Certain Steel Nails From the People's Republic of China: Extension of Time Limit for the Preliminary Results of the Third Antidumping Duty Administrative Review, 19190-19191 [2012-7743]

Download as PDF 19190 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine, consistent with FAG Italia v. United States, 291 F.3d 806 (Fed Cir. 2002), as appropriate, whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period, of the order, if such a gap period is applicable to the period of review. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that the meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). Any party submitting factual information in an antidumping duty or 11 If one of the above-named companies do not qualify for a separate rate, all other exporters of Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam who have not qualified for a separate rate are deemed to be covered by this review as part of the single Vietnam entity of which the named exporters are a part. 12 Pursuant to 19 CFR 351.213(c) the Department received a request to defer the administrative review with respect to Misumi Corporation for one year. The Department did not receive any objections to the deferral within 15 days after the end of the anniversary month. As such, we will initiate the administrative review with respect to Misumi Corporation in the month immediately following the next anniversary month. VerDate Mar<15>2010 19:11 Mar 29, 2012 Jkt 226001 countervailing duty proceeding must certify to the accuracy and completeness of that information. See section 782(b) of the Act. Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in all segments of any antidumping duty or countervailing duty proceedings initiated on or after March 14, 2011. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) (‘‘Interim Final Rule’’), amending 19 CFR 351.303(g)(1) and (2). The formats for the revised certifications are provided at the end of the Interim Final Rule. The Department intends to reject factual submissions in any proceeding segments initiated on or after March 14, 2011 if the submitting party does not comply with the revised certification requirements. These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: March 27, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–7723 Filed 3–29–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Certain Steel Nails From the People’s Republic of China: Extension of Time Limit for the Preliminary Results of the Third Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: March 30, 2012. FOR FURTHER INFORMATION CONTACT: Jamie Blair-Walker, Office 9, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2615. AGENCY: Background On August 1, 2011, the Department of Commerce (‘‘the Department’’) published in the Federal Register a notice of opportunity to request an administrative review of the antidumping order on certain steel nails from the People’s Republic of China PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 (‘‘PRC’’) for the period of review August 1, 2010, through July 31, 2011.1 Based upon requests for review from various parties, on October 3, 2011, the Department initiated the third antidumping duty administrative review on certain steel nails from the PRC, covering 383 companies.2 The preliminary results of review are currently due May 2, 2012. Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘Act’’), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary determination to a maximum of 365 days after the last day of the anniversary month. Extension of Time Limit for Preliminary Results of Review We determine that it is not practicable to complete the preliminary results of this review within the current time limits. The Department requires additional time to analyze recently submitted supplemental questionnaire responses, which contained a significant amount of new sales and factors of production data. The additional time is needed to consider these data and their incorporation into the margin calculations for the individuallyreviewed respondents. Additionally, at parties’ request, the Department extended the deadline for submitting surrogate country and surrogate value data and comments. Therefore, the Department is hereby fully extending the time limits for completion of the preliminary results by 120 days. The preliminary results will now be due no later than August 30, 2012. The final results continue to be due 120 days after the publication of the preliminary results. This notice is published in accordance with section 777(i)(1) of the Act. 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 76 FR 45773 (August 1, 2011). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocations in Part, 76 FR 61076 (October 3, 2011) (‘‘Initiation Notice’’). E:\FR\FM\30MRN1.SGM 30MRN1 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Notices Dated: March 26, 2012. Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. because no other parties received a separate rate in this administrative review, the changes to Shanghai Wells’ margin will not change the current rates of any other parties. [FR Doc. 2012–7743 Filed 3–29–12; 8:45 am] Scope of the Order The merchandise subject to the order is steel wire garment hangers, fabricated from carbon steel wire, whether or not galvanized or painted, whether or not coated with latex or epoxy or similar gripping materials, and/or whether or not fashioned with paper covers or capes (with or without printing) and/or nonslip features such as saddles or tubes. These products may also be referred to by a commercial designation, such as shirt, suit, strut, caped, or latex (industrial) hangers. Specifically excluded from the scope of the order are wooden, plastic, and other garment hangers that are not made of steel wire. Also excluded from the scope of the order are chrome-plated steel wire garment hangers with a diameter of 3.4 mm or greater. The products subject to the order are currently classified under U.S. Harmonized Tariff Schedule (‘‘HTSUS’’) subheadings 7326.20.0020, 7323.99.9060, and 7323.99.9080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–918] Steel Wire Garment Hangers From the People’s Republic of China: Amended Final Results of the Second Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: March 30, 2012. FOR FURTHER INFORMATION CONTACT: Bob Palmer, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0968. SUPPLEMENTARY INFORMATION: AGENCY: Background mstockstill on DSK4VPTVN1PROD with NOTICES On March 1, 2012, the Department of Commerce (‘‘Department’’) published the final results of the second administrative review of the antidumping duty order on steel wire garment hangers (‘‘hangers’’) from the People’s Republic of China (‘‘PRC’’).1 On March 5, 2012, Petitioner 2 filed a timely allegation that the Department made two ministerial errors in the Final Results and requested, pursuant to 19 CFR 351.224, that the Department correct the alleged ministerial errors. No other party in this proceeding submitted comments on the Department’s final margin calculations. Based upon our analysis of the comments and allegations of ministerial errors, we have made changes to the margin calculations for Shanghai Wells Hanger Co., Ltd. (‘‘Shanghai Wells’’).3 Additionally, 1 See Steel Wire Garment Hangers From the People’s Republic of China: Final Results and Final Partial Rescission of Second Antidumping Administrative Review, 77 FR 12553 (March 1, 2012) (‘‘Final Results’’). 2 M&B Metal Products Co., Inc. (‘‘Petitioner’’). 3 In the Final Results, the Department found that that Shanghai Wells, Hong Kong Wells Limited (‘‘HK Wells’’) and Hong Kong Wells Limited (USA) (‘‘USA Wells’’) (collectively, ‘‘Wells Group’’) are affiliated and that Shanghai Wells and HK Wells comprise a single entity. See Final Results, 77 FR at 12554 n. 4. Petitioner’s ministerial error allegations do not challenge, and these amended final results do not affect, that determination. VerDate Mar<15>2010 19:11 Mar 29, 2012 Jkt 226001 Amended Final Results of the Review The Tariff Act of 1930, as amended (‘‘Act’’), defines a ‘‘ministerial error’’ as including ‘‘errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.’’ 4 After analyzing Petitioner’s comments, we have determined that we made certain ministerial errors, as defined by section 751(h) of the Act, in our calculations for the Final Results. First, we agree with Petitioner that we made a ministerial error in the calculation of the surrogate financial ratios of Nasco Steel Pvt., Ltd. (‘‘Nasco’’), which were used in Shanghai Wells’ margin calculation. Specifically, the Department inadvertently excluded Nasco’s commission on sales from selling, general and administrative expenses (SG&A’’) for the calculation of surrogate SG&A ratio calculation, when we instead intended to include Nasco’s commission on sales in the surrogate SG&A ratio calculation. Lastly, we agree 4 See section 751(h) of the Act; see also 19 CFR 351.224(f). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 19191 with Petitioner’s second ministerial error allegation regarding the treatment of the net changes in finished goods inventory in the calculation of Sterling Tools Limited’s (‘‘Sterling’’) surrogate financial ratio calculations. Specifically, the Department inadvertently excluded the net changes in finished goods in the surrogate SG&A and profit ratio calculations for Sterling, when we instead intended to include the net changes in finished goods inventories in Sterling’s SG&A and profit ratios. Additionally, when reviewing the financial ratio calculations for J&K Wire Steel Industries Ltd. (‘‘JK Wire’’), we noted that we made the same inadvertent error in JK Wire’s SG&A and profit ratio calculation.5 For a detailed discussion of these ministerial errors, as well as the Department’s analysis of these errors, see Memorandum to James C. Doyle, from Bob Palmer, regarding ‘‘Second Antidumping Duty Administrative Review of Steel Wire Garment Hangers from the People’s Republic of China: Ministerial Error Memorandum,’’ dated concurrently with this notice (‘‘Ministerial Memo’’). The Ministerial Memo is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). Access to IA ACCESS is available in the Central Records Unit (‘‘CRU’’), Main Commerce Building, Room 7046. In addition, a complete version of the Ministerial Memo can be accessed directly on the Internet at http://www.trade.gov/ia. The paper copy and electronic versions of the Ministerial Memo are identical in content. Therefore, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results of the administrative review of steel wire garment hangers from the PRC. Listed below are the weighted average dumping margins for these amended final results: 5 Petitioner states we made these adjustments to J&K Wire. However, the Department made these adjustments to Bandsidhar Granites Pvt. Ltd. (‘‘Bansidhar’’) and Nasco’s financial ratios. Moreover, consistent with the Department’s practice, we included net changes in traded goods in the SG&A and profit ratios for Bansidhar alone, given that we only make such an adjustment when the information is available and Bansidhar was the only surrogate company with a traded goods line item in its financial statement. E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Notices]
[Pages 19190-19191]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7743]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: 
Extension of Time Limit for the Preliminary Results of the Third 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: March 30, 2012.

FOR FURTHER INFORMATION CONTACT: Jamie Blair-Walker, Office 9, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-2615.

Background

    On August 1, 2011, the Department of Commerce (``the Department'') 
published in the Federal Register a notice of opportunity to request an 
administrative review of the antidumping order on certain steel nails 
from the People's Republic of China (``PRC'') for the period of review 
August 1, 2010, through July 31, 2011.\1\ Based upon requests for 
review from various parties, on October 3, 2011, the Department 
initiated the third antidumping duty administrative review on certain 
steel nails from the PRC, covering 383 companies.\2\ The preliminary 
results of review are currently due May 2, 2012.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 76 FR 45773 (August 1, 2011).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocations in Part, 76 FR 
61076 (October 3, 2011) (``Initiation Notice'').
---------------------------------------------------------------------------

Statutory Time Limits

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended 
(``Act''), requires the Department to make a preliminary determination 
within 245 days after the last day of the anniversary month of an order 
for which a review is requested and a final determination within 120 
days after the date on which the preliminary results are published. 
However, if it is not practicable to complete the review within these 
time periods, section 751(a)(3)(A) of the Act allows the Department to 
extend the time limit for the preliminary determination to a maximum of 
365 days after the last day of the anniversary month.

Extension of Time Limit for Preliminary Results of Review

    We determine that it is not practicable to complete the preliminary 
results of this review within the current time limits. The Department 
requires additional time to analyze recently submitted supplemental 
questionnaire responses, which contained a significant amount of new 
sales and factors of production data. The additional time is needed to 
consider these data and their incorporation into the margin 
calculations for the individually-reviewed respondents. Additionally, 
at parties' request, the Department extended the deadline for 
submitting surrogate country and surrogate value data and comments. 
Therefore, the Department is hereby fully extending the time limits for 
completion of the preliminary results by 120 days. The preliminary 
results will now be due no later than August 30, 2012. The final 
results continue to be due 120 days after the publication of the 
preliminary results.
    This notice is published in accordance with section 777(i)(1) of 
the Act.


[[Page 19191]]


     Dated: March 26, 2012.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2012-7743 Filed 3-29-12; 8:45 am]
BILLING CODE 3510-DS-P