83_FR_39834 83 FR 39679 - 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 - Certain Corrosion-Resistant Steel Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 155 (August 10, 2018)

Page Range39679-39681
FR Document2018-17172

The Department of Commerce (Commerce) preliminarily determines that producers/exporters subject to this review made sales of subject merchandise at less than normal value. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 155 (Friday, August 10, 2018)
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39679-39681]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17172]


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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 and 
Partial Rescission of Antidumping Duty Administrative Review; 2016-2017

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. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable August 10, 2018.

FOR FURTHER INFORMATION CONTACT: Paul Stolz, Shanah Lee, or Emily 
Halle, 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, (202) 482-6386, and (202) 482-0176, 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\ The period of review (POR) is June 2, 2016, through 
June 30, 2017. We initially selected two companies, Sheng Yu Steel Co., 
Ltd. (SYSCO), and the previously collapsed Prosperity Tieh Enterprise 
Co., Ltd. (Prosperity), Yieh Phui Enterprise Co., Ltd. (YP), and Synn 
Industrial Co., Ltd. (Synn) entity (collectively, YP/Synn/Prosperity 
entity), for individual examination.\2\ For a complete

[[Page 39680]]

description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\3\ A list of topics included 
in the Preliminary Decision Memorandum is included as an Appendix to 
this notice.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation 
Notice).
    \2\ In the less-than-fair-value (LTFV) investigation of the AD 
order, we collapsed YP with its affiliate Synn and treated YP/Synn 
as a single entity in that proceeding. 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 (IDM) (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). No party challenged the underlying collapsing finding 
with respect to YP and Synn in the instant review and, as such, we 
preliminarily determine to collapse YP with its affiliate Synn and 
thus continue to collapse YP and Synn as a single entity for the 
purposes of this proceeding. For a further discussion of the 
affiliation and collapsing determinations, see memorandum, 
``Administrative Review of the Antidumping Duty Order on Certain 
Corrosion-Resistant Steel Products from Taiwan: Preliminary 
Affiliation and Collapsing Memorandum for Yieh Phui Enterprise Co., 
Ltd. and Synn Industrial Co., Ltd.,'' dated concurrently with this 
memorandum (Affiliation-Collapsing Memo). Also, in the LTFV 
investigation, we collapsed Prosperity with Synn, and thereby 
collapsed Prosperity, Synn, and YP into a single entity, called the 
YP/Synn/Prosperity entity. See Taiwan CORE LTFV Final. This 
determination was challenged by respondent parties in the 
investigation and is subject to pending litigation in that 
proceeding. As discussed in greater detail in the Affiliation-
Collapsing Memo, we find that the facts on the instant record do not 
support a finding that Prosperity, YP, and Synn be treated as a 
single entity for the purposes of this administrative review. 
However, we preliminarily determine to continue to collapse YP and 
Synn into the YP/Synn entity. Therefore, though only two respondents 
were selected for individual examination at the outset of the 
instant review, as a result of the preliminary affiliation/
collapsing determination, Commerce is effectively reviewing three 
respondents, YP/Synn, SYSCO, and Prosperity for individual 
examination.
    \3\ See memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review: Certain Corrosion-Resistant Steel Products from Taiwan, 
2016-2017,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Partial Rescission of Administrative Review

    We initiated the instant review on eight companies (including 
companies collapsed and collectively treated as a single entity in the 
LTFV investigation).\4\ Pursuant to 19 CFR 351.213(d)(1), we will 
rescind an administrative review, ``in whole or in part, if a party 
that requested a review withdraws the request within 90 days of the 
date of publication of notice of initiation of the requested review.'' 
Because all relevant parties timely withdrew their requests for review 
of certain companies listed in the Initiation Notice, we are rescinding 
the administrative review with respect to the following three 
companies: Great Grandeul Steel Co., Ltd., Meng Sin Material Co., Ltd., 
and Xxentria Technology Materials Co., Ltd. Accordingly, the remaining 
companies subject to the instant review are Prosperity, YP/Synn,\5\ 
SYSCO, and Chung Hung Steel Corporation.
---------------------------------------------------------------------------

    \4\ See Initiation Notice.
    \5\ As described above, YP and Synn are treated as a single 
entity for purposes of these preliminary results. See Affiliation-
Collapsing Memo.
---------------------------------------------------------------------------

Scope of the Order 6
---------------------------------------------------------------------------

    \6\ For the full text of the scope of the order, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    The product covered by the order is 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, 
7210.49.0091, 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.

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 
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. 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 and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results of the Review

    We preliminarily determine the following weighted-average dumping 
margins exist for the POR:
---------------------------------------------------------------------------

    \7\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis or based entirely on facts available. See section 
735(c)(5)(A) of the Act.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Chung Hung Steel Corporation................................    \7\ 2.52
Prosperity Tieh Enterprise Co., Ltd.........................        3.04
Yieh Phui Enterprise Co., Ltd. and Synn Industrial Co., Ltd.        1.31
Sheng Yu Steel Co. Ltd......................................        4.89
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.
    If the weighted-average dumping margin for the mandatory 
respondents (i.e., SYSCO, Prosperity, and YP/Synn) is not zero or de 
minimis (i.e., less than 0.5 percent), we will calculate importer-
specific ad valorem AD assessment rates based on the ratio of the total 
amount of dumping calculated for the importers examined sales to the 
total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\8\ 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., 0.5 percent). Where

[[Page 39681]]

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.
---------------------------------------------------------------------------

    \8\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: See Calculation of the Weighted-Average Dumping Margin 
and Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    For the companies which were not selected for individual review 
(i.e., Chung Hung), 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., SYSCO, Prosperity, and YP/Synn), 
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.\9\
---------------------------------------------------------------------------

    \9\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    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 10.34 percent if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\10\ We intend to issue instructions to CBP 15 days after 
publication of the final results of this review.
---------------------------------------------------------------------------

    \10\ See Order.
---------------------------------------------------------------------------

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) 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 less-than-fair-value 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 10.34 percent, the all-
others rate established in the antidumping investigation.\11\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

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.\12\ 
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs not 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 five days after the date for filing 
case briefs.\13\ 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.\14\ 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.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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.\15\ 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 which will be held at the 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230, at a time and location to be determined.\16\ Parties should 
confirm by telephone the date, time, and location of the hearing.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    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, within 120 days 
after issuance of these preliminary results.

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 doubled antidumping duties.
    These preliminary results of review is are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213(h).

    Dated: August 3, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum:

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Rates for Respondents Not Selected for Individual Examination
VI. Discussion of the Methodology
    A. Collapsing of Affiliated Companies
    B. Comparisons to Normal Value
    C. Determination of the Comparison Method
    D. Results of the Differential Prcing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price and Constructed Export Price
X. Normal Value
    A. Home Market Viability
    B. Affiliated-Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production Analysis
    E. Calculation of NV Based on Comparison Market Prices
XI. Currency Conversion
XII. Recommendation

[FR Doc. 2018-17172 Filed 8-9-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                      Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices                                                     39679

                                               consistent with section 705(c)(5)(A) of                         telephone the date, time, and location of                7. Recommendation
                                               the Act, a subsidy rate based on a                              the hearing. Issues addressed at the                     [FR Doc. 2018–17177 Filed 8–9–18; 8:45 am]
                                               simple average of the subsidy rates                             hearing will be limited to those raised                  BILLING CODE 3510–DS–P
                                               calculated for Jindal and SRF because                           in the briefs.19 All briefs and hearing
                                               publicly ranged sales data was not                              requests must be filed electronically and
                                               submitted by respondents.                                       received successfully in their entirety                  DEPARTMENT OF COMMERCE
                                                                                                               through ACCESS by 5:00 p.m. Eastern
                                               Preliminary Results of Review                                                                                            International Trade Administration
                                                                                                               Time on the due date.
                                                 We preliminarily determine the total
                                                                                                                  Unless the deadline is extended                       [A–583–856]
                                               estimated net countervailable subsidy
                                                                                                               pursuant to section 751(a)(3)(A) of the
                                               rates for the period January 1, 2016,                                                                                    Certain Corrosion-Resistant Steel
                                                                                                               Act, Commerce intends to issue the final
                                               through December 31, 2016 to be:                                                                                         Products From Taiwan: Preliminary
                                                                                                               results of this administrative review,
                                                                                                               including the results of our analysis of                 Results of Antidumping Duty
                                                                                             Subsidy rate                                                               Administrative Review and Partial
                                                    Manufacturer/exporter                    (percent ad       the issues raised by the parties in their
                                                                                               valorem)        comments, within 120 days after                          Rescission of Antidumping Duty
                                                                                                               publication of these preliminary results.                Administrative Review; 2016–2017
                                               Jindal Poly Films Limited of
                                                  India ..................................            10.71    Assessment Rates and Cash Deposit                        AGENCY:  Enforcement and Compliance,
                                               SRF Limited ..........................                  7.47    Requirement                                              International Trade Administration,
                                               Ester Industries Limited ........                       9.09                                                             Department of Commerce.
                                               Garware Polyester Ltd ..........                        9.09       Upon issuance of the final results,                   SUMMARY: The Department of Commerce
                                               Polyplex Corporation Ltd ......                         9.09    Commerce shall determine, and U.S.                       (Commerce) preliminarily determines
                                               Vacmet India Limited ............                       9.09    Customs and Border Protection (CBP)                      that producers/exporters subject to this
                                                                                                               shall assess, countervailing duties on all               review made sales of subject
                                               Disclosure and Public Comment                                   appropriate entries covered by this                      merchandise at less than normal value.
                                                 Commerce will disclose to parties to                          review. We intend to issue instructions                  We invite interested parties to comment
                                               this proceeding the calculations                                to CBP 15 days after publication of the                  on these preliminary results.
                                               performed in reaching the preliminary                           final results of review.                                 DATES: Applicable August 10, 2018.
                                               results within five days of the date of                            Pursuant to section 751(a)(2)(C) of the               FOR FURTHER INFORMATION CONTACT: Paul
                                               publication of these preliminary                                Act, Commerce also intends to instruct                   Stolz, Shanah Lee, or Emily Halle, AD/
                                               results.13 Interested parties may submit                        CBP to collect cash deposits of                          CVD Operations, Office III, Enforcement
                                               written comments (case briefs) within                           estimated countervailing duties, in the                  and Compliance, International Trade
                                               30 days of publication of the                                   amounts shown above for each of the                      Administration, U.S. Department of
                                               preliminary results and rebuttal                                respective companies shown above, on                     Commerce, 1401 Constitution Avenue
                                               comments (rebuttal briefs) within five                          shipments of subject merchandise                         NW, Washington, DC 20230; telephone:
                                               days after the time limit for filing case                       entered, or withdrawn from warehouse,                    (202) 482–4474, (202) 482–6386, and
                                               briefs.14 Rebuttal briefs must be limited                       for consumption on or after the date of                  (202) 482–0176, respectively.
                                               to issues raised in the case briefs.15                          publication of the final results of this                 SUPPLEMENTARY INFORMATION:
                                               Parties who submit case or rebuttal                             review. For all non-reviewed firms, we
                                               briefs are requested to submit with the                         will instruct CBP to continue to collect                 Background
                                               argument: (1) A statement of the issue;                         cash deposits at the most-recent                           Commerce is conducting an
                                               (2) a brief summary of the argument;                            company-specific or all-others rate                      administrative review of the
                                               and (3) a table of authorities.16                               applicable to the company, as                            antidumping duty (AD) order on certain
                                                 Interested parties who wish to request                        appropriate. These cash deposit                          corrosion-resistant steel products
                                               a hearing must do so within 30 days of                          requirements, when imposed, shall                        (CORE) from Taiwan.1 The period of
                                               publication of these preliminary results                        remain in effect until further notice.                   review (POR) is June 2, 2016, through
                                               by submitting a written request to the                                                                                   June 30, 2017. We initially selected two
                                                                                                                  These preliminary results of review
                                               Assistant Secretary for Enforcement and                                                                                  companies, Sheng Yu Steel Co., Ltd.
                                                                                                               are issued and published in accordance
                                               Compliance, U.S. Department of                                                                                           (SYSCO), and the previously collapsed
                                                                                                               with sections 751(a)(l) and 777(i)(l) of
                                               Commerce, using Enforcement and                                                                                          Prosperity Tieh Enterprise Co., Ltd.
                                                                                                               the Act and 19 CFR 351.213 and
                                               Compliance’s ACCESS system.17                                                                                            (Prosperity), Yieh Phui Enterprise Co.,
                                                                                                               351.221(b)(4).
                                               Requests should contain the party’s                                                                                      Ltd. (YP), and Synn Industrial Co., Ltd.
                                               name, address, and telephone number,                              Dated: August 3, 2018.
                                                                                                                                                                        (Synn) entity (collectively, YP/Synn/
                                               the number of participants, and a list of                       Christian Marsh,                                         Prosperity entity), for individual
                                               the issues to be discussed. If a request                        Deputy Assistant Secretary for Enforcement               examination.2 For a complete
                                               for a hearing is made, we will inform                           and Compliance.
                                               parties of the scheduled date for the                           Appendix                                                   1 See Initiation of Antidumping and

                                               hearing which will be held at the U.S.                                                                                   Countervailing Duty Administrative Reviews, 82 FR
                                               Department of Commerce, 1401                                    List of Topics Discussed in the Preliminary              42974 (September 13, 2017) (Initiation Notice).
                                               Constitution Avenue NW, Washington,                             Decision Memorandum                                        2 In the less-than-fair-value (LTFV) investigation

                                                                                                                                                                        of the AD order, we collapsed YP with its affiliate
                                               DC 20230, at a time and location to be                          1. Summary                                               Synn and treated YP/Synn as a single entity in that
                                                                                                               2. Background
daltland on DSKBBV9HB2PROD with NOTICES




                                               determined.18 Parties should confirm by                                                                                  proceeding. See Certain Corrosion-Resistant Steel
                                                                                                               3. Partial Rescission of Administrative                  Products from Taiwan: Final Determination of Sales
                                                 13 See 19 CFR 351.224(b).                                          Review                                              at Less Than Fair Value and Final Affirmative
                                                 14 See                                                        4. Scope of the Order                                    Determination of Critical Circumstances, in Part, 81
                                                        19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
                                                 15 See 19 CFR 351.309(d)(2).                                  5. Subsidies Valuation Information                       FR 35313 (June 2, 2016) and accompanying Issues
                                                                                                               6. Analysis of Programs                                  and Decision Memorandum (IDM) (Taiwan CORE
                                                 16 See 19 CFR 351.309(c)(2) and (d)(2).
                                                                                                                                                                        LTFV Final); unchanged in Certain Corrosion-
                                                 17 See 19 CFR 351.310(c).
                                                                                                                                                                        Resistant Steel Products from India, Italy, the
                                                 18 See 19 CFR 351.310.                                          19 See   19 CFR 351.310(c).                                                                       Continued




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                                               39680                          Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices

                                               description of the events that followed                 subject to the instant review are                       Countervailing Duty Centralized
                                               the initiation of this review, see the                  Prosperity, YP/Synn,5 SYSCO, and                        Electronic Service System (ACCESS).
                                               Preliminary Decision Memorandum.3 A                     Chung Hung Steel Corporation.                           ACCESS is available to registered users
                                               list of topics included in the                                                                                  at https://access.trade.gov and is
                                                                                                       Scope of the Order 6
                                               Preliminary Decision Memorandum is                                                                              available to all parties in the Central
                                               included as an Appendix to this notice.                    The product covered by the order is                  Records Unit, Room B8024 of the main
                                                                                                       flat-rolled steel products, either clad,                Department of Commerce building. In
                                               Partial Rescission of Administrative                    plated, or coated with corrosion-
                                               Review                                                                                                          addition, a complete version of the
                                                                                                       resistant metals such as zinc, aluminum,                Preliminary Decision Memorandum can
                                                 We initiated the instant review on                    or zinc-, aluminum-, nickel- or iron-                   be accessed directly on the internet at
                                               eight companies (including companies                    based alloys, whether or not corrugated                 http://enforcement.trade.gov/frn/
                                               collapsed and collectively treated as a                 or painted, varnished, laminated, or                    index.html. The signed Preliminary
                                               single entity in the LTFV                               coated with plastics or other non-                      Decision Memorandum and the
                                               investigation).4 Pursuant to 19 CFR                     metallic substances in addition to the                  electronic version of the Preliminary
                                               351.213(d)(1), we will rescind an                       metallic coating. The subject                           Decision Memorandum are identical in
                                               administrative review, ‘‘in whole or in                 merchandise is currently classifiable                   content.
                                               part, if a party that requested a review                under the Harmonized Tariff Schedule
                                               withdraws the request within 90 days of                 of the United States (HTSUS)                            Preliminary Results of the Review
                                               the date of publication of notice of                    subheadings: 7210.30.0030,                                We preliminarily determine the
                                               initiation of the requested review.’’                   7210.30.0060, 7210.41.0000,                             following weighted-average dumping
                                               Because all relevant parties timely                     7210.49.0030, 7210.49.0091,                             margins exist for the POR:
                                               withdrew their requests for review of                   7210.49.0095, 7210.61.0000,
                                               certain companies listed in the                         7210.69.0000, 7210.70.6030,                                                                                 Weighted-
                                               Initiation Notice, we are rescinding the                7210.70.6060, 7210.70.6090,                                                                                  average
                                               administrative review with respect to                   7210.90.6000, 7210.90.9000,                                        Exporter/producer                        dumping
                                                                                                                                                                                                                     margin
                                               the following three companies: Great                    7212.20.0000, 7212.30.1030,                                                                                 (percent)
                                               Grandeul Steel Co., Ltd., Meng Sin                      7212.30.1090, 7212.30.3000,
                                               Material Co., Ltd., and Xxentria                        7212.30.5000, 7212.40.1000,                             Chung Hung Steel Corporation ..                         7 2.52

                                               Technology Materials Co., Ltd.                          7212.40.5000, 7212.50.0000, and                         Prosperity Tieh Enterprise Co.,
                                               Accordingly, the remaining companies                    7212.60.0000. The products subject to                     Ltd ...........................................        3.04
                                                                                                       the orders may also enter under the                     Yieh Phui Enterprise Co., Ltd.
                                               People’s Republic of China, the Republic of Korea       following HTSUS item numbers:                             and Synn Industrial Co., Ltd ...                       1.31
                                               and Taiwan: Amended Final Affirmative                                                                           Sheng Yu Steel Co. Ltd .............                     4.89
                                                                                                       7210.90.1000, 7215.90.1000,
                                               Antidumping Determination for India and Taiwan,
                                               and Antidumping Duty Orders, 82 FR 48390 (July
                                                                                                       7215.90.3000, 7215.90.5000,
                                                                                                       7217.20.1500, 7217.30.1530,                             Assessment Rates
                                               25, 2016) (Order). No party challenged the
                                               underlying collapsing finding with respect to YP        7217.30.1560, 7217.90.1000,                                Upon issuance of the final results,
                                               and Synn in the instant review and, as such, we         7217.90.5030, 7217.90.5060,                             Commerce shall determine, and U.S.
                                               preliminarily determine to collapse YP with its
                                               affiliate Synn and thus continue to collapse YP and     7217.90.5090, 7225.91.0000,                             Customs and Border Protection (CBP)
                                               Synn as a single entity for the purposes of this        7225.92.0000, 7225.99.0090,                             shall assess, antidumping duties on all
                                               proceeding. For a further discussion of the             7226.99.0110, 7226.99.0130,                             appropriate entries covered by this
                                               affiliation and collapsing determinations, see          7226.99.0180, 7228.60.6000,                             review.
                                               memorandum, ‘‘Administrative Review of the                                                                         If the weighted-average dumping
                                               Antidumping Duty Order on Certain Corrosion-            7228.60.8000, and 7229.90.1000. The
                                               Resistant Steel Products from Taiwan: Preliminary       HTSUS subheadings above are provided                    margin for the mandatory respondents
                                               Affiliation and Collapsing Memorandum for Yieh          for convenience and customs purposes                    (i.e., SYSCO, Prosperity, and YP/Synn)
                                               Phui Enterprise Co., Ltd. and Synn Industrial Co.,      only. The written description of the                    is not zero or de minimis (i.e., less than
                                               Ltd.,’’ dated concurrently with this memorandum
                                               (Affiliation-Collapsing Memo). Also, in the LTFV        scope of the order is dispositive.                      0.5 percent), we will calculate importer-
                                               investigation, we collapsed Prosperity with Synn,                                                               specific ad valorem AD assessment rates
                                               and thereby collapsed Prosperity, Synn, and YP
                                                                                                       Methodology                                             based on the ratio of the total amount of
                                               into a single entity, called the YP/Synn/Prosperity        Commerce is conducting this review                   dumping calculated for the importers
                                               entity. See Taiwan CORE LTFV Final. This                in accordance with section 751(a)(1) and
                                               determination was challenged by respondent                                                                      examined sales to the total entered
                                               parties in the investigation and is subject to          (2) of Tariff Act of 1930, as amended                   value of those same sales in accordance
                                               pending litigation in that proceeding. As discussed     (the Act). Export and constructed export                with 19 CFR 351.212(b)(1).8 We will
                                               in greater detail in the Affiliation-Collapsing Memo,   price were calculated in accordance                     instruct CBP to assess antidumping
                                               we find that the facts on the instant record do not     with section 772 of the Act. Normal
                                               support a finding that Prosperity, YP, and Synn be                                                              duties on all appropriate entries covered
                                               treated as a single entity for the purposes of this     value is calculated in accordance with                  by this review when the importer-
                                               administrative review. However, we preliminarily        section 773 of the Act.                                 specific assessment rate calculated in
                                               determine to continue to collapse YP and Synn into         For a full description of the                        the final results of this review is above
                                               the YP/Synn entity. Therefore, though only two          methodology underlying our
                                               respondents were selected for individual                                                                        de minimis (i.e., 0.5 percent). Where
                                               examination at the outset of the instant review, as
                                                                                                       conclusions, see the Preliminary
                                               a result of the preliminary affiliation/collapsing      Decision Memorandum. The                                  7 This rate is based on the rates for the
                                               determination, Commerce is effectively reviewing        Preliminary Decision Memorandum is a                    respondents that were selected for individual
                                               three respondents, YP/Synn, SYSCO, and                  public document and is on file                          review, excluding rates that are zero, de minimis or
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                                               Prosperity for individual examination.                                                                          based entirely on facts available. See section
                                                  3 See memorandum, ‘‘Decision Memorandum for
                                                                                                       electronically via Enforcement and
                                                                                                                                                               735(c)(5)(A) of the Act.
                                               the Preliminary Results and Partial Rescission of       Compliance’s Antidumping and                              8 In these preliminary results, Commerce applied
                                               Antidumping Duty Administrative Review: Certain                                                                 the assessment rate calculation method adopted in
                                               Corrosion-Resistant Steel Products from Taiwan,            5 As described above, YP and Synn are treated as
                                                                                                                                                               Antidumping Proceedings: See Calculation of the
                                               2016–2017,’’ dated concurrently with, and hereby        a single entity for purposes of these preliminary       Weighted-Average Dumping Margin and
                                               adopted by, this notice (Preliminary Decision           results. See Affiliation-Collapsing Memo.               Assessment Rate in Certain Antidumping
                                               Memorandum).                                               6 For the full text of the scope of the order, see   Proceedings: Final Modification, 77 FR 8101
                                                  4 See Initiation Notice.                             the Preliminary Decision Memorandum.                    (February 14, 2012).



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                                                                                 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices                                                39681

                                               either the respondent’s weighted-                          most recently completed segment of this               should confirm by telephone the date,
                                               average dumping margin is zero or de                       proceeding in which the producer or                   time, and location of the hearing.
                                               minimis, or an importer-specific                           exporter participated; (3) if the exporter              Unless the deadline is extended
                                               assessment rate is zero or de minimis,                     is not a firm covered in this review, a               pursuant to section 751(a)(3)(A) of the
                                               we will instruct CBP to liquidate the                      prior review, or the original less-than-              Act and 19 CFR 351.213(h)(2),
                                               appropriate entries without regard to                      fair-value investigation but the producer             Commerce will issue the final results of
                                               antidumping duties. The final results of                   is, the cash deposit rate will be the rate            this administrative review, including
                                               this review shall be the basis for the                     established for the most recently                     the results of our analysis of the issues
                                               assessment of antidumping duties on                        completed segment of the proceeding                   raised by the parties in their case briefs,
                                               entries of merchandise covered by the                      for the producer of the merchandise;                  within 120 days after issuance of these
                                               final results of this review where                         and (4) the cash deposit rate for all other           preliminary results.
                                               applicable.                                                producers or exporters will continue to
                                                  For the companies which were not                                                                              Notification to Importers
                                                                                                          be 10.34 percent, the all-others rate
                                               selected for individual review (i.e.,                                                                              This notice also serves as a
                                                                                                          established in the antidumping
                                               Chung Hung), we will assign an                                                                                   preliminary reminder to importers of
                                                                                                          investigation.11 These deposit
                                               assessment rate based on the weighted-
                                                                                                          requirements, when imposed, shall                     their responsibility under 19 CFR
                                               average of the cash deposit rates
                                                                                                          remain in effect until further notice.                351.402(f)(2) to file a certificate
                                               calculated for the companies selected
                                                                                                                                                                regarding the reimbursement of
                                               for mandatory review (i.e., SYSCO,                         Disclosure and Public Comment                         antidumping duties prior to liquidation
                                               Prosperity, and YP/Synn), excluding
                                                                                                             Commerce will disclose to parties to               of the relevant entries during this
                                               any which are de minimis or
                                                                                                          this proceeding the calculations                      review period. Failure to comply with
                                               determined entirely on adverse facts
                                                                                                          performed in reaching the preliminary                 this requirement could result in
                                               available. The final results of this
                                                                                                          results within five days of the date of               Commerce’s presumption that
                                               review shall be the basis for the
                                                                                                                                                                reimbursement of antidumping duties
                                               assessment of antidumping duties on                        publication of these preliminary
                                               entries of merchandise covered by the                                                                            occurred and the subsequent assessment
                                                                                                          results.12 Pursuant to 19 CFR
                                               final results of this review and for future                                                                      of doubled antidumping duties.
                                                                                                          351.309(c)(1)(ii), interested parties may
                                               deposits of estimated duties, where                        submit case briefs not later than 30 days               These preliminary results of review is
                                               applicable.9                                               after the date of publication of this                 are issued and published in accordance
                                                  In accordance with Commerce’s                           notice. Rebuttal briefs, limited to issues            with sections 751(a)(1) and 777(i)(1) of
                                               ‘‘automatic assessment’’ practice, for                     raised in the case briefs, may be filed               the Act and 19 CFR 351.213(h).
                                               entries of subject merchandise during                      not later than five days after the date for             Dated: August 3, 2018.
                                               the POR produced by each respondent                        filing case briefs.13 Parties who submit              James Maeder,
                                               for which they did not know that their                     case briefs or rebuttal briefs in this                Associate Deputy Assistant Secretary for
                                               merchandise was destined for the                           proceeding are requested to submit with               Antidumping and Countervailing Duty
                                               United States, we will instruct CBP to                     the argument: (1) A statement of the                  Operations performing the duties of Deputy
                                               liquidate entries not reviewed at the all-                 issue, (2) a summary of the argument,                 Assistant Secretary for Antidumping and
                                               others rate of 10.34 percent if there is no                and (3) a table of authorities.14 All briefs
                                                                                                                                                                Countervailing Duty Operations.
                                               rate for the intermediate company(ies)                     must be filed electronically using                    Appendix
                                               involved in the transaction.10 We intend
                                                                                                          ACCESS. An electronically filed                       List of Topics Discussed in the Preliminary
                                               to issue instructions to CBP 15 days
                                                                                                          document must be received successfully                Decision Memorandum:
                                               after publication of the final results of
                                                                                                          in its entirety by Commerce’s electronic
                                               this review.                                                                                                     I. Summary
                                                                                                          records system, ACCESS.                               II. Background
                                               Cash Deposit Requirements                                     Interested parties who wish to request             III. Scope of the Order
                                                 The following deposit requirements                       a hearing must submit a written request               IV. Partial Rescission of Review
                                               will be effective upon publication of the                  to the Assistant Secretary for                        V. Rates for Respondents Not Selected for
                                               notice of final results of administrative                                                                              Individual Examination
                                                                                                          Enforcement and Compliance, U.S.
                                                                                                                                                                VI. Discussion of the Methodology
                                               review for all shipments of CORE from                      Department of Commerce, using                            A. Collapsing of Affiliated Companies
                                               Taiwan entered, or withdrawn from                          Enforcement and Compliance’s ACCESS                      B. Comparisons to Normal Value
                                               warehouse, for consumption on or after                     system within 30 days of publication of                  C. Determination of the Comparison
                                               the date of publication provided by                        this notice.15 Requests should contain                      Method
                                               section 751(a)(2) of the Act: (1) The cash                 the party’s name, address, and                           D. Results of the Differential Prcing
                                               deposit rate for each company listed                       telephone number, the number of                             Analysis
                                               above will be equal to the dumping                         participants, and a list of the issues to             VII. Date of Sale
                                               margins established in the final results                                                                         VIII. Product Comparisons
                                                                                                          be discussed. If a request for a hearing
                                               of this review except if the ultimate                                                                            IX. Export Price and Constructed Export
                                                                                                          is made, we will inform parties of the                      Price
                                               rates are de minimis within the meaning                    scheduled date for the hearing which                  X. Normal Value
                                               of 19 CFR 351.106(c)(1), in which case                     will be held at the U.S. Department of                   A. Home Market Viability
                                               the cash deposit rates will be zero; (2)                   Commerce, 1401 Constitution Avenue                       B. Affiliated-Party Transactions and Arm’s-
                                               for merchandise exported by producers                      NW, Washington, DC 20230, at a time                         Length Test
                                               or exporters not covered in this                           and location to be determined.16 Parties                 C. Level of Trade
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                                               administrative review but covered in a                                                                              D. Cost of Production Analysis
                                               prior segment of the proceeding, the                         11 Id.
                                                                                                                                                                   E. Calculation of NV Based on Comparison
                                               cash deposit rate will continue to be the                    12 See
                                                                                                                                                                      Market Prices
                                                                                                                   19 CFR 351.224(b).
                                               company-specific rate published for the                      13 See
                                                                                                                                                                XI. Currency Conversion
                                                                                                                   19 CFR 351.309(d).
                                                                                                            14 See 19 CFR 351.309(c)(2) and (d)(2).
                                                                                                                                                                XII. Recommendation
                                                 9 See   section 751(a)(2)(C) of the Act.                   15 See 19 CFR 351.310(c).                           [FR Doc. 2018–17172 Filed 8–9–18; 8:45 am]
                                                 10 See   Order.                                            16 See 19 CFR 351.310.                              BILLING CODE 3510–DS–P




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Document Created: 2018-08-10 01:56:56
Document Modified: 2018-08-10 01:56:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable August 10, 2018.
ContactPaul Stolz, Shanah Lee, or Emily Halle, 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, (202) 482-6386, and (202) 482-0176, respectively.
FR Citation83 FR 39679 

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