Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Reviewable Sales; 2022-2023

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-583-854]</DEPDOC> <SUBJECT>Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Reviewable Sales; 2022-2023</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) determines that certain steel nails (nails) from Taiwan were sold in the United States at less than normal value during the period of review (POR), July 1, 2022, through June 30, 2023. Commerce also determines that certain companies under review had no reviewable sales during the POR. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable November 26, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Faris Montgomery or Henry Wolfe, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1537 or (202) 482-0574, respectively. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On July 16, 2024, Commerce published the preliminary results in the 2022-2023 administrative review of the antidumping duty order on nails from Taiwan and invited interested parties to comment. <SU>1</SU> <FTREF/> On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. <SU>2</SU> <FTREF/> The deadline for the final results is now November 20, 2024. A summary of the events that occurred since publication of the <E T="03">Preliminary Results,</E> as well as a full discussion of the issues raised by parties for these final results, are included in the Issues and Decision Memorandum. <SU>3</SU> <FTREF/> Commerce conducted this administrative review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). <FTNT> <SU>1</SU>   <E T="03">See Certain Steel Nails from Taiwan: Preliminary Results and Rescission, in Part, of Antidumping Administrative Review; 2022-2023,</E> 89 FR 57856 (July 16, 2024). The list of companies for which Commerce was rescinding the administrative review was subsequently corrected; <E T="03">see Certain Steel Nails from Taiwan: Preliminary Results and Rescission, in Part, of Antidumping Administrative Review; 2022-2023; Correction,</E> 89 FR 62721 (August 1, 2024). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review of Certain Steel Nails from Taiwan; 2022-2023,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). </FTNT> This review covers 23 producers and/or exporters of the subject merchandise. Commerce selected four companies, Cyuan Hong Enterprise Co. (Cyuan Hong), Hsieh Shun Iron Wire Mfg. Co., Ltd. (Hsieh Shun), Qi Ding Enterprise Co. Ltd. (Qi Ding), and Yeong Ming Steel Iron Co., Ltd. (Yeong Ming) for individual examination. <SU>4</SU> <FTREF/> Two companies, Wiresmith Industrial Co., Ltd. (Wiresmith), and Concord International Engineering & Trading Co., Ltd. (Concord International) reported having no reviewable entries during the POR, <E T="03">see</E> “Final Determination of No Reviewable Sales” section below. The remaining producers and/or exporters not selected for individual examination are listed in Appendix II of this notice. <FTNT> <SU>4</SU>   <E T="03">See</E> Memorandum, “Respondent Selection,” dated October 31, 2023; <E T="03">see also</E> Memoranda, “First Selection of Additional Mandatory Respondents,” dated December 29, 2023; “Second Selection of Additional Mandatory Respondents,” dated January 25, 2024; and “Third Selection of Additional Mandatory Respondents,” dated March 7, 2024. We note that Commerce selected two additional respondents; Concord International reported no reviewable entries and we were unable to deliver the questionnaire to Foison Hardware Inc. at the provided address. </FTNT> <HD SOURCE="HD1"> Scope of the Order  <E T="51">5</E> <E T="03">See Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders,</E> 80 FR 39994 (July 13, 2015) ( <E T="03">Order</E> ). </FTNT> The merchandise covered by this <E T="03">Order</E> are nails from Taiwan. For a complete description of the scope of the <E T="03">Order, see</E> the Issues and Decision Memorandum. <HD SOURCE="HD1">Analysis of Comments Received</HD> All issues raised in case briefs are addressed in the Issues and Decision Memorandum and are listed in Appendix I to this notice. 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <HD SOURCE="HD1">Changes Since the Preliminary Results</HD> In response to comments made by interested parties, Commerce made changes to the dumping margin assigned to non-examined companies under review. The Issues and Decision Memorandum contains a description of this change. <HD SOURCE="HD1">Final Determination of No Reviewable Sales</HD> In the <E T="03">Preliminary Results,</E> Commerce determined that resellers Wiresmith and Concord International had no reviewable sales of subject merchandise during the POR. <SU>6</SU> <FTREF/> We received no comments from interested parties regarding our preliminary determination and do not have any information on the record to contradict this determination. Therefore, we continue to find that these two companies had no reviewable sales during the POR. As discussed further in the “Assessment Rates” section below, we will instruct CBP to liquidate any existing entries of subject merchandise produced by Wiresmith and Concord International's respective unaffiliated suppliers and attributed to Wiresmith and Concord International at the rate applicable to the unaffiliated producers, or the all-others rate if there is no rate for the unaffiliated producers. <SU>7</SU> <FTREF/> <FTNT> <SU>6</SU>   <E T="03">See Preliminary Results,</E> 89 FR at 57857-57858. </FTNT> <FTNT> <SU>7</SU>   <E T="03">See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,</E> 68 FR 23954, 23954 (May 6, 2003) ( <E T="03">Assessment of Antidumping Duties</E> ); <E T="03">see also Certain Pasta from Turkey: Notice of Preliminary Results of Antidumping Duty Administrative Review,</E> 76 FR 23974, 23977 (April 29, 2011), unchanged in <E T="03">Pasta from Turkey: Notice of Final Results of the 14th Antidumping Duty Administrative Review,</E> 76 FR 68399 (November 4, 2011). </FTNT> <HD SOURCE="HD1">Use of Adverse Facts Available</HD> As discussed in the <E T="03">Preliminary Results,</E> we are relying entirely upon facts otherwise available, pursuant to sections 776(a) and (b) of the Act, to assign estimated dumping margins to mandatory respondents Cyuan Hong, Hsieh Shun, Qi Ding, and Yeong Ming because these companies were unresponsive to our requests for information, and thereby withheld necessary information that was requested by Commerce, failed to provide the information requested by the specified deadlines in the form and manner requested, and significantly impeded the review. Further, Commerce finds that Cyuan Hong, Hsieh Shun, Qi Ding, and Yeong Ming failed to cooperate by not acting to the best of their ability to comply with requests for information and, thus, Commerce is applying an adverse inference in selecting among the facts available, in accordance with section 776(b) of the Act. Using adverse facts available (AFA), we are assigning these companies a rate of 78.17 percent, which is the highest rate applied in any segment of this proceeding. <HD SOURCE="HD1">Changes Since the Preliminary Results</HD> Based on a review of the record and comments received from interested parties regarding the <E T="03">Preliminary Results,</E> we revised the weighted average margin assigned to the respondents not selected for individual examination. <SU>8</SU> <FTREF/> For detailed information, <E T="03">see</E> the Issues and Decision Memorandum. <FTNT> <SU>8</SU>   <E T="03">See</E> Issues and Decision Memorandum at Comment 1. </FTNT> <HD SOURCE="HD1">Rate for Non-Selected Companies</HD> For the rate assigned to companies not selected for individual examination in an administrative review, generally, Commerce looks to section 735(c)(5) of the Act which provides instructions for calculating the all-others rate in an investigation. 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 <E T="03">de minimis</E> margins, and any margins determined entirely {on the basis of facts available}.” Under section 735(c)(5)(B) of the Act, if the estimated dumping margins established for all exporters and producers individually investigated are zero or <E T="03">de minimis</E> margins, or are determined entirely under ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 20k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━