[Federal Register Volume 89, Number 5 (Monday, January 8, 2024)]
[Notices]
[Pages 902-904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00086]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-831]


Stainless Steel Sheet and Strip in Coils From Taiwan: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that the 
producers/exporters subject to this administrative review made sales of 
subject merchandise at less than normal value during the period of 
review (POR), July 1, 2021, through June 30, 2022. Additionally, 
Commerce determines that four companies for which we initiated a review 
had no shipments during the POR.

DATES: Applicable January 8, 2024.

FOR FURTHER INFORMATION CONTACT: Rebecca Janz, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2972.

SUPPLEMENTARY INFORMATION: 

Background

    On April 6, 2023, Commerce published in the Federal Register the 
Preliminary Results of the 2021-2022 administrative review \1\ of the 
antidumping duty order on Stainless Steel Sheet and Strip in Coils from 
Taiwan.\2\ In May 2023, domestic interested parties \3\ and CME 
Acquisitions (CME), an importer of the subject merchandise, submitted 
case and rebuttal briefs.\4\ On December 12, 2023, Commerce extended 
the time period for issuing the final results of this review until 
December 29, 2023.\5\ For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\6\ Commerce conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Stainless Steel Sheet and Strip in Coils from Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021, 88 FR 20481 (April 6, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Notice of Antidumping Duty Order; Stainless Steel Sheet 
and Strip in Coils from United Kingdom, Taiwan, and South Korea, 64 
FR 40555 (July 27, 1999) (Order).
    \3\ The domestic interested parties are Outokumpu Stainless USA, 
LLC and North American Stainless (hereinafter, domestic interested 
parties).
    \4\ See Domestic Interested Parties' Letter, ``Case Brief 
Submitted on Behalf of Domestic Interested Parties,'' dated May 8, 
2023; See CME's Letter, ``CME Reply Brief in Support of Commerce's 
Preliminary Results,'' dated May 15, 2023.
    \5\ See Memorandum, ``Fourth Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review,'' dated December 
12, 2023; see also Memorandum, ``Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review,'' dated July 27, 
2023; and Memorandum, ``Second Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review,'' dated October 
26, 2023; and Memorandum, ``Third Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review,'' dated November 
29, 2023.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020-2021 Administrative Review of the 
Antidumping Duty Order on Stainless Steel Sheet and Strip in Coils 
from Taiwan,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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    This review covers 61 producers and/or exporters of the subject 
merchandise. Commerce selected two companies, Lien Kuo Metal Industries 
Co., Ltd. (Lien Kuo) and S More Steel Materials Co., Ltd. (S More) for 
individual examination.\7\ Four companies, Yieh Mau Corporation (Yieh 
Mau), Yuen Chang Stainless Steel Co., Ltd. (Yuen Chang), and Yieh Phui 
Enterprise Co., Ltd. (Yieh Phui), and Yieh United Steel Corporation 
(YUSCO) reported having no shipments during the POR, see 
``Determination of No Shipments'' section below. The remaining 
producers and/or exporters not selected for individual examination are 
listed in the ``Final Results of the Review'' section of this notice.
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    \7\ See Memorandum, ``Respondent Selection,'' dated October 7, 
2022.
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Scope of the Order

    The merchandise subject to the Order is certain stainless steel 
sheet and strip in coils from Taiwan. A complete description of the 
scope of the Order is contained in the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this administrative review are addressed in the Issues and Decision 
Memorandum and are listed in the appendix 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 http://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 Results, Commerce preliminarily determined that 
Yieh Mau Corporation (Yieh Mau), Yieh Phui Enterprise Co., Ltd. (Yieh 
Phui), Yuen Chang Stainless Steel Co., Ltd. (Yuen Chang), and Yieh 
United Steel Corporation (YUSCO) made no shipments of subject 
merchandise into the United States during the POR.\8\ 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 Yieh 
Mau, Yieh Phui, Yuen Chang, and YUSCO made no shipments of subject 
merchandise during the POR. Accordingly, consistent with Commerce's 
practice, we intend to instruct U.S. Customs and Border Protection 
(CBP) to liquidate any existing entries of subject merchandise produced 
by Yieh Mau, Yieh Phui, Yuen Chang, or YUSCO, but exported by other 
parties, at the rate for the intermediate reseller, if available, or at 
the all-others rate.\9\
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    \8\ See Preliminary Results, 88 FR at 20482.
    \9\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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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.\10\ For detailed information, see the Issues 
and Decision Memorandum.
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    \10\ See Issues and Decision Memorandum at Comment 2.
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Rate for Non-Selected Respondents

    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 individually 
investigated, excluding any

[[Page 903]]

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 Lien Kuo and S More the 
mandatory respondents in this review, entirely on facts otherwise 
available with adverse inferences (AFA). However, while we 
preliminarily found that it was not appropriate to assign this rate to 
the non-selected companies under review, for these final results of 
review, we find that the mandatory respondents' AFA rate is reasonably 
reflective of non-selected companies' potential dumping margins during 
the POR. Therefore, we are assigning a margin of 21.10 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

    As a result of this review, we determine that the following 
weighted-average dumping margins exist for the period July 1, 2021, 
through June 30, 2022: \11\
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    \11\ See Appendix II for a full list of companies not 
individually examined in this review.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Exporter and/or producer                      dumping
                                                                margin
                                                               (percent)
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Lien Kuo Metal Industries Co., Ltd..........................       21.10
S More Steel Materials Co., Ltd.............................       21.10
Companies Not Individually Examined.........................       21.10
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the final results 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 total AFA to the mandatory respondents in this 
administrative review, and the applied AFA rate is based on a rate 
calculated for a respondent in a prior segment of this proceeding, 
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.\12\
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    \12\ See section 751(a)(2)(C) of the Act.
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    As indicated above, for Yieh Mau, Yieh Phui, Yuen Chang, and YUSCO, 
we will instruct CBP to liquidate any existing entries of merchandise 
produced by these companies, but exported by other parties, at the rate 
for the intermediate reseller, if available, or at the all-others rate.
    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 the companies subject to this review 
will be equal to the weighted-average dumping margin established in the 
final results of this 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 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 or exporters will continue to be 12.61 percent, the 
all-others rate established in the LTFV investigation for this 
proceeding.\13\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \13\ See Order.
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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 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 doubled antidumping duties.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 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 subject 
to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).


[[Page 904]]


    Dated: December 29, 2023.
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: Application of Facts Available with an Adverse 
Inference
    Comment 2: Rate Assigned to the Non-Selected Companies
VI. Recommendation

Appendix II

List of Companies Not Selected for Individual Examination

1. Broad International Resources Ltd.
2. Chain Chon Industrial Co., Ltd.
3. Cheng Feng Plastic Co., Ltd.
4. Chia Far Industrial Factory Co., Ltd.
5. Chien Shing Stainless Co.
6. China Steel Corporation
7. Chung Hung Steel Corp
8. Chyang Dah Stainless Co., Ltd.
9. Dah Shi Metal Industrial Co., Ltd.
10. Da-Tsai Stainless Steel Co., Ltd.
11. DB Schenker (HK) Ltd. Taiwan Branch.
12. DHV Technical Information Co., Ltd.
13. Froch Enterprises Co., Ltd.
14. Gang Jou Enterprise Co., Ltd.
15. Genn Hann Stainless Steel Enterprise Co., Ltd.
16. Goang Jau Shing Enterprise Co., Ltd.
17. Goldioceans International Co., Ltd.
18. Gotosteel Ltd.
19. Grace Alloy Corp.
20. Hung Shuh Enterprises Co., Ltd.
21. Hwang Dah Steel Inc.
22. Jie Jin Stainless Steel Industry Co., Ltd.
23. JJSE Co., Ltd.
24. KNS Enterprise Co., Ltd.
25. Lancer Ent. Co., Ltd.
26. Lien Chy Laminated Metal Co., Ltd.
27. Lih Chan Steel Co., Ltd.
28. Lung An Stainless Steel Ind. Co., Ltd.
29. Master United Corp.
30. Maytun International Corp.
31. NKS Steel Ind. Ltd.
32. PFP Taiwan Co., Ltd.
33. Po Chwen Metal.
34. Prime Rocks Co., Ltd.
35. Shih Yuan Stainless Steel Enterprise Co., Ltd.
36. Silineal Enterprises Co., Ltd.
37. Stanch Stainless Steel Co., Ltd.
38. Ta Chen Stainless Pipe Co., Ltd.
39. Tah Lee Special Steel Co., Ltd.
40. Taiwan Nippon Steel Stainless.
41. Tang Eng Iron Works.
42. Teng Yao Hardware Industrial Co., Ltd.
43. Tibest International Inc.
44. Ton Yi Industrial Corp
45. Tsai See Enterprise Co., Ltd.
46. Tung Mung Development Co., Ltd.\14\
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    \14\ Stainless steel sheet and strip in coils produced and 
exported by Tung Mung Development Co., Ltd. were excluded from the 
Order, effective October 16, 2002. See Notice of Amended Final 
Determination in Accordance with Court Decision of the Antidumping 
Duty Investigation of Stainless Steel Sheet and Strip in Coils from 
Taiwan, 69 FR 67311, 67312 (November 17, 2004). Accordingly, the 
rate assigned for Tung Mung Development Co., Ltd. in this review is 
only for where the company was the producer or exporter of subject 
merchandise but not both.
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47. Vasteel Enterprises Co., Ltd.
48. Vulcan Industrial Corporation.
49. Wuu Jing Enterprise Co., Ltd.
50. Yc Inox Co., Ltd.
51. Yes Stainless International Co., Ltd.
52. Yieh Trading Corp.
53. Yu Ting Industries Co., Ltd.
54. Yue Seng Industrial Co., Ltd.
55. Yung Fa Steel & Iron Industry Co., Ltd.

[FR Doc. 2024-00086 Filed 1-5-24; 8:45 am]
BILLING CODE 3510-DS-P