[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Pages 68884-68886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27138]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-859]
Steel Concrete Reinforcing Bar From Taiwan: Preliminary Results
and Partial Rescission of Antidumping Duty Administrative Review; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Power Steel Co., Ltd. (Power Steel), an exporter of steel concrete
reinforcing bar (rebar) from Taiwan, sold subject merchandise in the
United States at prices below normal value during the period of review
(POR) March 7, 2017 through September 30, 2018. We invite all
interested parties to comment on these preliminary results.
DATES: Applicable December 17, 2019.
FOR FURTHER INFORMATION CONTACT: Kathryn Wallace and Leo Ayala, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6251 and (202) 482-3945,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on rebar from Taiwan in accordance with section 751(a)(1)(B)
of Tariff Act of 1930, as amended (the Act).\1\ On December 11, 2018,
in accordance with 19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the Order covering two companies.\2\ On
December 18, 2019, we issued the standard antidumping duty
questionnaire to Power Steel and Lo-Toun Steel and Iron Works Co., Ltd
(Lo-Toun Steel).\3\ On February 15, 2019, Lo-Toun Steel withdrew its
self-request for administrative review.\4\ Commerce exercised its
discretion to toll all deadlines affected by the partial federal
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government closure from December 22, 2018 through the resumption of
operations on January 28, 2019.\5\ On August 7 and October 8, 2019,
Commerce postponed the preliminary results of this review.\6\
Accordingly, the deadline for these preliminary results is December 10,
2019.
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\1\ See Steel Concrete Reinforcing Bar from Taiwan: Antidumping
Duty Order, 82 FR 45809 (October 2, 2017) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 63615 (December 11, 2018) (Initiation
Notice).
\3\ See Commerce's Letter, ``Antidumping Duty Questionnaire,''
dated December 18, 2019.
\4\ See Lo-Toun Steel's Letter, ``Withdrawal of Request for
Administrative Review on behalf of Lo-Toun,'' dated February 15,
2019 (Lo-Toun Steel's Withdrawal).
\5\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
\6\ See Memorandum, ``Steel Concrete Reinforcing Bar from
Taiwan: Extension of Deadline for the Preliminary Results of the
Review,'' dated August 7, 2019; and Memorandum, ``Steel Concrete
Reinforcing Bar from Taiwan: Second Extension of Deadline for the
Preliminary Results of the Review,'' dated October 8, 2019.
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Scope of the Order
The product covered by the Order is steel concrete reinforcing bar
from Taiwan. For a full description of the scope, see the Preliminary
Decision Memorandum.\7\
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\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results and Partial Rescission of Antidumping Duty Administrative
Review: Steel Concrete Reinforcing Bar from Taiwan; 2017-2018''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Partial Rescission of Administrative Review
Commerce initiated a review of two companies in this proceeding:
Power Steel and Lo-Toun Steel.\8\ We are rescinding this administrative
review with respect to Lo-Toun Steel, pursuant to 19 CFR 351.213(d)(1),
because the sole review request for Lo-Toun Steel was timely
withdrawn.\9\ Accordingly, Power Steel is the only remaining company
subject to this administrative review.
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\8\ See Initiation Notice.
\9\ See Lo-Toun Steel's Withdrawal.
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Methodology
Commerce is conducting this review in accordance with section 751
of the Act. Export price is calculated in accordance with section 772
of the Act. Normal value is calculated in accordance with section 773
of the Act. For a full description of the methodology underlying the
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice.
The Preliminary 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 to all parties in the Central Records Unit, Room B8024 of the main
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results
We preliminarily determine that the following weighted-average
dumping margin exists for the period of March 7, 2017 through September
30, 2018:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Power Steel Co., Ltd....................................... 4.01
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. If Power
Steel's weighted-average dumping margin is above de minimis (i.e., 0.50
percent), we will calculate an importer-specific ad valorem duty
assessment rate 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).\10\ We
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review when the importer-specific assessment
rate calculated in the final results of this review is not zero or de
minimis. If Power Steel's weighted-average dumping margin is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by this review where applicable.
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\10\ In these preliminary results, Commerce applied the
assessment rate calculation methodology 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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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Power
Steel for which the company did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
entries at the all-others rate if there is no rate for the intermediate
company involved in the transaction. We intend to issue instructions to
CBP 15 days after the publication date of the final results of this
review.
Cash Deposit Requirements
The following 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)(C) of the Act: (1) The cash deposit rate for Power Steel will
be the rate established in the final results of this review (except, if
the ad valorem rate is de minimis, then the cash deposit rate will be
zero); (2) for previously reviewed or investigated companies not
covered in this review, the cash deposit rate will continue to be the
company-specific rate published for the most recently-completed segment
of this proceeding in which the company was reviewed; (3) if the
exporter is not a firm covered in this review, a prior 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 of
this proceeding for the producer of subject merchandise; and (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 3.50 percent, the all-others rate established in the
investigation.\11\
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\11\ See Order, 82 FR at 45810.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b). Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties will have the opportunity to
comment on the preliminary results and may submit case briefs and/or
written comments 30 days following the publication of the preliminary
results. Rebuttal briefs, limited to issues raised in case briefs, may
be submitted no later than five days after the deadline date for case
briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this review are encouraged to
submit with each argument: (1) A statement of
[[Page 68886]]
the issue; (2) a brief summary of the argument; and (3) a table of
authorities. Case and rebuttal briefs should be filed using ACCESS.
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\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice. Requests should contain:
(1) The party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs.\13\ If a request for a hearing is made, Commerce
intends to hold the hearing at the U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, at a time and date to be
determined.\14\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(c).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Notification to Importers
This notice serves as a preliminary 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: December 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Comparisons to Normal Value
VI. Date of Sale
VII. Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
[FR Doc. 2019-27138 Filed 12-16-19; 8:45 am]
BILLING CODE 3510-DS-P