Decision 
Memorandum

I. Summary
II. List of Comments
III. Background
IV. Scope of the Order

[[Page 13324]]

V. Changes Made Since the Preliminary Results
VI. Analysis of Comments
    Comment 1: Whether Commerce Should Reallocate Certain Common 
Expenses From General & Administrative (G&A) Expenses
    Comment 2: Whether Commerce Should Reallocate Daejin's Credit 
Card Expenses Completely to G&A Expenses
    Comment 3: Whether Commerce Should Adjust Differential Pricing
    Comment 4: Whether Daejin's Interest Expense Offset for Interest 
Revenue Should Be Denied
    Comment 5: Whether Commerce Should Correct the Currency for 
Commissions
    Comment 6: Whether Commerce Should Correct the Spelling of 
Kowire in Draft Liquidation Instructions
VII. Recommendation

[FR Doc. 2021-04715 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P