30590 Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices 

7See section 751(a)(2)(C) of the Act. 

8See Antidumping and Countervailing Duty 

Proceedings: Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 

9See 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). 

10See Emulsion Styrene-Butadiene Rubber from 

Brazil: Final Affirmative Determination of Sales at 

Less Than Fair Value and Final Negative 

Determination of Critical Circumstances, 82 FR 

33048 (July 19, 2019). 

1See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

To Request Administrative Review, 85 FR 39531 

(July 1, 2020). 

2See Petitioner’s Letter, ‘‘Request for 

Administrative Review,’’ dated July 31, 2020; see 

also Letter, ‘‘Administrative Review Request,’’ 

dated July 31, 2020, collectively from: Liang 

Chyuan Industrial Co., Ltd., Romp Coil Nail 

Industries Inc., UJL Industries Co., Ltd., Hor Liang 

Industrial Corp., Yu Chi Hardware Co., Ltd., Trim 

International Inc., China Staple Enterprise 

Corporation, Hoyi Plus Co., Ltd., and Zon Mon Co., 

Ltd. 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 85 FR 

54983 (September 3, 2020) (Initiation Notice). 

merchandise covered by the final results 

of this review and for future deposits of 

estimated duties, where applicable.7

For entries of subject merchandise 

during the POR produced by 

ARLANXEO Brasil for which it did not 

know the merchandise was destined for 

the United States, 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.8

Consistent with its recent notice,9

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 for all 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

by section 751(a)(2) of the Act: (1) The 

cash deposit rate for ARLANXEO Brasil 

S.A. will be equal to the weightedaverage 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 segment of this 

proceeding, the cash deposit will 

continue to be the company-specific rate 

published for the most recently 

completed segment of this proceeding in 

which the company participated; (3) if 

the exporter is not a firm covered in this 

review or the original less-than-fairvalue (LTFV) investigation, but the 

producer is, then the cash deposit rate 

will be the rate established for the most 

recently completed segment for the 

producer of the subject merchandise; 

and (4) the cash deposit rate for all other 

producers or exporters will continue to 

be 19.61 percent, the all-others rate 

established in the LTFV investigation.10

These cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

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 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. 

Notification Regarding Administrative 

Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (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 or 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. 

Notice to Interested Parties 

We are issuing and publishing these 

results of administrative review in 

accordance with sections 751(a) and 

777(i) of the Act and 19 CFR 

351.221(b)(5). 

Dated: June 3, 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. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Cost Methodology 

Comment 2: Level of Trade, Constructed 

Export Price Offset 

VI. Recommendation 

[FR Doc. 2021–12078 Filed 6–8–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–583–854] 

Certain Steel Nails From Taiwan: 

Preliminary Determination of No 

Shipments in the Antidumping Duty 

Administrative Review; 2019–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that Create Trading Co., Ltd. (Create 

Trading), the sole company under 

review, made no shipments of certain 

steel nails from Taiwan during the 

period of review (POR), July 1, 2019, to 

June 30, 2020. We invite interested 

parties to comment on this preliminary 

determination of no shipments. 

DATES: Applicable June 9, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne Lam, AD/CVD Operations, 

Office VIII, Enforcement and 

Compliance, International Trade 

Administration, Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–0783. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 1, 2020, Commerce published 

in the Federal Register a notice of 

opportunity to request an administrative 

review of the antidumping duty order 

on certain steel nails from Taiwan.1

Based on timely requests for 

administrative review,2 on September 3, 

2020, Commerce published the notice of 

initiation for an administrative review, 

covering 141 companies, in accordance 

with section 751(a) of the Tariff Act of 

1930, as amended (the Act) and 19 CFR 

351.221(c)(1)(i).3

On September 21, 2020, the petitioner 

timely withdrew its request for 

administrative review of all companies 

it originally requested, except for one 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices 30591 

4See Petitioner’s Letter, ‘‘Withdrawal of Request 

for Administrative Reviews,’’ dated September 21, 

2020. 

5See Letter, ‘‘Withdrawal of Administrative 

Review Request,’’ dated November 30, 2020, 

collectively from: Liang Chyuan Industrial Co., Ltd., 

Romp Coil Nail Industries Inc., UJL Industries Co., 

Ltd., Hor Liang Industrial Corp., Yu Chi Hardware 

Co., Ltd., Trim International Inc., China Staple 

Enterprise Corporation, Hoyi Plus Co., Ltd., and 

Zon Mon Co., Ltd. 

6See Certain Steel Nails From Taiwan: Partial 

Rescission of Antidumping Duty Administrative 

Review; 2019–2020 , 85 FR 65366 (October 15, 

2020). 

7See Certain Steel Nails from Taiwan: Partial 

Rescission of Antidumping Duty Administrative 

Review; 2019–2020, 85 FR 79470 (December 10, 

2020). 

8See Create Trading’s Letter, ‘‘Statement of No 

Sales to the United States,’’ dated September 21, 

2020 (Statement of No Sales). Specifically, Create 

Trading certified that all of its exports of subject 

merchandise were produced by unaffiliated 

producers that had knowledge of final destination 

to the United States at the time of sale to Create 

Trading, and thus, Create Trading claims it has no 

reviewable sales for this POR. 

9See Petitioner’s Letter, ‘‘Comments on Create 

Trading Co., Ltd.’s Statement of No Sales to the 

United States,’’ dated November 23, 2020. 

10See Memorandum, ‘‘Create Trading Co., Ltd.— 

Placement of Entry Documentation on the Record,’’ 

dated May 6, 2021. 

11See Commerce’s Letter, ‘‘Request for 

Information,’’ dated March 5, 2021. 

12See Create Trading’s Letter, ‘‘Response to 

Request for Information,’’ dated March 19, 2021. 

13See Petitioner’s Letter, ‘‘Comments on Create 

Trading Co., Ltd.’s Response to Request for 

Information,’’ dated April 2, 2021. 

14See 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). 

15See Create Trading’s Statement of No Sales. 

16See Antidumping and Countervailing Duty 

Proceedings: Assessment of Antidumping Duties, 68 

FR 23954, 23954 (May 6, 2003) (Assessment of 

Antidumping Duties). 

17See, e.g., Certain Frozen Warmwater Shrimp 

from India: Partial Rescission of Antidumping Duty 

Administrative Review, 73 FR 77610, 77612 

(December 19, 2008) (Shrimp from India); 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). 

18See 19 CFR 351.309(c)(1)(ii). 

19See 19 CFR 351.309(d)(1). 

20See 19 CFR 351.309(c)(2) and (d)(2); see also 

Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID19; Extension of 

Effective Period, 85 FR 41363 (July 10, 2020). 

21See 19 CFR 351.310(c). 

company, Create Trading.4

Subsequently, the nine Taiwanese 

companies that had self-requested an 

administrative review, also withdrew 

their requests for review.5 Accordingly, 

on October 15, 2020,6 and December 10, 

2020,7 pursuant to 19 CFR 

351.213(d)(1), Commerce rescinded the 

administrative review, in part, of all 

companies under review except for 

Create Trading. The review remains 

active only with respect to Create 

Trading, which filed a statement of no 

sales.8

On November 23, 2020, the petitioner 

submitted comments regarding Create 

Trading’s statement of no sales.9 At 

Commerce’s request, U.S. Customs and 

Border Protection (CBP) provided entry 

documents associated with Create 

Trading’s claim.10 Subsequently, on 

March 5, 2021, Commerce requested 

additional information from Create 

Trading regarding the CBP entry 

documents vis-a-vis its statement of no 

sales.11 On March 19, 2021, Create 

Trading responded to Commerce’s 

request for information,12 and on April 

5, 2021, the petitioner submitted 

comments regarding Create Trading’s 

response.13

Scope of the Order 14

The merchandise covered by this 

order is certain steel nails from Taiwan. 

The certain steel nails subject to the 

order are currently classifiable under 

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. Certain steel nails subject 

to this order also may be classified 

under HTSUS subheadings 

7907.00.60.00, 8206.00.00.00 or other 

HTSUS subheadings. Although the 

HTSUS numbers are provided for 

convenience and for customs purposes, 

the written product description, 

available in the Appendix to this notice, 

remains dispositive. 

Preliminary Determination of No 

Shipments 

Create Trading reported that it had no 

reviewable sales during the POR 

because its unaffiliated producers had 

knowledge of the final destination of the 

subject merchandise that they produced 

and sold to Create Trading, and which 

Create Trading resold to U.S. customers 

during the POR. Create Trading 

provided sales documentation, such as 

invoices and packing lists from its 

unaffiliated producers, as well as 

accounting records as evidence in 

support of its claim.15 Based on the 

information provided by Create Trading, 

which we find is supported by entry 

documents provided by CBP, we 

preliminarily determine that Create 

Trading was not the first party in the 

transaction chain to have knowledge 

that the merchandise was destined for 

the United States, and, thus, Create 

Trading is not considered the exporter 

of subject merchandise during the POR 

for purposes of this review. Specifically, 

the record demonstrates that Create 

Trading’s unaffiliated suppliers had 

knowledge that the steel nails they 

produced and sold to Create Trading 

were destined for the United States. 

Thus, we preliminarily determine that 

Create Trading had no shipments during 

the POR. 

Commerce finds that, based on the 

clarification in the 2003 Assessment of 

Antidumping Duties notice regarding 

the reseller policy, we will not rescind 

the review in these circumstances but, 

rather, complete the review with respect 

to Create Trading and issue appropriate 

instructions to CBP after the completion 

of the review.16 Specifically, we find it 

appropriate in this case to instruct CBP 

at the completion of the review to 

liquidate any existing entries of subject 

merchandise produced by Create 

Trading’s unaffiliated producers and 

exported by Create Trading at the rate 

applicable to the unaffiliated producers, 

which, as discussed below, in this case 

is the all-others rate.17

Public Comment 

Interested parties may submit case 

briefs no later than 30 days after the 

date of publication of this notice.18

Rebuttal briefs, limited to issues raised 

in the case briefs, may be filed no later 

than seven days after the time limit for 

filing case briefs.19 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.20 Case and rebuttal briefs 

must be filed electronically via 

Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS) and must also be served on 

interested parties. 

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. An electronically-filed 

document must be received successfully 

in its entirety by ACCESS by 5 p.m. 

Eastern Time within 30 days after the 

date of publication of this notice.21

Hearing requests should contain: (1) The 


lotter on DSK11XQN23PROD with NOTICES1
30592 Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices 

22 Id. 

23See section 751(a)(3)(A) of the Act and 19 CFR 

351.213(h). 

24See 19 CFR 351.212(b). 

25See, e.g., Shrimp from India, 73 FR at 77612; 

Pasta From Turkey, 76 FR at 68400. 

26The all-others rate from the underlying 

investigation was revised in 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, 55091 

(November 20, 2017) (Amended LTFV Final). 

27 Id. 

28The 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. 

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 issues raised in the briefs. If 

a request for a hearing is made, 

Commerce intends to hold the hearing 

at a time and date to be determined.22

Commerce intends to issue the final 

results of this administrative review, 

including the results of its analysis 

raised in any written briefs, no later 

than 120 days after the publication of 

these preliminary results in the Federal 

Register, unless otherwise extended.23

Assessment Rates 

Upon completion of the 

administrative review, Commerce shall 

determine, and CBP shall assess, 

antidumping duties on all appropriate 

entries covered by this review.24

As discussed above, we preliminarily 

determine that Create Trading was not 

the first party in the transaction chain 

to have knowledge that the merchandise 

was destined for the United States, and 

thus Create Trading is not considered 

the exporter of subject merchandise 

during the POR for purposes of this 

review. Consistent with the 2003 

Assessment of Antidumping Duties 

notice and reseller policy, we find it 

appropriate in this case to instruct CBP 

to liquidate any existing entries of 

merchandise produced by Create 

Trading’s unaffiliated producers and 

exported by Create Trading at the rate 

applicable to the producer(s).25 Because 

none of the producers have their own 

rates, we will instruct CBP to liquidate 

entries at the all-others rate from the 

investigation, as revised, of 2.16 

percent,26 in accordance with the 

reseller policy. 

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 in effect for all 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

by section 751(a)(2)(C) of the Act: (1) 

For merchandise exported by 

manufacturers or exporters 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 for the 

most recently-completed segment; (2) if 

the exporter is not a firm covered in a 

prior review, or the original 

investigation, but the manufacturer is, 

then the cash deposit rate will be the 

rate established for the most recently 

completed segment for the manufacturer 

of the merchandise; and (3) the cash 

deposit rate for all other manufacturers 

or exporters will continue to be 2.16 

percent, the all-others cash deposit rate 

established in the Amended LTFV 

Final.27 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice also serves as a 

preliminary 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 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 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Act, and 

sections 19 CFR 351.213(h)(1) and 

351.221(b)(4). 

Dated: June 3, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

Scope of the Order 

The merchandise covered by this order is 

certain steel nails having a nominal shaft 

length not exceeding 12 inches.28 Certain 

steel nails include, but are not limited to, 

nails made from round wire and nails that 

are cut from flat-rolled steel. Certain steel 

nails may be of one piece construction or 

constructed of two or more pieces. Certain 

steel nails may be produced from any type 

of steel, and may have any type of surface 

finish, head type, shank, point type and shaft 

diameter. Finishes include, but are not 

limited to, coating in vinyl, zinc (galvanized, 

including but not limited to electroplating or 

hot dipping one or more times), phosphate, 

cement, and paint. Certain steel nails may 

have one or more surface finishes. Head 

styles include, but are not limited to, flat, 

projection, cupped, oval, brad, headless, 

double, countersunk, and sinker. Shank 

styles include, but are not limited to, smooth, 

barbed, screw threaded, ring shank and 

fluted. 

Screw-threaded nails subject to this 

proceeding are driven using direct force and 

not by turning the nail using a tool that 

engages with the head. Point styles include, 

but are not limited to, diamond, needle, 

chisel and blunt or no point. Certain steel 

nails may be sold in bulk, or they may be 

collated in any manner using any material. 

Excluded from the scope of this order are 

certain steel nails packaged in combination 

with one or more non-subject articles, if the 

total number of nails of all types, in aggregate 

regardless of size, is less than 25. If packaged 

in combination with one or more non-subject 

articles, certain steel nails remain subject 

merchandise if the total number of nails of 

all types, in aggregate regardless of size, is 

equal to or greater than 25, unless otherwise 

excluded based on the other exclusions 

below. 

Also, excluded from the scope are certain 

steel nails with a nominal shaft length of one 

inch or less that are (a) a component of an 

unassembled article, (b) the total number of 

nails is sixty (60) or less, and (c) the imported 

unassembled article falls into one of the 

following eight groupings: (1) Builders’ 

joinery and carpentry of wood that are 

classifiable as windows, French windows 

and their frames; (2) builders’ joinery and 

carpentry of wood that are classifiable as 

doors and their frames and thresholds; (3) 

swivel seats with variable height adjustment; 

(4) seats that are convertible into beds (with 

the exception of those classifiable as garden 

seats or camping equipment); (5) seats of 

cane, osier, bamboo or similar materials; (6) 

other seats with wooden frames (with the 

exception of seats of a kind used for aircraft 

or motor vehicles); (7) furniture (other than 

seats) of wood (with the exception of (i) 

medical, surgical, dental or veterinary 

furniture; and (ii) barbers’ chairs and similar 

chairs, having rotating as well as both 

reclining and elevating movements); or (8) 

furniture (other than seats) of materials other 

than wood, metal, or plastics (e.g., furniture 

of cane, osier, bamboo or similar materials). 

The aforementioned imported unassembled 

articles are currently classified under the 

following Harmonized Tariff Schedule of the 

United States (HTSUS) subheadings: 4418.10, 

4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 

9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 

9403.60, 9403.81 or 9403.89. 

Also, excluded from the scope of this order 

are steel nails that meet the specifications of 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices 30593 

1See Utility Scale Wind Towers from Malaysia: 

Preliminary Affirmative Countervailing Duty 

Determination, 86 FR 15887 (March 25, 2021) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Determination in the 

Countervailing Duty Investigation of Utility Scale 

Wind Towers from Malaysia,’’ dated concurrently 

with this notice (Issues and Decision 

Memorandum). 

3See Commerce’s Letter, ‘‘Countervailing Duty 

Investigation of Utility Scale Wind Towers from 

Malaysia: In Lieu of Verification Questionnaire,’’ 

dated March 25, 2021. 

4See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

5See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the 

Countervailing Duty Investigation of Utility Scale 

Wind Towers from Malaysia,’’ dated March 19, 

2021 at 7. 

Type I, Style 20 nails as identified in Tables 

29 through 33 of ASTM Standard FI667 (2013 

revision). 

Also, excluded from the scope of this order 

are nails suitable for use in powder-actuated 

hand tools, whether or not threaded, which 

are currently classified under HTSUS 

subheadings 7317.00.20.00 and 

7317.00.30.00. 

Also, excluded from the scope of this order 

are nails having a case hardness greater than 

or equal to 50 on the Rockwell Hardness C 

scale (HRC), a carbon content greater than or 

equal to percent, a round head, a secondary 

reduced-diameter raised head section, a 

centered shank, and a smooth symmetrical 

point, suitable for use in gas-actuated hand 

tools. 

Also, excluded from the scope of this order 

are corrugated nails. A corrugated nail is 

made up of a small strip of corrugated steel 

with sharp points on one side. 

Also, excluded from the scope of this order 

are thumb tacks, which are currently 

classified under HTSUS subheading 

7317.00.10.00. 

Certain steel nails subject to this order are 

currently classified under 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. Certain 

steel 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. 

[FR Doc. 2021–12077 Filed 6–8–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–557–822] 

Utility Scale Wind Towers From 

Malaysia: Final Affirmative 

Countervailing Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

utility scale wind towers (wind towers) 

from Malaysia. 

DATES: Applicable June 9, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Nathan James, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–5305. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 25, 2021, Commerce 

published the Preliminary 

Determination in this investigation in 

the Federal Register.1 The petitioner in 

this investigation is the Wind Tower 

Trade Coalition. In addition to the 

Government of Malaysia, the mandatory 

respondent in this investigation is CS 

Wind Malaysia Sdn Bhd (CS Wind). 

A summary of the events that 

occurred since Commerce published the 

Preliminary Determination is found in 

the Issues and Decision Memorandum, 

which is hereby adopted by this notice.2

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 http://enforcement.trade.gov/ 

frn/. 

Period of Investigation 

The period of investigation is January 

1, 2019, through December 31, 2019. 

Scope of the Investigation 

The products covered by this 

investigation are wind towers from 

Malaysia. For a complete description of 

the scope of this investigation, see 

Appendix I. 

Verification 

Commerce was unable to conduct onsite verification of the information 

relied upon in making its final 

determination in this investigation. 

However, we took additional steps in 

lieu of on-site verification to verify the 

information relied upon in making this 

final determination, in accordance with 

section 782(i) of the Act.3

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation, and the issues raised in 

the case and rebuttal briefs by parties in 

this investigation, are discussed in the 

Issues and Decision Memorandum. For 

a list of the issues raised by parties, and 

to which we responded in the Issues 

and Decision Memorandum, see 

Appendix II of this notice. 

Methodology 

Commerce conducted this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce determines that there is a 

subsidy, i.e., a financial contribution by 

an ‘‘authority’’ that gives rise to a 

benefit to the recipient, and that the 

subsidy is specific.4 For a full 

description of the methodology 

underlying our final determination, see 

the Issues and Decision Memorandum. 

In making this final determination, 

Commerce is relying, in part, on facts 

otherwise available pursuant to section 

776(a) of the Act. For a full discussion 

of our application of facts available, see 

the Preliminary Determination 5 and 

Comment 3 of the accompanying Issues 

and Decision Memorandum. 

Changes Since the Preliminary 

Determination 

Based on our review and analysis of 

the record and the comments received 

from parties, we made certain changes 

to the countervailable subsidy rate 

calculation for CS Wind. For a 

discussion of these changes, see the 

Issues and Decision Memorandum. 

All-Others Rate 

Section 705(c)(5)(A) of the Act 

provides that in the final determination, 

Commerce shall determine an all-others 

rate for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any rates that are 

zero, de minimis, or based entirely 

under section 776 of the Act. 

In this investigation, Commerce 

calculated an individual estimated 

countervailable subsidy rate for CS 

Wind that is not zero, de minimis, or 

based entirely on facts otherwise 

available. Accordingly, we have 

assigned CS Wind’s subsidy rate to all 


lotter on DSK11XQN23PROD with NOTICES1