Certain Steel Nails From Taiwan: Preliminary Negative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination, 65181-65182 [2014-26072]

Download as PDF 65181 Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices Appendix 2 List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Alignment 4. Scope Comments 5. Scope of the Investigation 6. Respondent Selection 7. Injury Test 8. Subsidies Valuation 9. Analysis of Programs 10. Calculation of the All Others Rate 11. ITC Notification 12. Disclosure and Public Comment 13. Verification 14. Conclusion [FR Doc. 2014–26073 Filed 10–31–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–583–855] Certain Steel Nails From Taiwan: Preliminary Negative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that de minimis countervailable subsidies are being provided to producers and exporters of certain steel nails (nails) from Taiwan. The period of investigation is January 1, 2013, through December 31, 2013. Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Effective Date: November 3, 2014. mstockstill on DSK4VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Joshua Morris or Austin Redington, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1779 and (202) 482–1664, respectively. SUPPLEMENTARY INFORMATION: On June 25, 2014, we initiated this countervailing duty (CVD) investigation.1 On the same day, we also initiated an antidumping (AD) 1 See Certain Steel Nails From India, the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam, 79 FR 36014 (June 25, 2014). VerDate Sep<11>2014 17:37 Oct 31, 2014 Jkt 235001 investigation of nails from Taiwan.2 On August 7, 2014, in response to a request from the Petitioner, Mid Continent Steel & Wire, Inc., we postponed the preliminary determinations in the CVD investigations. Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination On October 21, 2014, consistent with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), alignment of the final determination in this CVD investigation with the final determination in the AD investigation of nails from Taiwan was requested by Petitioner. Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the final CVD determination with the final AD determination. Consequently, we intend to issue the final CVD determination on the same date as the final AD determination, which is currently scheduled to be issued no later than March 2, 2015, unless postponed. Scope of the Investigation The products covered by this investigation are nails. For a complete description of the scope of the investigation, see Appendix 1 to this notice. Methodology We are conducting this CVD investigation in accordance with section 701 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.3 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 (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov, and 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 Preliminary Decision Memorandum can be accessed directly on the Internet at 2 See Certain Steel Nails From India, the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 79 FR 36019 (June 25, 2014). 3 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Certain Steel Nails from Taiwan’’ dated concurrently with this notice (Preliminary Decision Memorandum). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 http://enforcement.trade.gov/frn/ index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. We calculated a CVD rate for each individually investigated producer/ exporter of the subject merchandise. Consistent with section 703(b)(4)(A) of the Act, we have disregarded de minimis rates and preliminarily determine that no countervailable subsides are being provided to the production or exportation of the subject merchandise in Taiwan. Consistent with section 703(d) of the Act, we have not calculated an all-others rate because we have not reached an affirmative preliminarily determination. Preliminary Determination and Suspension of Liquidation We preliminarily determine the countervailable subsidy rates to be: Company Subsidy rate PT Enterprise, Inc. ........... 0.03 percent (de minimis). Zero. Quick Advance, Inc. ......... Because we preliminarily determine that the CVD rates in this investigation are zero or de minimis, we will not direct U.S. Customs and Border Protection to suspend liquidation of entries of subject merchandise. Disclosure and Public Comment We intend to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of public announcement of the preliminary determination.4 Interested parties may submit case and rebuttal briefs,5 and request a hearing.6 For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum. This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act. Dated: October 27, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix 1 Scope of the Investigation The merchandise covered by this investigation is certain steel nails having a nominal shaft length not exceeding 12 4 See 19 CFR 351.224(b). 19 CFR 351.309(c) and (d). 6 See 19 CFR 351.510. 5 See E:\FR\FM\03NON1.SGM 03NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 65182 Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices inches.7 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. 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. 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. 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 Harmonized Tariff Schedule of the United States 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 7317.00.10.00. Certain steel nails subject to this investigation are currently classified under 7 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. VerDate Sep<11>2014 17:37 Oct 31, 2014 Jkt 235001 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. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix 2 List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination IV. Scope Comments V. Scope of the Investigation VI. Injury Test VII. Subsidies Valuation VIII. Analysis of Programs IX. United States International Trade Commission (ITC) Notification X. Disclosure and Public Comment XI. Verification XII. Conclusion [FR Doc. 2014–26072 Filed 10–31–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–937] Citric Acid and Certain Citrate Salts From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2012–2013 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On April 28, 2014, the Department of Commerce (‘‘the Department’’) published its Preliminary Results of the 2012–2013 administrative review of the antidumping duty order on citric acid and certain citrate salts from the People’s Republic of China (PRC).1 The period of review (‘‘POR’’) for the administrative review is May 1, 2012, through April 30, 2013. This POR covers two producers/exporters of subject merchandise: (1) Yixing-Union Biochemical Co., Ltd. (‘‘Yixing’’); and (2) Laiwu Taihe Biochemistry Co., Ltd. (‘‘Taihe’’). We invited interested parties to comment on our Preliminary Results. AGENCY: 1 See Citric Acid and Certain Citrate Salts From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2012– 2013, 79 FR 23322 (April 28, 2014) (Preliminary Results), and accompanying Preliminary Decision Memorandum. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Based on our analysis of the comments received, we made certain changes to our margin calculations for Taihe. The final dumping margins for this review are listed in the ‘‘Final Results’’ section below. DATES: Effective Date: November 3, 2014. FOR FURTHER INFORMATION CONTACT: Krisha Hill or Maisha Cryor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4037 or (202) 482– 5831, respectively. Background On April 28, 2014, the Department published its Preliminary Results. On May 28, 2014, Petitioners requested a hearing.2 Additionally, on May 28, 2014, Yixing requested an opportunity to participate should a hearing be requested by Petitioners.3 Based on these hearing requests, on September 3, 2014, the Department held a closed hearing limited to issues raised in case briefs and rebuttal briefs. We received case briefs from Yixing, Taihe, and, Archer Daniels Midland Company, Cargill, Incorporated, and Tate & Lyle Ingredients Americas, Inc. (collectively, ‘‘Petitioners’’) on June 4, 2014.4 Additionally, on June 12, 2014, we received rebuttal case briefs from Yixing, Taihe, and Petitioners.5 Taihe resubmitted its rebuttal case brief after redacting certain untimely arguments on June 21, 2014.6 2 See Letter from Petitioners to the Department regarding, ‘‘Citric Acid and Citrate Salts From the People’s Republic of China: Petitioners’ Hearing Request and Request for a Closed Session,’’ dated May 28, 2014. 3 See Letter from Yixing to the Department regarding, ‘‘Hearing Request of Yixing-Union Biochemical Co., Ltd.: Citric Acid and Certain Citrate Salts From the People’s Republic of China,’’ dated May 28, 2014. 4 See Letter from Yixing to the Department regarding, ‘‘Citric Acid and Certain Citrate Salts From the People’s Republic of China (A–570–937)Case Brief of Yixing-Union Biochemical Co., Ltd.,’’ dated June 4, 2014; see also Letter from Taihe to the Department regarding, ‘‘Citric Acid and Citrate Salts From the People’s Republic of China: Case Brief,’’ dated June 4, 2014; see also Letter from Petitioners to the Department regarding, ‘‘Citric Acid and Certain Citrate Salts From The People’s Republic Of China/Petitioners’ Case Brief,’’ dated June 4, 2014. 5 See Letter from Yixing to the Department regarding, ‘‘Citric Acid and Certain Citrate Salts From the People’s Republic of China (A–570–937)Rebuttal Brief of Yixing-Union Biochemical Co., Ltd.,’’ dated June 12, 2014; see also Letter from Petitioners to the Department regarding, ‘‘Citric Acid and Certain Citrate Salts From The People’s Republic Of China/Petitioners’ Rebuttal Brief,’’ dated June 12, 2014. 6 See Letter from Taihe to the Department regarding, ‘‘Citric Acid and Citrate Salts From the E:\FR\FM\03NON1.SGM 03NON1

Agencies

[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65181-65182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26072]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-583-855]


Certain Steel Nails From Taiwan: Preliminary Negative 
Countervailing Duty Determination and Alignment of Final Countervailing 
Duty Determination With Final Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that de minimis countervailable subsidies are being provided 
to producers and exporters of certain steel nails (nails) from Taiwan. 
The period of investigation is January 1, 2013, through December 31, 
2013. Interested parties are invited to comment on this preliminary 
determination.

DATES: Effective Date: November 3, 2014.

FOR FURTHER INFORMATION CONTACT: Joshua Morris or Austin Redington, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1779 and (202) 482-1664, respectively.

SUPPLEMENTARY INFORMATION: On June 25, 2014, we initiated this 
countervailing duty (CVD) investigation.\1\ On the same day, we also 
initiated an antidumping (AD) investigation of nails from Taiwan.\2\ On 
August 7, 2014, in response to a request from the Petitioner, Mid 
Continent Steel & Wire, Inc., we postponed the preliminary 
determinations in the CVD investigations.
---------------------------------------------------------------------------

    \1\ See Certain Steel Nails From India, the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, the Republic of Turkey, and 
the Socialist Republic of Vietnam, 79 FR 36014 (June 25, 2014).
    \2\ See Certain Steel Nails From India, the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, the Republic of Turkey, and 
the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations, 79 FR 36019 (June 25, 2014).
---------------------------------------------------------------------------

Alignment of Final Countervailing Duty Determination With Final 
Antidumping Duty Determination

    On October 21, 2014, consistent with section 705(a)(1) of the 
Tariff Act of 1930, as amended (the Act), alignment of the final 
determination in this CVD investigation with the final determination in 
the AD investigation of nails from Taiwan was requested by Petitioner. 
Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), we are aligning the final CVD determination with the 
final AD determination. Consequently, we intend to issue the final CVD 
determination on the same date as the final AD determination, which is 
currently scheduled to be issued no later than March 2, 2015, unless 
postponed.

Scope of the Investigation

    The products covered by this investigation are nails. For a 
complete description of the scope of the investigation, see Appendix 1 
to this notice.

Methodology

    We are conducting this CVD investigation in accordance with section 
701 of the Act. For a full description of the methodology underlying 
our preliminary conclusions, see the Preliminary Decision 
Memorandum.\3\ 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 (IA ACCESS). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov, and 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 Preliminary Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for the Preliminary Determination in the 
Countervailing Duty Investigation of Certain Steel Nails from 
Taiwan'' dated concurrently with this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

    We calculated a CVD rate for each individually investigated 
producer/exporter of the subject merchandise. Consistent with section 
703(b)(4)(A) of the Act, we have disregarded de minimis rates and 
preliminarily determine that no countervailable subsides are being 
provided to the production or exportation of the subject merchandise in 
Taiwan. Consistent with section 703(d) of the Act, we have not 
calculated an all-others rate because we have not reached an 
affirmative preliminarily determination.

Preliminary Determination and Suspension of Liquidation

    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                Company                            Subsidy rate
------------------------------------------------------------------------
PT Enterprise, Inc.....................  0.03 percent (de minimis).
Quick Advance, Inc.....................  Zero.
------------------------------------------------------------------------

    Because we preliminarily determine that the CVD rates in this 
investigation are zero or de minimis, we will not direct U.S. Customs 
and Border Protection to suspend liquidation of entries of subject 
merchandise.

Disclosure and Public Comment

    We intend to disclose to interested parties the calculations 
performed in connection with this preliminary determination within five 
days of public announcement of the preliminary determination.\4\ 
Interested parties may submit case and rebuttal briefs,\5\ and request 
a hearing.\6\ For a schedule of the deadlines for filing case briefs, 
rebuttal briefs, and hearing requests, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c) and (d).
    \6\ See 19 CFR 351.510.
---------------------------------------------------------------------------

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act.

    Dated: October 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix 1

Scope of the Investigation

    The merchandise covered by this investigation is certain steel 
nails having a nominal shaft length not exceeding 12

[[Page 65182]]

inches.\7\ 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. 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.
---------------------------------------------------------------------------

    \7\ 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 types, in aggregate regardless 
of size, is less than 25.
    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 Harmonized Tariff 
Schedule of the United States 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 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.
    While the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of this 
investigation is dispositive.

Appendix 2

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Alignment of Final Countervailing Duty Determination with Final 
Antidumping Duty Determination
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. United States International Trade Commission (ITC) Notification
X. Disclosure and Public Comment
XI. Verification
XII. Conclusion
[FR Doc. 2014-26072 Filed 10-31-14; 8:45 am]
BILLING CODE 3510-DS-P