[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:

------------------------------------------------------------------------
                                                               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