[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41813-41815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16476]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


Certain Steel Nails From Malaysia: Preliminary Results and 
Partial Rescission of Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
certain steel nails from Malaysia were sold in the United States at 
less than normal value during the period of review, July 1, 2019, 
through June 30, 2020. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable August 3, 2021.

FOR FURTHER INFORMATION CONTACT: Preston Cox, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-5041.

SUPPLEMENTARY INFORMATION:

Background

    On September 3, 2020, Commerce published the notice of initiation 
of the administrative review of the antidumping duty order on certain 
steel nails from Malaysia.\1\ On October 27, 2020, Commerce selected 
Region International Co., Ltd. and Region System Sdn. Bhd. 
(collectively, Region) as the mandatory respondent in this 
administrative review.\2\ On March 25, 2021, we extended the time limit 
for completion of these preliminary results to July 30, 2021, in 
accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (the Act).\3\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\4\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation 
Notice).
    \2\ See Memorandum, ``Administrative Review of Antidumping Duty 
Order on Certain Steel Nails from Malaysia: Respondent Selection,'' 
dated October 27, 2020. Commerce has preliminarily determined to 
collapse the Region companies and treat them as a single entity. For 
a discussion of the collapsing criteria, see Memorandum, ``Analysis 
Memorandum for Region International Co., Ltd. and Region System Sdn. 
Bhd. in the Preliminary Results of the 2019/2020 Administrative 
Review of the Antidumping Duty Order on Certain Steel Nails from 
Malaysia,'' dated concurrently with this notice.
    \3\ See Memorandum, ``Certain Steel Nails from Malaysia: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review; 2019-2020,'' dated March 25, 2021.
    \4\ See Memorandum, ``Certain Steel Nails from Malaysia: 
Decision Memorandum for Preliminary Results and Partial Rescission 
of Antidumping Duty Administrative Review; 2019-2020,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the scope of the order are certain steel 
nails from Malaysia. For a complete description of the scope of this 
administrative review, see the Preliminary Decision Memorandum.

Partial Rescission of Administrative Review

    In the Initiation Notice, we initiated a review of twenty-five 
companies. Subsequently, Mid Continent Steel & Wire, Inc. (the 
petitioner) withdrew its request for review with respect to twenty of 
these companies.\5\ No other parties had requested a review of these 
companies. Thus, in response to the petitioner's timely withdrawal of 
its request and pursuant to 19 CFR 351.213(d)(1), we are rescinding the 
administrative review of the twenty companies listed in Appendix II to 
this notice.
---------------------------------------------------------------------------

    \5\ See Petitioner's Letter, ``Certain Steel Nails from 
Malaysia--Withdrawal of Request for Administrative Review,'' dated 
September 24, 2020 (Petitioner's Withdrawal of Request for 
Administrative Review).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. For a full description of the methodology underlying 
these preliminary results, see the Preliminary Decision Memorandum. The 
Preliminary Decision Memorandum is a public document and is made 
available to the public 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 Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/index.html. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
Appendix I to this notice.

Rate for Non-Selected Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. 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 zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this review, we preliminarily calculated a weighted-average 
dumping margin for Region that was not zero, de minimis, or based on 
facts available. Accordingly, we have preliminarily assigned the 
weighted-average dumping margin calculated for Region as the weighted-
average dumping margin for the non-individually examined companies.

Preliminary Results of Review

    We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period July 1, 2019, through June 
30, 2020:

[[Page 41814]]



------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Producer/exporter                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Region International Co., Ltd. and Region System Sdn.               1.77
 Bhd....................................................
Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd \6\.......            1.77
Tag Fasteners Sdn. Bhd..................................            1.77
------------------------------------------------------------------------

Disclosure and Public Comment
---------------------------------------------------------------------------

    \6\ Commerce determined to collapse, and treat as a single 
entity, affiliates Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd. in 
the final results of the 2018-2019 antidumping duty administrative 
review of certain steel nails from Malaysia. Therefore, we are 
continuing to treat these companies as a single entity for these 
preliminary results. See Certain Steel Nails from Malaysia: Final 
Results of the Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2018-2019, 86 FR 16322 (March 29, 
2021).
---------------------------------------------------------------------------

    We intend to disclose the calculations performed to parties in this 
administrative review within five days after public announcement of the 
preliminary results in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\7\ Commerce has modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\8\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\9\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect).'')
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \9\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing at a time and date to be 
determined. An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\10\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, no later than 120 days after the date of 
publication of this notice, unless extended, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuing the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries. If the weighted-average dumping margin for 
Region is not zero or de minimis in the final results of this review, 
we will calculate an importer-specific assessment rate on the basis of 
the ratio of the total amount of dumping calculated for each importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1).\11\ If Region's weighted-average dumping 
margin is zero or de minimis in the final results of review, or if an 
importer-specific assessment rate is zero or de minimis, Commerce will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\12\ For entries of subject merchandise during the 
period of review produced by Region for which it did not know its 
merchandise was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries.\13\
---------------------------------------------------------------------------

    \11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \12\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
    \13\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Consistent with its recent notice,\14\ 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). 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 
antidumping duties, where applicable.
---------------------------------------------------------------------------

    \14\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
---------------------------------------------------------------------------

    For the companies for which this review is rescinded with these 
preliminary results, Commerce will instruct CBP to assess antidumping 
duties on all appropriate entries at a rate equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period July 1, 
2019 through June 30, 2020, in accordance with 19 CFR 351.212(c)(1)(i). 
Commerce intends to issue appropriate assessment instructions directly 
to CBP no earlier than 35 days after publication of this notice in the 
Federal Register.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the final results of this 
administrative review for all shipments of the subject merchandise 
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 companies subject to this review will be 
equal to the company-specific weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
merchandise exported by a company not covered in this review but 
covered in a prior 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 less-than-
fair-value investigation but the producer is, then the cash deposit 
rate will be the rate established in 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 2.66 percent, the all-others rate established in the 
less-than-fair-value investigation.\15\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \15\ See Certain Steel Nails from Malaysia: Amended Final 
Determination of Sales at Less Than Fair Value, 80 FR 34370 (June 
16, 2015).

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

[[Page 41815]]

Notification to Importers

    This notice 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

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: July 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--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. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

Appendix II--List of Companies for Which Commerce Is Rescinding the 
Administrative Review

1. Atlantic Manufacture Inc.
2. Chia Pao Metal Co., Ltd.
3. Delmar International (Vietnam) Ltd.
4. Dicha Sombrilla Co., Ltd.
5. Expeditors Vietnam Company Limited
6. Gia Linh Logistics Services Co., Ltd.
7. Global Logistics Solution Co., Ltd.
8. Jinhai Hardware Co., Ltd.
9. K-Apex Logistics (HK) Co., Limited
10. KPF Vietnam Co., Ltd.
11. KPF Vina Co., Ltd.
12. Orient Star Transport Int'l Ltd.
13. Oriental Multiple Enterprise Ltd.
14. Pudong Prime Int'l Logistics Inc.
15. Rich State, Inc.
16. Top Shipping Company Limited
17. Topy Fasteners Vietnam Co., Ltd.
18. Truong Vinh Ltd.
19. United Nail Products Co., Ltd.
20. Vina Hardwares Joint Stock Company.\16\
---------------------------------------------------------------------------

    \16\ See Petitioner's Withdrawal of Request for Administrative 
Review.

[FR Doc. 2021-16476 Filed 8-2-21; 8:45 am]
BILLING CODE 3510-DS-P