Certain Corrosion-Resistant Steel Products From Taiwan: Final Results of Antidumping Duty Administrative Review; 2017-2018

Federal Register, Volume 85 Issue 57 (Tuesday, March 24, 2020)
[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Pages 16613-16615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05487]
International Trade Administration
Certain Corrosion-Resistant Steel Products From Taiwan: Final
Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers/exporters subject to this review made sales of subject
merchandise at less than normal value during the period of review (POR)
July 1, 2017 through June 30, 2018.
DATES: Applicable March 24, 2020.
FOR FURTHER INFORMATION CONTACT: Shanah Lee, Stephanie Berger, or
Charles Doss, 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) 482-6386, (202) 482-2483, or (202) 482-4474, respectively.
[[Page 16614]]
    On September 12, 2019, Commerce published the Preliminary Results
for this administrative review.\1\ We invited interested parties to
comment on the Preliminary Results. This review covers three
respondents: Prosperity Tieh Enterprise Co., Ltd. (Prosperity), Sheng
Yu Steel Co., Ltd. (SYSCO), Synn Industrial Co., Ltd., and Yieh Phui
Enterprise Co., Ltd. (collectively, Yieh Phui/Synn).\2\ We received
case briefs from California Steel Industries (California Steel) and
Steel Dynamics, Inc. (Steel Dynamics), Prosperity, SYSCO, Toyota Tsusho
America, Inc. (TAI), and Yieh Phui/Synn. We received rebuttal briefs
from AK Steel Corporation (AK Steel) and SYSCO. We refer to California
Steel, Steel Dynamics, and AK Steel collectively as the petitioners.
Commerce conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
    \1\ See Certain Corrosion-Resistant Steel Products from Taiwan:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 48120 (September 12, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
    \2\ See Certain Corrosion-Resistant Steel Products from Taiwan:
Final Results of Antidumping Duty Administrative Review; 2016-2017,
83 FR 64527 (December 17, 2018), amended by Certain Corrosion-
Resistant Steel Products from Taiwan: Amended Final Results of
Antidumping Duty Administrative Review; 2016-2017, 84 FR 5991
(February 25, 2019) (Final Results 2016-2017). In the Final Results
2016-2017, we collapsed Yieh Phui and Synn and treated them as a
single entity.
Scope of the Order
    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.
Analysis of the Comments Received
    All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the accompanying Issues and Decision
Memorandum.\3\ A list of the issues which parties raised, and to which
we respond in the Issues and Decision Memorandum, is attached at the
appendix. The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic System (ACCESS). ACCESS
is available to registered users at https://access.trade.gov, and in
the Central Records Unit, Room B8024 of the main Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/index.html.
The signed and the electronic versions of the Issues and Decision
Memorandum are identical in content.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review of Certain
Corrosion-Resistant Steel Products from Taiwan, 2017-2018,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
Changes Since the Preliminary Results
    Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
Prosperity, SYSCO, and Yieh Phui/Synn. For detailed information, see
the Issues and Decision Memorandum.
Final Results of the Administrative Review
    We determine that the following weighted-average dumping margins
exist for the respondents for the period July 1, 2017 through June 30,
                      Exporter/producer                         dumping
Prosperity Tieh Enterprise Co., Ltd.........................        3.48
Sheng Yu Steel Co. Ltd......................................        6.84
Yieh Phui Enterprise Co., Ltd. and Synn Industrial Co., Ltd.        0.51
Assessment Rates
    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
    For Prosperity, SYSCO, and Yieh Phui/Synn, we calculated importer-
specific assessment rates on the basis of the ratio of the total amount
of antidumping duties calculated for each importer's examined sales and
the total entered value of the sales in accordance with 19 CFR
351.212(b)(1).\4\ For entries of subject merchandise during the POR
produced by Prosperity, SYSCO, or Yieh Phui/Synn for which the producer
did not know its merchandise was destined for the United States, we
will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.
    \4\ In these final results, Commerce applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and Assessment Rate in
Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
    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.\5\
    \5\ See section 751(a)(2)(C) of the Act.
    We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
    The following deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rate for the companies listed above will
be equal to the weighted-average dumping margins established in the
final results of this
[[Page 16615]]
administrative review; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original investigation, but the producer has been covered in a
prior complete segment of this proceeding, then the cash deposit rate
will be the rate established for the most recent period for the
producer of the merchandise; (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 3.66 percent,\6\ the
all-others rate from the Amended Final Determination. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
    \6\ See Corrosion-Resistant Steel Products from Taiwan: Notice
of Court Decision Not in Harmony with Final Determination of
Antidumping Duty Investigation and Notice of Amended Final
Determination of Investigation, 84 FR 6129 (February 26, 2019)
(Amended Final Determination).
Notification to Importers
    This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
    This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
    We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act and
19 CFR 351.221(b)(5).
    Dated: March 10, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Treatment of Section 232 Duties Paid by Prosperity
    Comment 2: Application of Differential Pricing Methodology to
Prosperity's U.S. Sales
    Comment 3: Universe of Constructed Export Price (CEP) Sales for
    Comment 4: SYSCO's Categorization of Sales as U.S. or Home
    Comment 5: SYSCO's Costs on Arm's-Length Basis
    Comment 6: SYSCO's Prime and Non-Prime Sales
    Comment 7: Interest Revenue Cap--SYSCO
    Comment 8: Yieh Phui's U.S. Date of Sale and Shipment Dates
    Comment 9: Ministerial Error and Other Issues
VI. Recommendation
[FR Doc. 2020-05487 Filed 3-23-20; 8:45 am]