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)

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


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

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).
---------------------------------------------------------------------------

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