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[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]

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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.

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