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Enforcement and Compliance, International Trade Administration, Department of Commerce.
The U.S. Department of Commerce (Commerce) determines that certain steel nails (nails) from Malaysia were sold at less than normal value during the period of review (POR), July 1, 2021, through June 30, 2022.
Applicable February 6, 2024.
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John Drury or Tyler Weinhold, 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) 482–0195 or (202) 482–1121, respectively.
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Background
On August 4, 2023, Commerce published the Preliminary Results of the 2021–2022 administrative review of the antidumping duty order on nails from Malaysia.[1] We invited interested parties to comment on the Preliminary Results.[2] On November 17, 2023, we extended the deadline for these final results until January 31, 2024.[3] This review covers two mandatory respondents: Region and Inmax.[4] The producers/exporters not selected for individual examination are referenced in the “Final Results of Review” section below and listed in Appendix II of this notice. For a complete description of the events that followed the Preliminary Results, see the Issues and Decision Memorandum.[5] Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the scope of the order are nails from Malaysia. For a complete description of the scope of the order, see the Issues and Decision Memorandum.[6]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by interested parties in this review are discussed in the Issues and Decision Memorandum. A list of the topics included in the Issues and Decision Memorandum is attached as Appendix I to this notice. The Issues and Decision Memorandum is a public document and is made available to the public 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 Issues and Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Astrotech Steels Private Limited, Trinity Steel Private Limited, Geekay Wires Limited, and Modern Factory for Steel Industries Co. Ltd., made no shipments of the subject merchandise to the United States during the POR. No parties commented on this determination. Therefore, for the final results of review, we continue to find that these companies made no shipments of subject merchandise to the United States during the POR. Consistent with our practice, we will issue appropriate instructions to U.S. Customs and Border Protection (CBP) based on our final results.
Changes Since the Preliminary Results
Based on the comments received from interested parties regarding our Preliminary Results, we made certain changes to the margin calculation methodology used in the Preliminary Results and have changed the dumping margin for these final results of review, as discussed in the Issues and Decision Memorandum.
Rate for Non-Selected Respondents
The statute and Commerce's regulations do not address the establishment of a rate to be applied to companies not selected for individual 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 examination 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 and de minimis margins, and any margins determined entirely {on the basis of facts available}.”
In this review, we preliminarily calculated a weighted-average dumping margin for Region that is not zero, de minimis, or determined entirely on the basis of facts available, but calculated a Start Printed Page 8164 weighted-average dumping margin for Inmax that is zero.[7] For the final results, we continue to calculate a weighted-average dumping margins for Region that is not zero, de minimis, or determined entirely on the basis of facts available and a weighted-average dumping margin for Inmax that is zero. Accordingly, consistent with our practice, for the final results of this review, we continue to assign the dumping margin determined for Region to the non-selected mandatory respondents. Therefore, the rate for non-selected respondents is 1.08 percent.
Final Results of Review
We determine that the following weighted-average dumping margins exist for the period July 1, 2021, through June 30, 2022:
| Producer/exporter | Estimated weighted- average dumping margin (percent) |
|---|---|
| Region International Co., Ltd./Region System Sdn. Bhd | 1.08 |
| Inmax Sdn. Bhd./Inmax Industries Sdn. Bhd | 0.00 |
| Non-Selected Respondents 8 | 1.08 |
Disclosure of Calculations
Commerce intends to disclose the calculations performed for these final results within five days after the date of the public announcement of these final results, or if there is no public announcement, within five days of the date of publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b).
Assessment Rates
Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries.[9] For any individually examined respondents whose weighted-average dumping margin is above de minimis, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales, in accordance with 19 CFR 351.212(b)(1). Upon issuance of the final results of this administrative review, if any importer-specific assessment rates calculated in the final results are above de minimis ( i.e., at or above 0.5 percent), Commerce will issue instructions directly to CBP to assess antidumping duties on appropriate entries.
To determine whether the duty assessment rates covering the period were de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importer (or customer)-specific ad valorem rates by aggregating the amount of dumping calculated for all U.S. sales to that importer or customer and dividing this amount by the total entered value of the sales to that importer (or customer). Where an importer (or customer)-specific ad valorem rate is greater than de minimis, and the respondent has reported reliable entered values, we will apply the assessment rate to the entered value of the importer/customer's entries during the POR.
For the companies identified in Appendix II that were not selected for individual examination, we will instruct CBP to liquidate entries at the rates established in these final results of review.
For entries of subject merchandise during the POR produced by any of these companies for which they did not know their merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.[10]
Commerce intends to issue appropriate assessment instructions directly to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon publication in the Federal Register of the notice of these final results for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2) of the Act: (1) the cash deposit rate for companies subject to this review will be equal to the company-specific weighted-average dumping margin established in the final results of the review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in the completed segment 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 completed segment of this proceeding, then the cash deposit rate will be the rate established in the completed segment for the most recent period for the producer of the 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.
Notification to Importers Regarding the Reimbursem*nt of Duties
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 reimbursem*nt 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 reimbursem*nt of antidumping duties occurred and the subsequent assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return or destruction 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 the return or 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, and 19 CFR 351.221.
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Dated: January 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
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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
A. Region-Specific Issues
Comment 1: Application of Adverse Facts Available (AFA) to Region With Respect to Cost of Production
Comment 2: Application of AFA to Region With Respect to Appendix V of the Questionnaire
Comment 3: Capping Region's Freight Revenue
B. Inmax-Specific Issues
Comment 4: Application of AFA With Respect to Inmax's Cost Information
Comment 5: Denial of Inamx's Scrap Offset
Comment 6: Calculation of Weighted-Average Costs of Production for Inmax
VI. Recommendation
Appendix II
List of Non-Selected Respondents
Alsons Manufacturing India, LLP.
Atlantic Marine Group Ltd.
Chia Pao Metal Co., Ltd.
Chin Lai Hardware Sdn., Bhd.
Chuan Heng Hardware Paints and Building Materials Sdn. Bhd.
Come Best (Thailand) Co., Ltd.
Gbo Fastening Systems AB.
Impress Steel Wire Industries Sdn., Bhd.
Kerry-Apex (Thailand) Co., Ltd.
Kimmu Trading Sdn., Bhd.
Madura Fasteners Sdn., Bhd.
Oman Fasteners LLC.
Soon Shing Building Materials Sdn., Bhd.
Storeit Services LLP.
Sunmat Industries Sdn., Bhd.
Tag Fasteners Sdn., Bhd.
Tag Staples Sdn., Bhd.
Tampin Sin Yong Wai Industry Sdn., Bhd.
Top Remac Industries.
UD Industries Sdn., Bhd.
Vien Group Sdn., Bhd.
Watasan Industries Sdn., Bhd.
WWL India Private Ltd.
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1. See Certain Steel Nails from Malaysia: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021–2022,88 FR 51775 (August 4, 2023) ( Preliminary Results), and accompanying Preliminary Decision Memorandum.
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2. See Preliminary Results, 88 FR at 51776.
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3. See Memorandum, “Extension of Deadline for Final Results of Antidumping Duty Administrative Review,” dated November 17, 2023.
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4. As in the last completed administrative review, in this administrative review, Commerce continues to treat Region International Co. Ltd. and Region System Sdn. Bhd. (collectively, Region) as a collapsed single entity, and to treat Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd. (collectively, Inmax) as a collapsed single entity. See, e.g., Certain Steel Nails from Malaysia: Final Results of Antidumping Duty Administrative Review; 2019–2020,87 FR 5794 (February 2, 2022).
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5. See Memorandum, “Decision Memorandum for the Final Results of the 2021–2022 Administrative Review of the Antidumping Duty Order on Certain Steel Nails from Malaysia,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
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6. Id. at 1–2.
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7. See Preliminary Results.
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8. See Appendix II for the list of non-selected respondents.
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9. 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 Proceedings: Final Modification,77 FR 8101 (February 14, 2012).
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10. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,68 FR 23954 (May 6, 2003).
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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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[FR Doc. 2024–02294 Filed 2–5–24; 8:45 am]
BILLING CODE 3510–DS–P
Insights, advice, suggestions, feedback and comments from experts
Expert Introduction
As an international trade and commerce expert with significant experience in regulatory compliance, enforcement, and antidumping duty investigations, I have in-depth knowledge of the concepts and processes involved in the determination of antidumping duties and the administration of trade regulations. My expertise is demonstrated through my familiarity with the U.S. Department of Commerce's enforcement and compliance procedures, as well as my understanding of the key aspects of antidumping investigations, including the assessment of dumping margins, scope of orders, and assessment rates.
Concepts Related to the Provided Article
This article pertains to the U.S. Department of Commerce's determination that certain steel nails from Malaysia were sold at less than normal value during the specified period. The article covers various concepts related to antidumping duty investigations, enforcement, and compliance, including:
- Scope of the Order: The article discusses the products covered by the scope of the order, which are nails from Malaysia. It highlights the importance of understanding the scope of the order in antidumping investigations.
- Analysis of Comments Received: The article mentions the analysis of comments received from interested parties, indicating the significance of stakeholder engagement in antidumping duty reviews.
- Final Determination of No Shipments: It addresses the determination that certain companies made no shipments of the subject merchandise to the United States during the period of review, underscoring the importance of assessing shipment activities in antidumping investigations.
- Changes Since the Preliminary Results: The article discusses changes made to the margin calculation methodology based on comments received from interested parties, emphasizing the dynamic nature of antidumping investigations and the consideration of stakeholder feedback.
- Rate for Non-Selected Respondents: It outlines the process of establishing a rate for companies not selected for individual examination in an administrative review, highlighting the methodology for determining the rate for non-selected respondents.
- Assessment Rates: The article addresses the determination and assessment of antidumping duties on appropriate entries, detailing the assessment rates calculation method and the instructions issued to Customs and Border Protection (CBP) for assessing antidumping duties.
- Cash Deposit Requirements: It specifies the cash deposit requirements for companies subject to the review, emphasizing the importance of cash deposit rates in ensuring fair trade practices.
- Notification to Importers Regarding the Reimbursem*nt of Duties: The article serves as a reminder to importers of their responsibility to file a certificate regarding the reimbursem*nt of antidumping duties, highlighting the importance of importers' compliance with antidumping regulations.
These concepts collectively provide an overview of the key elements involved in an antidumping duty administrative review and demonstrate the complexity and detail-oriented nature of trade compliance and enforcement processes.
