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AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily determines that certain corrosion-resistant steel products (CORE) from Taiwan are being sold in the United States at below normal value during the period of review (POR), July 1, 2022, through June 30, 2023. We invite interested parties to comment on these preliminary results.
DATES:
Applicable September 4, 2024.
FOR FURTHER INFORMATION CONTACT:
Deborah Cohen or Anjali Mehindiratta, 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) 482-4521 or (202) 482-9127, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce published the antidumping duty order on CORE from Taiwan in the Federal Register . On July 3, 2023, we published in the Federal Register a notice of opportunity to request an administrative review of the Order. On September 11, 2023, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce initiated an administrative review of the Order covering nine entities. On March 12, 2024, Commerce extended the deadline for the preliminary results until July 30, 2024. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. The deadline for these preliminary results is now August 6, 2024.
See 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, 81 FR 48390 (July 25, 2016) (Order).
See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 88 FR 42693 (July 3, 2023).
See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 62322 (September 11, 2023) ( Initiation Notice). The Initiation Notice identified 10 firms, including Yieh Phui Enterprise Co., Ltd. (Yieh Phui). However, pursuant to the U.S. Court of International Trade's final judgment pertaining to the less-than-fair value (LTFV) investigation of this proceeding, Yieh Phui was excluded from the Order. See Prosperity Tieh Enterprise Co., Ltd. and Yieh Phui Enterprise Co., Ltd. v. United States, Consol. Court No. 16-00138, Slip Op. 23-95 (CIT 2023) (sustaining Commerce's second remand redetermination for the less-than-fair-value investigation of CORE from Taiwan); see also Corrosion-Resistant Steel Products from Taiwan: Notice of Third Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision and Partial Exclusion from Antidumping Duty Order, 88 FR 58245 (August 25, 2023), corrected by Corrosion-Resistant Steel Products from Taiwan: Notice of Third Amended Final Determination of Sales at Less than Fair Value Pursuant to Court Decision and Partial Exclusion from Antidumping Duty Order; Correction,88 FR 65153 (September 21, 2023) (collectively, Third Amended Final Determination). Accordingly, a subsequent Federal Register notice corrected the Initiation Notice applicable to the instant review to clarify that Commerce is not conducting an administrative review of Yieh Phui for the July 1, 2022, through June 30, 2023 POR. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 84784, 84787 (December 6, 2023) ( Corrected Initiation Notice).
See Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated March 12, 2024.
See Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.
For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is attached as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
See Memorandum, “Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order for Corrosion-Resistant Steel Products from Taiwan; 2022-2023,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
Scope of the Order
The products covered by this Order are certain 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. A full description of the scope of the Order is contained in the Preliminary Decision Memorandum.
Rescission of Review, In Part
As noted above, we initiated this review with respect to nine companies. During the course of the review, we selected two mandatory respondents, which included two of the named companies: Prosperity Tieh Enterprises Co., Ltd. (Prosperity); and Sheng Yu Steel Co. (SYSCO). As a consequence, there are seven companies upon which review was requested and which were not selected for individual examination.
See Initiation Notice, as corrected by Corrected Initiation Notice, 88 FR at 84787.
See Memorandum, “Respondent Selection,” dated October 17, 2023.
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an administrative review when there are no reviewable suspended entries. Based on our analysis of U.S. Customs and Border Protection (CBP) information, six companies listed in the Initiation Notice had no entries of subject merchandise during the POR: (1) China Steel Corporation; (2) Chung Hung Steel Corporation; (3) Great Fortune Steel Co., Ltd.; (4) Great Grandeul Steel Co., Ltd.; (5) Great Grandeul Steel Corporation; and (6) Xxentria Technology Materials Company Ltd. On May 6, 2024, we notified parties of our intent to rescind this administrative review with respect to the six companies that had no reviewable suspended entries during the POR. No party to the proceeding provided comments on our Intent to Rescind Memorandum. As a result, we are rescinding this review, in part, with respect to the six entities listed above which had no entries in the POR.
See Memorandum, “Notice of Intent to Rescind Review, In Part,” dated May 6, 2024 (Intent to Rescind Memorandum).
Methodology
Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act. Export price was calculated in accordance with section 772 of the Act. Normal value was calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.
Rate for Non-Examined Company
The Act and Commerce's regulations do not directly address the establishment of a rate to be applied to individual companies not selected for examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual review in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally “an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely {on the basis of facts available}.”
In this administrative review, we preliminarily calculated a dumping margin of zero percent for SYSCO. We preliminary calculated a dumping margin of 1.63 percent for Prosperity. Thus, we preliminary assigned to the non-selected company, Great Grandeul Steel Company Limited (Samoa), a weighted-average dumping margin of 1.63 percent, based on the rate calculated for Prosperity, the only rate that is not zero, de minimis, or based entirely on facts otherwise available.
We note that Great Grandeul Steel Company Limited (Samoa) was spelled incorrectly as Great Grandeul Steel Company Limited (Somoa) in the Initiation Notice. See Initiation Notice, 88 FR at 62328.
Preliminary Results of Review
As a result of this review, we preliminarily determine the following estimated weighted-average dumping margins exist for the period July 1, 2022, through June 30, 2023:
| Producer/exporter | Weighted- average dumping margin (percent) |
|---|---|
| Prosperity Tieh Enterprises Co., Ltd | 1.63 |
| Sheng Yu Steel Co | 0.00 |
| Great Grandeul Steel Company Limited (Samoa) | 1.63 |