Certain Steel Nails From Malaysia: Final Results of the Antidumping Duty Administrative Review; 2017-2018
| Published date | 12 March 2020 |
| Citation | 85 FR 14461 |
| Record Number | 2020-05065 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 85 Issue 49 (Thursday, March 12, 2020)
[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Notices]
[Pages 14461-14462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05065]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-816]
Certain Steel Nails From Malaysia: Final Results of the
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that sales of
certain steel nails (steel nails) from Malaysia were made at less than
normal value during the period of review (POR) July 1, 2017 through
June 30, 2018.
DATES: Applicable March 12, 2020.
FOR FURTHER INFORMATION CONTACT: Preston N. Cox, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC, 20230; telephone: (202) 482-5041.
SUPPLEMENTARY INFORMATION:
Background
On September 11, 2019, Commerce published the Preliminary Results
of the 2017-2018 antidumping duty administrative review of steel nails
from Malaysia and invited interested parties to comment.\1\ The review
covers two producers/exporters of the subject merchandise: Inmax and
Region.\2\ On October 18, 2019, Commerce received case briefs from
Inmax, Region, and Mid Continent Steel & Wire, Inc. (the
petitioner).\3\ On October 22, 2019, we received a rebuttal brief from
Region,\4\ and on October 23, 2019, we received a rebuttal brief from
the petitioner.\5\ On January 2, 2020, Commerce extended the deadline
for the final results of the review to no later than March 6, 2020.\6\
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\1\ Certain Steel Nails From Malaysia: Preliminary Results and
Partial Rescission of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 47933 (September 11, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ Commerce has determined to collapse, and treat as a single
entity, affiliates Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd.
(collectively, Inmax), and Region International Co. Ltd. and Region
System Sdn. Bhd. (collectively, Region) for these final results of
review. For a discussion of this analysis, see Preliminary Results
PDM.
\3\ See Inmax's Letter, ``Steel Nails from Malaysia--Case
Brief,'' dated October 18, 2019; see also Region's Letter, ``Steel
Nails from Malaysia: Case Brief,'' dated October 18, 2019; and
Petitioner's Letter, ``Certain Steel Nails from Malaysia: Case
Brief,'' dated October 18, 2019.
\4\ See Region's Letter, ``Steel Nails from Malaysia: Case
Brief,'' dated October 22, 2019.
\5\ See Petitioner's Letter, ``Certain Steel Nails from
Malaysia: Rebuttal Brief,'' dated October 23, 2019.
\6\ See Memorandum, ``Certain Steel Nails from Malaysia:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review; 2017-2018,'' dated January 2, 2020.
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For a further discussion of events subsequent to the Preliminary
Results, see the Issues and Decision Memorandum.\7\ Commerce conducted
this administrative review in accordance with section 751 of the Tariff
Act of 1930, as amended (the Act).
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Steel Nails from Malaysia; 2017-2018,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order
The products covered by the scope of the order are certain steel
nails from Malaysia. For a complete description of the scope of the
order, see the Issues and Decision Memorandum.\8\
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\8\ See Issues and Decision Memorandum at 2-4.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and it is available to all parties 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
https://enforcement.trade.gov/frn/index.html. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
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 margin calculations for Inmax and Region.
The Issues and Decision Memorandum contains a description of these
revisions.\9\
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\9\ See Issues and Decision Memorandum at 4; see also
Memorandum, ``Analysis Memorandum for Inmax Sdn. Bhd. and Inmax
Industries Sdn. Bhd. in the Final Results of the 2017/2018
Administrative Review of the Antidumping Duty Order on Certain Steel
Nails from Malaysia,'' dated concurrently with this notice;
Memorandum, ``Analysis Memorandum for Region International Co. Ltd.
and Region System Sdn. Bhd. in the Final Results of the 2017/2018
Administrative Review of the Antidumping Duty Order on Certain Steel
Nails from Malaysia,'' dated concurrently with this notice.
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Final Results of the Administrative Review
As a result of this review, Commerce determines that the following
weighted-average dumping margin exists for the period July 1, 2017
through June 30, 2018:
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Weighted-
average
Producer/Exporter dumping
margin
(percent)
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Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd............... 0.00
[[Page 14462]]
Region International Co. Ltd. and Region System Sdn. Bhd.... 3.12
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Disclosure of Calculations
We intend to disclose the calculations performed for these final
results within five days of the date of publication of this notice to
parties in this proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protections (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. We will calculate 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).
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by each respondent for which it did
not know that the merchandise it sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, 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.\10\
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\10\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2) of the Act: (1) The cash deposit rate for the respondents
noted above will be equal to the weighted-average dumping margin
established in the final results of this review; (2) for merchandise
exported by companies not covered in this review but covered in a prior
segment of this proceeding, the cash deposit will continue to be the
company-specific rate published for the most recently completed segment
of this proceeding in which the company participated; (3) if the
exporter is not a firm covered in this review or the original
investigation, but the producer is, then the cash deposit rate will be
the rate established for the most recently completed segment for the
producer of the subject merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 2.66 percent, the
all-others rate established in the less-than-fair-value
investigation.\11\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\11\ See Certain Steel Nails From Malaysia: Amended Final
Determination of Sales at Less Than Fair Value, 80 FR 34370 (June
16, 2015).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this 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.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to APO
of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of 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
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: March 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Changes From the Preliminary Results
VI. Discussion of the Issues
A. Inmax-Specific Issues
Comment 1: Adjustments to the Costs of Production
B. Region-Specific Issues
Comment 2: Difference Between Low and High Carbon Wire Rod Costs
Comment 3: Imputed Interest Expense Amount
Comment 4: Programming Errors
VII. Recommendation
[FR Doc. 2020-05065 Filed 3-11-20; 8:45 am]
BILLING CODE 3510-DS-P
