Federal Register - June 9, 2021

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Fuente: Federal Register

Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices
lotter on DSK11XQN23PROD with NOTICES1

company, Create Trading.4
Subsequently, the nine Taiwanese companies that had self-requested an administrative review, also withdrew their requests for review.5 Accordingly, on October 15, 2020,6 and December 10, 2020,7 pursuant to 19 CFR
351.213d1, Commerce rescinded the administrative review, in part, of all companies under review except for Create Trading. The review remains active only with respect to Create Trading, which filed a statement of no sales.8
On November 23, 2020, the petitioner submitted comments regarding Create Tradings statement of no sales.9 At Commerces request, U.S. Customs and Border Protection CBP provided entry documents associated with Create Tradings claim.10 Subsequently, on March 5, 2021, Commerce requested additional information from Create Trading regarding the CBP entry documents vis-a-vis its statement of no sales.11 On March 19, 2021, Create Trading responded to Commerces request for information,12 and on April 5, 2021, the petitioner submitted comments regarding Create Tradings response.13
4 See Petitioners Letter, Withdrawal of Request for Administrative Reviews, dated September 21, 2020.
5 See Letter, Withdrawal of Administrative Review Request, dated November 30, 2020, collectively from: Liang Chyuan Industrial Co., Ltd., Romp Coil Nail Industries Inc., UJL Industries Co., Ltd., Hor Liang Industrial Corp., Yu Chi Hardware Co., Ltd., Trim International Inc., China Staple Enterprise Corporation, Hoyi Plus Co., Ltd., and Zon Mon Co., Ltd.
6 See Certain Steel Nails From Taiwan: Partial Rescission of Antidumping Duty Administrative Review; 20192020 , 85 FR 65366 October 15, 2020.
7 See Certain Steel Nails from Taiwan: Partial Rescission of Antidumping Duty Administrative Review; 20192020, 85 FR 79470 December 10, 2020.
8 See Create Tradings Letter, Statement of No Sales to the United States, dated September 21, 2020 Statement of No Sales. Specifically, Create Trading certified that all of its exports of subject merchandise were produced by unaffiliated producers that had knowledge of final destination to the United States at the time of sale to Create Trading, and thus, Create Trading claims it has no reviewable sales for this POR.
9 See Petitioners Letter, Comments on Create Trading Co., Ltd.s Statement of No Sales to the United States, dated November 23, 2020.
10 See Memorandum, Create Trading Co., Ltd.
Placement of Entry Documentation on the Record, dated May 6, 2021.
11 See Commerces Letter, Request for Information, dated March 5, 2021.
12 See Create Tradings Letter, Response to Request for Information, dated March 19, 2021.
13 See Petitioners Letter, Comments on Create Trading Co., Ltd.s Response to Request for Information, dated April 2, 2021.

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Scope of the Order 14
The merchandise covered by this order is certain steel nails from Taiwan.
The certain steel nails subject to the order are currently classifiable under Harmonized Tariff Schedule of the United States HTSUS subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain steel nails subject to this order also may be classified under HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings. Although the HTSUS numbers are provided for convenience and for customs purposes, the written product description, available in the Appendix to this notice, remains dispositive.
Preliminary Determination of No Shipments Create Trading reported that it had no reviewable sales during the POR
because its unaffiliated producers had knowledge of the final destination of the subject merchandise that they produced and sold to Create Trading, and which Create Trading resold to U.S. customers during the POR. Create Trading provided sales documentation, such as invoices and packing lists from its unaffiliated producers, as well as accounting records as evidence in support of its claim.15 Based on the information provided by Create Trading, which we find is supported by entry documents provided by CBP, we preliminarily determine that Create Trading was not the first party in the transaction chain to have knowledge that the merchandise was destined for the United States, and, thus, Create Trading is not considered the exporter of subject merchandise during the POR
for purposes of this review. Specifically, the record demonstrates that Create Tradings unaffiliated suppliers had knowledge that the steel nails they produced and sold to Create Trading were destined for the United States.
Thus, we preliminarily determine that Create Trading had no shipments during the POR.
14 See Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 80 FR 39994 July 13, 2015 Order.
15 See Create Tradings Statement of No Sales.

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Commerce finds that, based on the clarification in the 2003 Assessment of Antidumping Duties notice regarding the reseller policy, we will not rescind the review in these circumstances but, rather, complete the review with respect to Create Trading and issue appropriate instructions to CBP after the completion of the review.16 Specifically, we find it appropriate in this case to instruct CBP
at the completion of the review to liquidate any existing entries of subject merchandise produced by Create Tradings unaffiliated producers and exported by Create Trading at the rate applicable to the unaffiliated producers, which, as discussed below, in this case is the all-others rate.17
Public Comment Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.18
Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the time limit for filing case briefs.19 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: 1 A statement of the issue; 2 a brief summary of the argument; and 3 a table of authorities.20 Case and rebuttal briefs must be filed electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS and must also be served on interested parties.
Pursuant to 19 CFR 351.310c, 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 p.m.
Eastern Time within 30 days after the date of publication of this notice.21
Hearing requests should contain: 1 The 16 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954, 23954 May 6, 2003 Assessment of Antidumping Duties.
17 See, e.g., Certain Frozen Warmwater Shrimp from India: Partial Rescission of Antidumping Duty Administrative Review, 73 FR 77610, 77612
December 19, 2008 Shrimp from India; Certain Pasta from Turkey: Notice of Preliminary Results of Antidumping Duty Administrative Review, 76 FR
23974, 23977 April 29, 2011, unchanged in Pasta From Turkey: Notice of Final Results of the 14th Antidumping Duty Administrative Review, 76 FR
68399 November 4, 2011.
18 See 19 CFR 351.309c1ii.
19 See 19 CFR 351.309d1.
20 See 19 CFR 351.309c2 and d2; see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020.
21 See 19 CFR 351.310c.

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Federal Register - June 9, 2021

TítuloFederal Register

PaísEstados Unidos de América

Fecha09/06/2021

Nro. de páginas227

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