[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43185-43187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16838]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-856]


Certain Corrosion-Resistant Steel Products From Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review, Partial 
Rescission of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers/exporters subject to this review made sales of subject 
merchandise at less than normal value during the period of review (POR) 
July 1, 2019, through June 30, 2020. We further preliminarily determine 
that Synn Industrial Co., Ltd. (Synn) had no shipments during the POR. 
We are also rescinding this review for three companies. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable August 6, 2021.

FOR FURTHER INFORMATION CONTACT: Charles Doss or Kate Sliney, 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) 482-4474 and (202) 482-2437, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce is conducting an administrative review of the antidumping 
duty (AD) order on certain corrosion-resistant steel products (CORE) 
from Taiwan,\1\ covering the following two respondents: (1) Prosperity 
Tieh Enterprise Co., Ltd. (Prosperity); and (2) the previously 
collapsed Yieh Phui Enterprise Co., Ltd. (YP) and Synn entity 
(collectively, YP/Synn).\2\ On March 25, 2021, we extended the 
preliminary results of this review to no later than July 30, 2021.\3\ 
For a complete description of the events that followed the initiation 
of this review, see the Preliminary Decision Memorandum.\4\ A list of 
topics included in the Preliminary Decision Memorandum is included as 
an appendix to this notice. The Preliminary 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, the complete Preliminary 
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/index.html.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 54983 (September 3, 2020).
    \2\ In the less-than-fair-value (LTFV) investigation of the AD 
order, we collapsed Prosperity, YP, and Synn and treated them as a 
single entity. See Certain Corrosion-Resistant Steel Products from 
Taiwan: Final Determination of Sales at Less Than Fair Value and 
Final Affirmative Determination of Critical Circumstances, in Part, 
81 FR 35313 (June 2, 2016), and accompanying Issues and Decision 
Memorandum at Comment 3 (Taiwan CORE LTFV Final), unchanged in 
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) 
(Order). The determination to collapse Prosperity with Synn was 
challenged by respondent parties in the investigation and was 
subject to pending litigation in Taiwan CORE LTFV Final. In the 
first antidumping duty administrative review, we determined to no 
longer collapse Prosperity with YP and Synn, but we continued to 
collapse YP and Synn and treated them as a single entity. 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); unchanged in Certain Corrosion-Resistant 
Steel Products From Taiwan: Final Results of Antidumping Duty 
Administrative Review; 2016-2017, 83 FR 64527 (December 17, 2018); 
amended by Certain Corrosion-Resistant Steel Products From Taiwan: 
Amended Final Results of Antidumping Duty Administrative Review; 
2016-2017, 84 FR 5991 (February 25, 2019).
    \3\ See Memorandum, ``Certain Corrosion-Resistant Steel Products 
from Taiwan: Extension of Time Limit for Preliminary Results of the 
2019-2020 Antidumping Duty Administrative Review,'' dated March 25, 
2021.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Rescission of the 2019-2020 Antidumping Duty 
Administrative Review: Certain Corrosion-Resistant Steel Products 
from Taiwan,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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    \5\ For the full text of the scope of the Order, see the 
Preliminary Decision Memorandum.
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    The products covered by the Order are 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, 
7210.49.0040, 7210.49.0045, 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.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. On 
November 30, 2020, Great Grandeul Steel Co., Ltd., Great Fortune Steel 
Co., Ltd., and Great Grandeul Steel Company Limited (a.k.a. Great 
Grandeul Steel Company Limited Somoa and Great Grandeul Steel Company 
Limited (Somoa)) timely withdrew their self-request for an 
administrative review. No other party requested a review of these 
companies. Accordingly, we are rescinding this review, in part, with 
respect to these companies, pursuant to 19 CFR 351.213(d)(1).

Preliminary Determination of No Shipments

    On September 30, 2020, Synn submitted a letter certifying that it 
had no exports or sales of subject merchandise into the United States

[[Page 43186]]

during the POR.\6\ Currently, the record contains no information which 
contradicts Synn's claim, and we will revisit this issue following 
these preliminary results if we receive additional information from 
U.S. Customs and Border Protection (CBP). Therefore, pursuant to our 
preliminarily determination to treat YP and Synn as distinct 
respondents for the purposes of this administrative review, as 
discussed immediately below, we preliminarily determine that Synn did 
not have any reviewable transactions during the POR. Consistent with 
Commerce's practice, we will not rescind the review with respect to 
Synn, but rather will complete the review and issue instructions to CBP 
based on the final results.\7\
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    \6\ See Synn's Letter, ``Corrosion-Resistant Steel Products from 
Taiwan; No Shipment Certification,'' dated September 30, 2020.
    \7\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
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Affiliation and Collapsing

    As noted above, YP and Synn were collapsed and treated as a single 
entity for the purposes of the LTFV investigation and prior 
administrative reviews of this antidumping order. As a result, we 
selected the YP/Synn entity as a single combined respondent and treated 
it as such in the pre-preliminary phase of this review. Subsequently, 
in the immediately preceding administrative review of this case, we 
determined that YP and Synn should no longer be collapsed.\8\ As the 
instant record mirrors that of the preceding review with respect to 
this issue, and we have received no comments contesting the 
determination not to collapse the YP/Synn entity, we preliminarily 
determine that YP and Synn should not be collapsed in this review.\9\
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    \8\ See Certain Corrosion-Resistant Steel Products from Taiwan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2018-2019, 85 FR 74669 
(November 23, 2020), unchanged in Certain Corrosion-Resistant Steel 
Products from Taiwan: Final Results of the Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2018-
2019, 86 FR 28554 (May 27, 2021).
    \9\ See Preliminary Decision Memorandum at Section V, 
``Affiliation and Collapsing.''
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1) and (2) of Tariff Act of 1930, as amended (the Act). Export 
price and constructed export price were calculated in accordance with 
section 772 of the Act. Normal value is calculated in accordance with 
section 773 of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.

Preliminary Results of the Review

    Commerce preliminarily determines the following weighted-average 
dumping margins exist for the period July 1, 2019, through June 30, 
2020:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
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Prosperity Tieh Enterprise Co., Ltd.....................            3.63
Sheng Yu Steel Co., Ltd.................................            3.08
Yieh Phui Enterprise Co., Ltd...........................            1.97
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.
    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), we will 
calculate importer-specific ad valorem AD assessment rates based on the 
ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1).\10\ We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate calculated in the 
final results of this review is above de minimis (i.e., 0.50 percent). 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis, or an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. 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 where 
applicable.
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    \10\ In these preliminary 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 Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
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    For the company which was not selected for individual review (i.e., 
Sheng Yu Steel Co., Ltd.), we will assign an assessment rate based on 
the weighted-average of the cash deposit rates calculated for the 
companies selected for mandatory review (i.e., Prosperity and YP), 
excluding any which are de minimis or determined entirely on adverse 
facts available. 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.\11\
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    \11\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by each 
respondent for which they did not know that their merchandise was 
destined for the United States, we will instruct CBP to liquidate 
entries not reviewed at the all-others rate of 3.66 percent established 
in the LTFV investigation \12\ if there is no rate for the intermediate 
company(ies) involved in the transaction.\13\ We intend to issue 
assessment instructions to CBP no earlier than 35 days after 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).
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    \12\ See Corrosion-Resistant Steel Products from Taiwan: Notice 
of Court Decision Not in Harmony with Final Determination of 
Antidumping Duty Investigation and Notice of Amended Final 
Determination of Investigation, 84 FR 6129 (February 26, 2019) 
(Amended Final Determination).
    \13\ 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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Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of CORE from Taiwan entered, or withdrawn from warehouse, 
for consumption on or after the date of publication provided by section 
751(a)(2) of the Act: (1) The cash deposit rate for each company listed 
above will be equal to the dumping margins established in the final 
results of this review except if the ultimate rates are de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rates will be zero; (2)

[[Page 43187]]

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 in 
which the producer or exporter participated; (3) if the exporter is not 
a firm covered in this review, a prior review, or the original LTFV 
investigation but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of the 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
3.66 percent, the all-others rate established in Amended Final 
Determination.\14\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \14\ See Amended Final Determination.
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Verification

    On December 3, 2020, AK Steel Corporation (AK Steel), a domestic 
interested party, requested, pursuant to 19 CFR 351.307(b)(1)(v) that 
Commerce conduct verification of the questionnaire responses of 
Prosperity and YP.\15\ Commerce is currently unable to conduct on-site 
verification of the information relied upon in making its final results 
of this administrative review. Accordingly, we intend to take 
additional steps in lieu of on-site verification to verify the 
information. Commerce will notify interested parties of any additional 
documentation or information required.
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    \15\ See AK Steel's Letter, ``Petitioner's Request for 
Verification,'' dated December 3, 2020.
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Disclosure and Public Comment

    Commerce will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\16\ Case 
briefs may be submitted to the Assistant Secretary for Enforcement and 
Compliance. Interested parties will be notified of the timeline for the 
submission of such case briefs and written comments at a later date. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than seven days after the date for filing case 
briefs.\17\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are requested to submit with the argument: (1) A statement 
of the issue, (2) a summary of the argument, and (3) a table of 
authorities.\18\ All briefs must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\19\
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    \16\ See 19 CFR 351.224(b).
    \17\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020) (collectively, Temporary Rule).
    \18\ See 19 CFR 351.309(c)(2) and (d)(2).
    \19\ See Temporary Rule.
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\20\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing at a time and location to 
be determined.\21\ Parties should confirm by telephone the date, time, 
and location of the hearing.
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    \20\ See 19 CFR 351.310(c).
    \21\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results 
of this administrative review, including the results of our analysis of 
the issues raised by the parties in their case briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Notification to Importers

    This notice also serves as a preliminary 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 double antidumping duties.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: July 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Affiliation and Collapsing
VI. Preliminary Determination of No Shipments
VII. Duty Absorption
VIII. Rate for Respondent Not Selected for Individual Examination
IX. Discussion of the Methodology
X. Currency Conversion
XI. Recommendation

[FR Doc. 2021-16838 Filed 8-5-21; 8:45 am]
BILLING CODE 3510-DS-P