Certain Steel Nails From Taiwan: Final Determination of Sales at Less Than Fair Value, 28959-28962 [2015-12247]
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Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices
examined company is de minimis, we
determine that countervailable subsidies
are not being provided to producers or
exporters of nails in Oman. We have not
calculated an all-others rate pursuant to
sections 705(c)(1)(B) and (c)(5) of the
Tariff Act of 1930, as amended (the Act)
because we have not reached an
affirmative final determination. Because
our final determination is negative, this
proceeding is terminated in accordance
with section 705(c)(2) of the Act.
In the Preliminary Determination, the
total net countervailable subsidy rate for
the individually examined respondent
was de minimis and, therefore, we did
not suspend liquidation of entries of
nails from Oman.4 Because the
estimated subsidy rate for the examined
company is de minimis in this final
determination, we are not directing U.S.
Customs and Border Protection to
suspend liquidation of entries of nails
from the Sultanate of Oman.
United States International Trade
Commission (USITC) Notification
In accordance with section 705(d) of
the Act, we will notify the USITC of our
final determination. Because our final
determination is negative, this
investigation is terminated.
Return or Destruction of Proprietary
Information
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation that is subject to
sanction.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: May 13, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
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Appendix I—Scope of the Investigation
The merchandise covered by this
investigation is certain steel nails having a
nominal shaft length not exceeding 12
inches.5 Certain steel nails include, but are
not limited to, nails made from round wire
4 See
Preliminary Determination, 79 FR at 65179.
shaft length of certain steel nails with flat
heads or parallel shoulders under the head shall be
measured from under the head or shoulder to the
tip of the point. The shaft length of all other certain
steel nails shall be measured overall.
5 The
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Jkt 235001
and nails that are cut from flat-rolled steel.
Certain steel nails may be of one piece
construction or constructed of two or more
pieces. Certain steel nails may be produced
from any type of steel, and may have any
type of surface finish, head type, shank, point
type and shaft diameter. Finishes include,
but are not limited to, coating in vinyl, zinc
(galvanized, including but not limited to
electroplating or hot dipping one or more
times), phosphate, cement, and paint. Certain
steel nails may have one or more surface
finishes. Head styles include, but are not
limited to, flat, projection, cupped, oval,
brad, headless, double, countersunk, and
sinker. Shank styles include, but are not
limited to, smooth, barbed, screw threaded,
ring shank and fluted. Screw-threaded nails
subject to this proceeding are driven using
direct force and not by turning the nail using
a tool that engages with the head. Point styles
include, but are not limited to, diamond,
needle, chisel and blunt or no point. Certain
steel nails may be sold in bulk, or they may
be collated in any manner using any material.
Excluded from the scope of this
investigation are certain steel nails packaged
in combination with one or more non-subject
articles, if the total number of nails of all
types, in aggregate regardless of size, is less
than 25. If packaged in combination with one
or more non-subject articles, certain steel
nails remain subject merchandise if the total
number of nails of all types, in aggregate
regardless of size, is equal to or greater than
25, unless otherwise excluded based on the
other exclusions below.
Also excluded from the scope are certain
steel nails with a nominal shaft length of one
inch or less that are (a) a component of an
unassembled article, (b) the total number of
nails is sixty (60) or less, and (c) the imported
unassembled article falls into one of the
following eight groupings: (1) Builders’
joinery and carpentry of wood that are
classifiable as windows, French-windows
and their frames; (2) builders’ joinery and
carpentry of wood that are classifiable as
doors and their frames and thresholds; (3)
swivel seats with variable height adjustment;
(4) seats that are convertible into beds (with
the exception of those classifiable as garden
seats or camping equipment); (5) seats of
cane, osier, bamboo or similar materials; (6)
other seats with wooden frames (with the
exception of seats of a kind used for aircraft
or motor vehicles); (7) furniture (other than
seats) of wood (with the exception of (i)
medical, surgical, dental or veterinary
furniture; and ii) barbers’ chairs and similar
chairs, having rotating as well as both
reclining and elevating movements); or (8)
furniture (other than seats) of materials other
than wood, metal, or plastics (e.g., furniture
of cane, osier, bamboo or similar materials).
The aforementioned imported unassembled
articles are currently classified under the
following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 4418.10,
4418.20, 9401.30, 9401.40, 9401.51, 9401.59,
9401.61, 9401.69, 9403.30, 9403.40, 9403.50,
9403.60, 9403.81 or 9403.89.
Also excluded from the scope of this
investigation are steel nails that meet the
specifications of Type I, Style 20 nails as
identified in Tables 29 through 33 of ASTM
Standard F1667 (2013 revision).
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Fmt 4703
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28959
Also excluded from the scope of this
investigation are nails suitable for use in
powder-actuated hand tools, whether or not
threaded, which are currently classified
under HTSUS subheadings 7317.00.20.00
and 7317.00.30.00.
Also excluded from the scope of this
investigation are nails having a case hardness
greater than or equal to 50 on the Rockwell
Hardness C scale (HRC), a carbon content
greater than or equal to 0.5 percent, a round
head, a secondary reduced-diameter raised
head section, a centered shank, and a smooth
symmetrical point, suitable for use in gasactuated hand tools.
Also excluded from the scope of this
investigation are corrugated nails. A
corrugated nail is made up of a small strip
of corrugated steel with sharp points on one
side.
Also excluded from the scope of this
investigation are thumb tacks, which are
currently classified under HTSUS
subheading 7317.00.10.00.
Certain steel nails subject to this
investigation are currently classified under
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 investigation also may be classified
under HTSUS subheading 8206.00.00.00 or
other HTSUS subheadings.
While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II—List of Topics in the
Issues and Decision Memorandum
I. SUMMARY
II. BACKGROUND
III. SCOPE OF THE INVESTIGATION
IV. SCOPE COMMENTS
V. SUBSIDIES VALUATION
VI. ANALYSIS OF PROGRAMS
VII. ANALYSIS OF COMMENTS
VIII. RECOMMENDATION
[FR Doc. 2015–12263 Filed 5–19–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–854]
Certain Steel Nails From Taiwan: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of certain steel nails from
Taiwan are being sold in the United
States at less than fair value (LTFV), as
provided in section 735 of the Tariff Act
AGENCY:
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Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices
of 1930, as amended (the Act). The final
weighted-average dumping margins of
sales at LTFV are listed below in the
section entitled ‘‘Final Determination
Margins.’’
DATES:
Effective Date: May 20, 2015.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or Scott Hoefke, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5075 or (202) 482–
4947.
SUPPLEMENTARY INFORMATION:
Background
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On December 29, 2014, the
Department published in the Federal
Register the preliminary determination
in the LTFV investigation of Certain
Steel Nails from Taiwan.1 In the
Preliminary Determination, we
postponed the final determination until
no later than 135 days after the
publication of the Preliminary
Determination in accordance with
section 735(a)(2)(B) of the Act and 19
CFR 351.210(b)(2)(i) and invited parties
to comment on our Preliminary
Determination.
On the same day, we received timelyfiled allegations from Respondents 2 that
the Department made ministerial errors
in calculating their dumping margins in
this proceeding.3 Also on December 29,
2014, we received allegations from
Petitioner 4 that the Department made
significant ministerial errors in
calculating the dumping margins for the
Preliminary Determination.5 In
addition, Petitioner requested a
disclosure meeting.6 Subsequently,
Respondents also requested to attend
1 See Certain Steel Nails From Taiwan: Negative
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 79 FR 78053, 78054 (December 29,
2014) (Preliminary Determination).
2 The mandatory respondents are PT Enterprise,
Inc. (PT) and its affiliated manufacturer, Pro-Team
Coil Nail Enterprise, Inc. (Proteam); and Quick
Advance, Inc. (Quick Advance) and its affiliated
manufacturer, Ko’s Nail, Inc. (Ko) (collectively,
Respondents).
3 See Letter from Respondents, regarding ‘‘PT
Enterprise and Quick Advance, Request to Correct
Clerical Errors in Preliminary Determination;
Antidumping Duty Investigation of Certain Steel
Nails from Taiwan,’’ dated December 29, 2014
(Respondents Allegations Letter).
4 The petitioner is Mid Continent Steel & Wire,
Inc. (Petitioner).
5 See Letter from Petitioner, regarding ‘‘Certain
Steel Nails from Taiwan: Allegations of Significant
Ministerial Error and Request for Disclosure
Meeting,’’ dated December 29, 2014 (Petitioner
Allegations Letter).
6 Id.
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23:50 May 19, 2015
Jkt 235001
the disclosure meeting.7 On January 7,
2015, the Department held disclosure
meetings with both parties.8
Between January 26, 2015, and
February 6, 2015, the Department
conducted verifications in Taiwan of the
sales and cost information submitted by
Quick Advance, Ko, PT and Proteam. In
accordance with 19 CFR
351.309(c)(1)(i), we invited parties to
comment on our Preliminary
Determination. On March 30, 2015, the
Department released its Ministerial
Error Allegation Memo.9 On March 31,
2015, Petitioner and Respondents
submitted case briefs. Each of these
parties submitted rebuttal briefs on
April 9, 2015.
Period of Investigation
The period of investigation is April 1,
2013, through March 31, 2014.
Scope of the Investigation
The product covered by this
investigation is certain steel nails from
Taiwan. For a full description of the
scope of the investigation, see Appendix
I to this notice.
Since the Preliminary Determination,
several interested parties (i.e., IKEA
Supply AG, The Home Depot, Target
Corporation, and Petitioner) commented
on the scope of these investigations. The
Department reviewed these comments
and made certain changes. For further
discussion, see the Issues and Decision
Memorandum.10 The scope in
Appendix I reflects all modifications to
the scope made by the Department for
this final determination.
Verification
As provided in section 782(i) of the
Act, in January 2015 through February
2015, we conducted verification of the
sales and cost information submitted by
PT Enterprises, Inc. (PT) and its
7 See Letter from Respondents, regarding ‘‘PT
Enterprise and Quick Advance, Request to Attend
Disclosure Meeting; Antidumping Duty
Investigation of Certain Steel Nails from Taiwan,’’
dated January 6, 2014.
8 See Memoranda to the file from Scott Hoefke,
‘‘Certain Steel Nails from Taiwan,’’ regarding ex
parte disclosure meetings with Petitioner and
Respondents, dated January 8, 2014.
9 See the Department’s March 20, 2015,
Memorandum to Christian Marsh entitled,
‘‘Ministerial Error Allegations in the Preliminary
Determination of the Antidumping Duty
Investigation of Certain Steel Nails from Taiwan,’’
(Ministerial Error Allegation Memo).
10 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Abdelali
Elouaradia, Office Director, Office VI, Enforcement
and Compliance Operations, ‘‘Issues and Decision
Memorandum for the Affirmative Final
Determination in the Less than Fair Value
Investigation of Certain Nails from Taiwan,’’ dated
concurrently with this determination and hereby
adopted by this notice.
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Sfmt 4703
affiliated producer Pro-Team Coil Nail
Enterprise, Inc. (Proteam), and Quick
Advance, Inc. (Quick Advance) and its
affiliated producer Ko’s Nail, Inc. (Ko)
for use in our final determination. We
used standard verification procedures
including an examination of relevant
accounting and production records, and
original source documents provided by
PT and its affiliate, Proteam, and Quick
Advance and its affiliate, Ko.11
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum. A list of
the issues raised is attached to this
notice as Appendix II. 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; the memorandum is
available to all parties in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties,
and minor corrections presented at
verification, we made certain changes to
Respondents’ margin calculations since
the Preliminary Determination. As a
result of those changes, the Department
is no longer making a negative
determination of sales at less than fair
value. For a discussion of these changes,
11 See Quick Advance’s February 26, 2015,
Memorandum to the File entitled, ‘‘Verification of
the Sales Response of Quick Advance, Inc. and Ko’s
Nail, Inc. in the Investigation of Nails from Taiwan’’
(Quick Advance’s sales verification memo); PT’s
February 26, 2015, Memorandum to the File
entitled, ‘‘Verification of the Sales Response of PT
Enterprises, Inc. and Proteam Coil Nail Enterprises.
Inc. in the Investigation of Nails from Taiwan’’
(PT’s sales verification memo); Memorandum from
Gina K. Lee to Neal M. Halper entitled,
‘‘Verification of the Cost Response of Quick
Advance Inc. and Ko Nail Inc. in the Antidumping
Duty Investigation of Certain Steel Nails from
Taiwan, dated March 18, 2015 (Ko’s Cost
Verification Report); and also see Memorandum
from Laurens Van Houten to Neal M. Halper
entitled, ‘‘Verification of the Cost Response of PT
Enterprise Inc. in the Antidumping Duty
Investigation of Certain Steel Nails from Taiwan,’’
dated March 19, 2015 (PT’s Cost Verification
Report).
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see the Issues and Decision
Memorandum.
For Quick Advance:
• We used an updated sales and cost
database submitted by Quick Advance
which reflects minor corrections and
findings from the sales and cost
verifications.
• We revised the programing
language to reflect the changes to
constructed value (CV).
• We revised the calculation of CV.
• We added in lines of code to take
into account quantity adjustments.
• We added credit expenses and
inventory carrying cost incurred in
Taiwan to account for expenses reported
in Taiwanese dollars.
• We made changes to Quick
Advance’s reported cost data as set forth
in the Quick Advance’s Final Cost
Memo.
For PT:
• We used updated sale database by
PT which reflect minor corrections
presented during the verification of
these companies.
• We revised the programing
language to reflect the changes to CV.
• We revised the calculation of CV.
• We added in lines of code to take
into account quantity adjustments.
• We made changes to PT’s reported
cost data as set forth in the PT’s Final
Cost Memo.
Final Determination
The Department determines that the
following weighted-average dumping
margins exist for the period April 1,
2013, through March 31, 2014:
Exporter or producer
Weighted-average
dumping margin
(percent)
Quick Advance Inc .........
PT Enterprises Inc ..........
All Others ........................
0.00
2.24
2.24
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All Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘all others’’
rate shall be 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 de minimis margins, and any
margins determined entirely under
section 776 of the Act. The weightedaverage margin for exporters and
producers individually investigated that
meets these criteria is that of PT.
Therefore, the All-Others rate is the rate
calculated for PT, as indicated in the
‘‘Final Determination Margins’’ section
above.
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Disclosure
We will disclose to parties in this
proceeding the calculations performed
for this final determination within five
days of the date of public
announcement of our final
determination, in accordance with 19
CFR 351.224(b).
Suspension of Liquidation
Pursuant to sections 735(c)(1)(B) and
(C) of the Act, the Department will
instruct U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all entries of certain steel nails from
Taiwan, except for those from Quick
Advance, which are entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final determination.
For Quick Advance and Ko, because
their estimated weighted-average final
dumping margins are zero, we are not
directing CBP to suspend liquidation of
entries of nails produced and exported
by these companies. We will not
instruct CBP to suspend liquidation of
any entries of certain steel nails from as
described in the ‘‘Scope of the
Investigation’’ in Appendix I which are
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice. We will
instruct CBP to require a cash deposit
equal to the weighted-average amount
by which normal value exceeds U.S.
price, as follows: (1) The rate for PT will
be the rate we determined in this final
determination; (2) if the exporter is not
a firm identified in this investigation
but the producer is, the rate will be the
rate established for the producer of the
subject merchandise; (3) the rate for all
other producers or exporters will be
2.24 percent. These suspension of
liquidation instructions will remain in
effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
our final determination. As our final
determination is affirmative, in
accordance with section 735(b)(3) of the
Act, the ITC will determine within 75
days whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports or sales (or the
likelihood of sales) for importation of
the subject merchandise. If the ITC
determines that such injury exists, the
Department will issue an antidumping
duty order directing CBP to assess, upon
further instruction by the Department,
antidumping duties on all imports of the
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28961
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Return or Destruction of Proprietary
Information
This notice will serve as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the 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
We are issuing and publishing this
determination and notice in accordance
with sections 735(d) and 777(i) of the
Act.
Dated: May 13, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is certain steel nails having a
nominal shaft length not exceeding 12
inches.12 Certain steel nails include, but are
not limited to, nails made from round wire
and nails that are cut from flat-rolled steel.
Certain steel nails may be of one piece
construction or constructed of two or more
pieces. Certain steel nails may be produced
from any type of steel, and may have any
type of surface finish, head type, shank, point
type and shaft diameter. Finishes include,
but are not limited to, coating in vinyl, zinc
(galvanized, including but not limited to
electroplating or hot dipping one or more
times), phosphate, cement, and paint. Certain
steel nails may have one or more surface
finishes. Head styles include, but are not
limited to, flat, projection, cupped, oval,
brad, headless, double, countersunk, and
sinker. Shank styles include, but are not
limited to, smooth, barbed, screw threaded,
ring shank and fluted. Screw-threaded nails
subject to this proceeding are driven using
direct force and not by turning the nail using
a tool that engages with the head. Point styles
include, but are not limited to, diamond,
needle, chisel and blunt or no point. Certain
steel nails may be sold in bulk, or they may
be collated in any manner using any material.
Excluded from the scope of this
investigation are certain steel nails packaged
in combination with one or more non-subject
articles, if the total number of nails of all
12 The shaft length of certain steel nails with flat
heads or parallel shoulders under the head shall be
measured from under the head or shoulder to the
tip of the point. The shaft length of all other certain
steel nails shall be measured overall.
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types, in aggregate regardless of size, is less
than 25. If packaged in combination with one
or more non-subject articles, certain steel
nails remain subject merchandise if the total
number of nails of all types, in aggregate
regardless of size, is equal to or greater than
25, unless otherwise excluded based on the
other exclusions below.
Also excluded from the scope are certain
steel nails with a nominal shaft length of one
inch or less that are (a) a component of an
unassembled article, (b) the total number of
nails is sixty (60) or less, and (c) the imported
unassembled article falls into one of the
following eight groupings: (1) Builders’
joinery and carpentry of wood that are
classifiable as windows, French-windows
and their frames; (2) builders’ joinery and
carpentry of wood that are classifiable as
doors and their frames and thresholds; (3)
swivel seats with variable height adjustment;
(4) seats that are convertible into beds (with
the exception of those classifiable as garden
seats or camping equipment); (5) seats of
cane, osier, bamboo or similar materials; (6)
other seats with wooden frames (with the
exception of seats of a kind used for aircraft
or motor vehicles); (7) furniture (other than
seats) of wood (with the exception of i)
medical, surgical, dental or veterinary
furniture; and ii) barbers’ chairs and similar
chairs, having rotating as well as both
reclining and elevating movements); or (8)
furniture (other than seats) of materials other
than wood, metal, or plastics (e.g., furniture
of cane, osier, bamboo or similar materials).
The aforementioned imported unassembled
articles are currently classified under the
following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 4418.10,
4418.20, 9401.30, 9401.40, 9401.51, 9401.59,
9401.61, 9401.69, 9403.30, 9403.40, 9403.50,
9403.60, 9403.81 or 9403.89.
Also excluded from the scope of this
investigation are steel nails that meet the
specifications of Type I, Style 20 nails as
identified in Tables 29 through 33 of ASTM
Standard F1667 (2013 revision).
Also excluded from the scope of this
investigation are nails suitable for use in
powder-actuated hand tools, whether or not
threaded, which are currently classified
under HTSUS subheadings 7317.00.20.00
and 7317.00.30.00.
Also excluded from the scope of this
investigation are nails having a case hardness
greater than or equal to 50 on the Rockwell
Hardness C scale (HRC), a carbon content
greater than or equal to 0.5 percent, a round
head, a secondary reduced-diameter raised
head section, a centered shank, and a smooth
symmetrical point, suitable for use in gasactuated hand tools.
Also excluded from the scope of this
investigation are corrugated nails. A
corrugated nail is made up of a small strip
of corrugated steel with sharp points on one
side.
Also excluded from the scope of this
investigation are thumb tacks, which are
currently classified under HTSUS
subheading 7317.00.10.00.
Certain steel nails subject to this
investigation are currently classified under
HTSUS subheadings 7317.00.55.02,
7317.00.55.03, 7317.00.55.05, 7317.00.55.07,
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23:50 May 19, 2015
Jkt 235001
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 investigation also may be classified
under HTSUS subheading 8206.00.00.00 or
other HTSUS subheadings.
While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
Case Issues:
I. Summary
II. General Issues
III. Background
IV. Scope of the Investigation
V. Scope Comments
VI. Discussion of the Issues
VII. Conclusion
General Issues
Comment 1: Taiwan Nails CV Profit and the
Use of Financial Statements
Comment 2: The Department Should Rely on
the Average-to-Average Methodology
without Zeroing in the Final Determination
Comment 3: The Department Should
Determine that Quick Advance and PT are
Affiliated with Their Respective Largest
U.S. Customers
Comment 4: Whether a Middleman Dumping
Investigation is Warranted
Comment 5: The Department’s Calculation of
Constructed Value for PT and Quick
Advance
Comment 6: The Department’s Calculation of
Surrogate Credit Expense Ratio
Comment 7: The Department’s Calculation of
Indirect and Direct Selling Expense Ratio
to Categorize Chun Yu’s Works & Co.’s
Selling Expenses
Comment 8: The Department’s Calculation of
Indirect and Direct Selling Expense Ratio
to Properly Account for OFCO’s Selling
Expenses
Comment 9: The Department’s Treatment of
PT’s and Quick Advance’s U.S. Prices for
Commission/Compensation Paid to its
Unaffiliated Taiwanese Selling Agent and
Unaffiliated Taiwanese Trading Company
Issues Pertaining to PT and Proteam
Comment 10: The Department Should Assign
Partial AFA to PT’s Unreported Sales of
Subject Merchandise
Comment 11: Transactions disregarded—
Tolling Activities
Comment 12: Threading Costs
Comment 13: General and Administrative
Expense
Issues Pertaining to Quick Advance and Ko
Comment 14: The Department Should Rely
on Quick Advance/Ko’s Section C Database
Submitted After Verification
Comment 15: Ko’s Raw Materials
Comment 16: Ko’s Phosphate Coating Costs
[FR Doc. 2015–12247 Filed 5–19–15; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–552–819]
Certain Steel Nails From the Socialist
Republic of Vietnam: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) has determined that
countervailable subsidies are being
provided to producers and exporters of
certain steel nails (nails) from the
Socialist Republic of Vietnam
(Vietnam). For information on the
estimated countervailing duty rates, see
the ‘‘Suspension of Liquidation’’
section, below.
DATES: Effective Date: May 20, 2015.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin, Thomas Schauer, or
Shane Subler, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6478, (202) 482–0410, and (202)
482–0189, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The petitioner in this investigation is
Mid Continent Steel & Wire, Inc. The
period for which we are measuring
subsidies, or period of investigation, is
January 1, 2013, through December 31,
2013.
Case History
The events that have occurred since
the Department published the
Preliminary Determination on
November 3, 2014,1 are discussed in the
Issues and Decision Memorandum.2 The
Issues and Decision Memorandum is a
public document and is on file
1 Certain Steel Nails From the Socialist Republic
of Vietnam: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final
Countervailing Duty Determination With Final
Antidumping Duty Determination, 79 FR 65184
(November 3, 2014) (Preliminary Determination)
and accompanying Memorandum, ‘‘Decision
Memorandum for the Preliminary Determination in
the Countervailing Duty Investigation of Certain
Steel Nails from the Socialist Republic of Vietnam’’
(Preliminary Decision Memorandum).
2 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations from James
Maeder, Office Director, Office I, ‘‘Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Certain Steel
Nails from the Socialist Republic of Vietnam’’ dated
concurrently with this notice (Issues and Decision
Memorandum).
E:\FR\FM\20MYN1.SGM
20MYN1
]]>Agencies
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 28959-28962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12247]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-854]
Certain Steel Nails From Taiwan: Final Determination of Sales at
Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
imports of certain steel nails from Taiwan are being sold in the United
States at less than fair value (LTFV), as provided in section 735 of
the Tariff Act
[[Page 28960]]
of 1930, as amended (the Act). The final weighted-average dumping
margins of sales at LTFV are listed below in the section entitled
``Final Determination Margins.''
DATES: Effective Date: May 20, 2015.
FOR FURTHER INFORMATION CONTACT: Victoria Cho or Scott Hoefke, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5075 or (202) 482-4947.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2014, the Department published in the Federal
Register the preliminary determination in the LTFV investigation of
Certain Steel Nails from Taiwan.\1\ In the Preliminary Determination,
we postponed the final determination until no later than 135 days after
the publication of the Preliminary Determination in accordance with
section 735(a)(2)(B) of the Act and 19 CFR 351.210(b)(2)(i) and invited
parties to comment on our Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Certain Steel Nails From Taiwan: Negative Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 79 FR 78053, 78054 (December 29, 2014)
(Preliminary Determination).
---------------------------------------------------------------------------
On the same day, we received timely-filed allegations from
Respondents \2\ that the Department made ministerial errors in
calculating their dumping margins in this proceeding.\3\ Also on
December 29, 2014, we received allegations from Petitioner \4\ that the
Department made significant ministerial errors in calculating the
dumping margins for the Preliminary Determination.\5\ In addition,
Petitioner requested a disclosure meeting.\6\ Subsequently, Respondents
also requested to attend the disclosure meeting.\7\ On January 7, 2015,
the Department held disclosure meetings with both parties.\8\
---------------------------------------------------------------------------
\2\ The mandatory respondents are PT Enterprise, Inc. (PT) and
its affiliated manufacturer, Pro-Team Coil Nail Enterprise, Inc.
(Proteam); and Quick Advance, Inc. (Quick Advance) and its
affiliated manufacturer, Ko's Nail, Inc. (Ko) (collectively,
Respondents).
\3\ See Letter from Respondents, regarding ``PT Enterprise and
Quick Advance, Request to Correct Clerical Errors in Preliminary
Determination; Antidumping Duty Investigation of Certain Steel Nails
from Taiwan,'' dated December 29, 2014 (Respondents Allegations
Letter).
\4\ The petitioner is Mid Continent Steel & Wire, Inc.
(Petitioner).
\5\ See Letter from Petitioner, regarding ``Certain Steel Nails
from Taiwan: Allegations of Significant Ministerial Error and
Request for Disclosure Meeting,'' dated December 29, 2014
(Petitioner Allegations Letter).
\6\ Id.
\7\ See Letter from Respondents, regarding ``PT Enterprise and
Quick Advance, Request to Attend Disclosure Meeting; Antidumping
Duty Investigation of Certain Steel Nails from Taiwan,'' dated
January 6, 2014.
\8\ See Memoranda to the file from Scott Hoefke, ``Certain Steel
Nails from Taiwan,'' regarding ex parte disclosure meetings with
Petitioner and Respondents, dated January 8, 2014.
---------------------------------------------------------------------------
Between January 26, 2015, and February 6, 2015, the Department
conducted verifications in Taiwan of the sales and cost information
submitted by Quick Advance, Ko, PT and Proteam. In accordance with 19
CFR 351.309(c)(1)(i), we invited parties to comment on our Preliminary
Determination. On March 30, 2015, the Department released its
Ministerial Error Allegation Memo.\9\ On March 31, 2015, Petitioner and
Respondents submitted case briefs. Each of these parties submitted
rebuttal briefs on April 9, 2015.
---------------------------------------------------------------------------
\9\ See the Department's March 20, 2015, Memorandum to Christian
Marsh entitled, ``Ministerial Error Allegations in the Preliminary
Determination of the Antidumping Duty Investigation of Certain Steel
Nails from Taiwan,'' (Ministerial Error Allegation Memo).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is April 1, 2013, through March 31,
2014.
Scope of the Investigation
The product covered by this investigation is certain steel nails
from Taiwan. For a full description of the scope of the investigation,
see Appendix I to this notice.
Since the Preliminary Determination, several interested parties
(i.e., IKEA Supply AG, The Home Depot, Target Corporation, and
Petitioner) commented on the scope of these investigations. The
Department reviewed these comments and made certain changes. For
further discussion, see the Issues and Decision Memorandum.\10\ The
scope in Appendix I reflects all modifications to the scope made by the
Department for this final determination.
---------------------------------------------------------------------------
\10\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Abdelali Elouaradia, Office Director, Office VI, Enforcement and
Compliance Operations, ``Issues and Decision Memorandum for the
Affirmative Final Determination in the Less than Fair Value
Investigation of Certain Nails from Taiwan,'' dated concurrently
with this determination and hereby adopted by this notice.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, in January 2015 through
February 2015, we conducted verification of the sales and cost
information submitted by PT Enterprises, Inc. (PT) and its affiliated
producer Pro-Team Coil Nail Enterprise, Inc. (Proteam), and Quick
Advance, Inc. (Quick Advance) and its affiliated producer Ko's Nail,
Inc. (Ko) for use in our final determination. We used standard
verification procedures including an examination of relevant accounting
and production records, and original source documents provided by PT
and its affiliate, Proteam, and Quick Advance and its affiliate,
Ko.\11\
---------------------------------------------------------------------------
\11\ See Quick Advance's February 26, 2015, Memorandum to the
File entitled, ``Verification of the Sales Response of Quick
Advance, Inc. and Ko's Nail, Inc. in the Investigation of Nails from
Taiwan'' (Quick Advance's sales verification memo); PT's February
26, 2015, Memorandum to the File entitled, ``Verification of the
Sales Response of PT Enterprises, Inc. and Proteam Coil Nail
Enterprises. Inc. in the Investigation of Nails from Taiwan'' (PT's
sales verification memo); Memorandum from Gina K. Lee to Neal M.
Halper entitled, ``Verification of the Cost Response of Quick
Advance Inc. and Ko Nail Inc. in the Antidumping Duty Investigation
of Certain Steel Nails from Taiwan, dated March 18, 2015 (Ko's Cost
Verification Report); and also see Memorandum from Laurens Van
Houten to Neal M. Halper entitled, ``Verification of the Cost
Response of PT Enterprise Inc. in the Antidumping Duty Investigation
of Certain Steel Nails from Taiwan,'' dated March 19, 2015 (PT's
Cost Verification Report).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum.
A list of the issues raised is attached to this notice as Appendix II.
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; the
memorandum is available to all parties in the Central Records Unit,
room 7046 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, and minor corrections presented at verification, we made
certain changes to Respondents' margin calculations since the
Preliminary Determination. As a result of those changes, the Department
is no longer making a negative determination of sales at less than fair
value. For a discussion of these changes,
[[Page 28961]]
see the Issues and Decision Memorandum.
For Quick Advance:
We used an updated sales and cost database submitted by
Quick Advance which reflects minor corrections and findings from the
sales and cost verifications.
We revised the programing language to reflect the changes
to constructed value (CV).
We revised the calculation of CV.
We added in lines of code to take into account quantity
adjustments.
We added credit expenses and inventory carrying cost
incurred in Taiwan to account for expenses reported in Taiwanese
dollars.
We made changes to Quick Advance's reported cost data as
set forth in the Quick Advance's Final Cost Memo.
For PT:
We used updated sale database by PT which reflect minor
corrections presented during the verification of these companies.
We revised the programing language to reflect the changes
to CV.
We revised the calculation of CV.
We added in lines of code to take into account quantity
adjustments.
We made changes to PT's reported cost data as set forth in
the PT's Final Cost Memo.
Final Determination
The Department determines that the following weighted-average
dumping margins exist for the period April 1, 2013, through March 31,
2014:
------------------------------------------------------------------------
Weighted-average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
Quick Advance Inc.................................... 0.00
PT Enterprises Inc................................... 2.24
All Others........................................... 2.24
------------------------------------------------------------------------
All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be 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 de
minimis margins, and any margins determined entirely under section 776
of the Act. The weighted-average margin for exporters and producers
individually investigated that meets these criteria is that of PT.
Therefore, the All-Others rate is the rate calculated for PT, as
indicated in the ``Final Determination Margins'' section above.
Disclosure
We will disclose to parties in this proceeding the calculations
performed for this final determination within five days of the date of
public announcement of our final determination, in accordance with 19
CFR 351.224(b).
Suspension of Liquidation
Pursuant to sections 735(c)(1)(B) and (C) of the Act, the
Department will instruct U.S. Customs and Border Protection (CBP) to
suspend liquidation of all entries of certain steel nails from Taiwan,
except for those from Quick Advance, which are entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final determination. For Quick Advance and Ko, because their
estimated weighted-average final dumping margins are zero, we are not
directing CBP to suspend liquidation of entries of nails produced and
exported by these companies. We will not instruct CBP to suspend
liquidation of any entries of certain steel nails from as described in
the ``Scope of the Investigation'' in Appendix I which are entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice. We will instruct CBP to require a cash
deposit equal to the weighted-average amount by which normal value
exceeds U.S. price, as follows: (1) The rate for PT will be the rate we
determined in this final determination; (2) if the exporter is not a
firm identified in this investigation but the producer is, the rate
will be the rate established for the producer of the subject
merchandise; (3) the rate for all other producers or exporters will be
2.24 percent. These suspension of liquidation instructions will remain
in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our final determination.
As our final determination is affirmative, in accordance with section
735(b)(3) of the Act, the ITC will determine within 75 days whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of the subject merchandise. If the
ITC determines that such injury exists, the Department will issue an
antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Return or Destruction of Proprietary Information
This notice will serve as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the 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
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act.
Dated: May 13, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is certain steel
nails having a nominal shaft length not exceeding 12 inches.\12\
Certain steel nails include, but are not limited to, nails made from
round wire and nails that are cut from flat-rolled steel. Certain
steel nails may be of one piece construction or constructed of two
or more pieces. Certain steel nails may be produced from any type of
steel, and may have any type of surface finish, head type, shank,
point type and shaft diameter. Finishes include, but are not limited
to, coating in vinyl, zinc (galvanized, including but not limited to
electroplating or hot dipping one or more times), phosphate, cement,
and paint. Certain steel nails may have one or more surface
finishes. Head styles include, but are not limited to, flat,
projection, cupped, oval, brad, headless, double, countersunk, and
sinker. Shank styles include, but are not limited to, smooth,
barbed, screw threaded, ring shank and fluted. Screw-threaded nails
subject to this proceeding are driven using direct force and not by
turning the nail using a tool that engages with the head. Point
styles include, but are not limited to, diamond, needle, chisel and
blunt or no point. Certain steel nails may be sold in bulk, or they
may be collated in any manner using any material.
---------------------------------------------------------------------------
\12\ The shaft length of certain steel nails with flat heads or
parallel shoulders under the head shall be measured from under the
head or shoulder to the tip of the point. The shaft length of all
other certain steel nails shall be measured overall.
---------------------------------------------------------------------------
Excluded from the scope of this investigation are certain steel
nails packaged in combination with one or more non-subject articles,
if the total number of nails of all
[[Page 28962]]
types, in aggregate regardless of size, is less than 25. If packaged
in combination with one or more non-subject articles, certain steel
nails remain subject merchandise if the total number of nails of all
types, in aggregate regardless of size, is equal to or greater than
25, unless otherwise excluded based on the other exclusions below.
Also excluded from the scope are certain steel nails with a
nominal shaft length of one inch or less that are (a) a component of
an unassembled article, (b) the total number of nails is sixty (60)
or less, and (c) the imported unassembled article falls into one of
the following eight groupings: (1) Builders' joinery and carpentry
of wood that are classifiable as windows, French-windows and their
frames; (2) builders' joinery and carpentry of wood that are
classifiable as doors and their frames and thresholds; (3) swivel
seats with variable height adjustment; (4) seats that are
convertible into beds (with the exception of those classifiable as
garden seats or camping equipment); (5) seats of cane, osier, bamboo
or similar materials; (6) other seats with wooden frames (with the
exception of seats of a kind used for aircraft or motor vehicles);
(7) furniture (other than seats) of wood (with the exception of i)
medical, surgical, dental or veterinary furniture; and ii) barbers'
chairs and similar chairs, having rotating as well as both reclining
and elevating movements); or (8) furniture (other than seats) of
materials other than wood, metal, or plastics (e.g., furniture of
cane, osier, bamboo or similar materials). The aforementioned
imported unassembled articles are currently classified under the
following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59,
9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or
9403.89.
Also excluded from the scope of this investigation are steel
nails that meet the specifications of Type I, Style 20 nails as
identified in Tables 29 through 33 of ASTM Standard F1667 (2013
revision).
Also excluded from the scope of this investigation are nails
suitable for use in powder-actuated hand tools, whether or not
threaded, which are currently classified under HTSUS subheadings
7317.00.20.00 and 7317.00.30.00.
Also excluded from the scope of this investigation are nails
having a case hardness greater than or equal to 50 on the Rockwell
Hardness C scale (HRC), a carbon content greater than or equal to
0.5 percent, a round head, a secondary reduced-diameter raised head
section, a centered shank, and a smooth symmetrical point, suitable
for use in gas-actuated hand tools.
Also excluded from the scope of this investigation are
corrugated nails. A corrugated nail is made up of a small strip of
corrugated steel with sharp points on one side.
Also excluded from the scope of this investigation are thumb
tacks, which are currently classified under HTSUS subheading
7317.00.10.00.
Certain steel nails subject to this investigation are currently
classified under 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 investigation
also may be classified under HTSUS subheading 8206.00.00.00 or other
HTSUS subheadings.
While the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
Case Issues:
I. Summary
II. General Issues
III. Background
IV. Scope of the Investigation
V. Scope Comments
VI. Discussion of the Issues
VII. Conclusion
General Issues
Comment 1: Taiwan Nails CV Profit and the Use of Financial
Statements
Comment 2: The Department Should Rely on the Average-to-Average
Methodology without Zeroing in the Final Determination
Comment 3: The Department Should Determine that Quick Advance and PT
are Affiliated with Their Respective Largest U.S. Customers
Comment 4: Whether a Middleman Dumping Investigation is Warranted
Comment 5: The Department's Calculation of Constructed Value for PT
and Quick Advance
Comment 6: The Department's Calculation of Surrogate Credit Expense
Ratio
Comment 7: The Department's Calculation of Indirect and Direct
Selling Expense Ratio to Categorize Chun Yu's Works & Co.'s Selling
Expenses
Comment 8: The Department's Calculation of Indirect and Direct
Selling Expense Ratio to Properly Account for OFCO's Selling
Expenses
Comment 9: The Department's Treatment of PT's and Quick Advance's
U.S. Prices for Commission/Compensation Paid to its Unaffiliated
Taiwanese Selling Agent and Unaffiliated Taiwanese Trading Company
Issues Pertaining to PT and Proteam
Comment 10: The Department Should Assign Partial AFA to PT's
Unreported Sales of Subject Merchandise
Comment 11: Transactions disregarded--Tolling Activities
Comment 12: Threading Costs
Comment 13: General and Administrative Expense
Issues Pertaining to Quick Advance and Ko
Comment 14: The Department Should Rely on Quick Advance/Ko's Section
C Database Submitted After Verification
Comment 15: Ko's Raw Materials
Comment 16: Ko's Phosphate Coating Costs
[FR Doc. 2015-12247 Filed 5-19-15; 8:45 am]
BILLING CODE 3510-DS-P
