Certain Steel Nails From the Socialist Republic of Vietnam: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination and Extension of Provisional Measures, 78058-78061 [2014-30431]

Download as PDF 78058 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices A. Legal Standard B. Inmax C. Region International XI. Discussion of Methodology A. Fair Value Comparisons B. Product Comparisons C. Determination of Comparison Method D. Export Price E. Normal Value F. Date of Sale G. Currency Conversion XII. Disclosure and Public Comment XIII. Verification XIV. Conclusion 25, 2014.1 Pursuant to section 733(c)(1)(A) of the Act, the Department postponed this preliminary LTFV determination 42 days until December 17, 2014.2 Scope of the Investigation The products covered by this investigation are certain steel nails from Vietnam. For a complete description of the scope of the investigation, see Appendix I to this notice. [FR Doc. 2014–30434 Filed 12–24–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–818] Certain Steel Nails From the Socialist Republic of Vietnam: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: December 29, 2014. SUMMARY: The Department of Commerce (the Department) preliminarily determines that certain steel nails from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value, as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation is October 1, 2013, through March 31, 2014. The estimated weighted-average dumping margins are shown in the ‘‘Preliminary Determination’’ section of this notice. Interested parties are invited to comment on this preliminary determination. The Department intends to issue the final determination 135 days after publication of this preliminary determination in the Federal Register. FOR FURTHER INFORMATION CONTACT: Edythe Artman or Dena Crossland, 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) 482–3931 and (202) 482–3362, respectively. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: Background The Department published the notice of initiation of this investigation on June VerDate Sep<11>2014 19:09 Dec 24, 2014 Jkt 235001 Scope Comments Several interested parties (i.e., IKEA Supply AG and IKEA Distributions Services Inc. (collectively IKEA), Target Corporation, and The Home Depot) submitted comments to the Department on the scope of the investigation as it appeared in the Initiation Notice, and Mid Continent Steel & Wire, Inc. (Petitioner) submitted rebuttal comments. For discussion of those comments and rebuttal comments, see the Preliminary Decision Memorandum.3 Methodology The Department conducted this investigation in accordance with section 731 of the Act. We calculated export prices in accordance with section 772 of the Act. Because Vietnam is a nonmarket economy within the meaning of section 771(18) of the Act, we calculated normal value in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.4 The 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: Initiation of Less-Than-Fair-Value Investigations, 79 FR 36019 (June 25, 2014) (Initation Notice). On the same day, the Department initiated a countervailing duty investigation of certain steel nails from Vietnam. 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 Countervailing Duty Investigations, 79 FR 36014 (June 25, 2014). 2 See Certain Steel Nails From the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Postponement of Preliminary Determination of Antidumping Duty Investigations, 79 FR 63082 (October 22, 2014). 3 See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Decision Memorandum for the Preliminary Determination of the Less-Than-Fair-Value Investigation of Certain Steel Nails from the Socialist Republic of Vietnam,’’ dated concurrently with this determination and hereby adopted by this notice. A list of the topics discussed in the Preliminary Decision Memorandum appears in Appendix II, below. 4 Id. PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).5 ACCESS is available to guest and registered users at http:// access.trade.gov and to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, parties can obtain a complete version of the Preliminary Decision Memorandum at http:// trade.gov/enforcement/frn/index.html. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Use of Facts Available For the Vietnam-wide entity, we applied facts otherwise available with an adverse inference, pursuant to section 776(a)(1) and (b) of the Act. For a detailed discussion of this finding, see the Preliminary Decision Memorandum at section ‘‘The Vietnam-wide Entity.’’ For Region Industries Co., Ltd., we applied facts otherwise available, pursuant to section 776(a)(1) of the Act, for factor input information for a toller who performed electroplating on subject merchandise but did not respond to Region Industries’ request for input information. For a detailed discussion of this finding, see the Preliminary Decision Memorandum at section ‘‘Facts Available for Region Industries.’’ Combination Rates In the Initiation Notice, the Department stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.6 Preliminary Determination In accordance with section 733(d)(1)(A)(i) of the Act, the Department calculated estimated weighted-average dumping margins for the individually investigated exporters 5 On November 24, 2014, Enforcement and Compliance changed the name of the Import Administration Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS) Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). The Web site location was changed from http:// iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at: 79 FR 69046 (November 20, 2014). 6 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on the Department’s Web site at http://enforcement.trade.gov/policy/bull051.pdf. E:\FR\FM\29DEN1.SGM 29DEN1 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices and producers of subject merchandise, listed below. The Department preliminarily determines that the following estimated weighted-average dumping margins exist for these individually investigated exporters and 78059 producers exist for the period October 1, 2013, through March 31, 2014: Weightedaverage dumping margin (percentage) Exporter Producer Region International Co., Ltd ..................................................... United Nail Products Co., Ltd ..................................................... Kosteel Vina Limited Company .................................................. Vietnam-Wide Entity * ................................................................. Region Industries Co., Ltd ......................................................... United Nail Products Co., Ltd ..................................................... Kosteel Vina Limited Company .................................................. ..................................................................................................... 103.88 93.42 98.65 323.99 * As detailed in the Preliminary Decision Memorandum, the Vietnam-wide entity includes the following exporters/producers: Cong Ty Tnhh Cong Nghe Nhua A Chau, Kim Tin Group, Megastar Co., Ltd. and Simone Accessories Collection. tkelley on DSK3SPTVN1PROD with NOTICES Verification As provided in section 782(i)(1) of the Act, the Department intends to verify the information submitted by Region International Co., Ltd., and its affiliated producer, Region Industries Co., Ltd. and United Nail Products Co., Ltd. prior to making a final determination in this investigation. Disclosure and Public Comment The Department intends to disclose the calculations performed for this preliminary determination to parties within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance via ACCESS no later than no later than seven days after the date on which the final verification report is issued in this proceeding 7 and rebuttal briefs, limited to issues raised in the case briefs, must be submitted via ACCESS no later than five days after the deadline for filing case briefs.8 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate in a hearing if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance. An electronically filed request must be submitted via ACCESS within 30 days after the date of publication of this notice. Electronically filed case briefs/ written comments and hearing requests must be received successfully in their entirety by the Department’s electronic records system, ACCESS, by 5:00 p.m. 7 See 8 See 19 CFR 351.309(c). 19 CFR 351.309(d). VerDate Sep<11>2014 19:09 Dec 24, 2014 Jkt 235001 Eastern Standard Time. Hearing requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants in the hearing; and (3) a list of the issues to be discussed at the hearing. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing, two days before the scheduled date. All documents submitted to ACCESS must be received successfully in their entirety by no later than 5:00 p.m. Eastern Time on the day in which the document is due. Postponement of Final Determination and Extension of Provisional Measures Pursuant to section 735(a)(2) of the Act, Region Industries Co., Ltd. and United Nail Products Co., Ltd. requested that, in the event of an affirmative preliminary determination in this investigation, the Department postpone its final determination and extend provisional measures from four months to six months.9 Additionally, Region Industries Co., Ltd. and United Nail Products Co., Ltd. agreed to extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a six-month period. Pursuant to requests from Region Industries Co., Ltd. and United Nail Products Co., Ltd. and in accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii) and (e)(2),we will make our final determination no later than 135 days after the publication of this preliminary determination. The suspension of 9 See Letter from Region Industries Co., Ltd. and United Nail Products Co., Ltd., ‘‘Certain Steel Nails from Vietnam; Extension Request for Final Results,’’ dated December 9, 2014. PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 liquidation described below will be extended accordingly. Suspension of Liquidation In accordance with section 733(d)(2) 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 Vietnam, as described in the scope of the investigation in Attachment 1 of this notice, which are entered or withdrawn from warehouse for consumption on or after the date of publication of this notice in the Federal Register. Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we will instruct CBP to require a cash deposit 10 equal to the estimated weighted-average amount by which normal value exceeds U.S. price, adjusted where appropriate for export subsidies 11 and estimated domestic subsidy pass-through,12 as follows: (1) The cash deposit rates for the exporter/producer combinations listed in the table above will be the rate identified for that combination in the table; (2) for all combinations of Vietnamese exporters/producers of merchandise under consideration that have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate established for the Vietnam-wide entity, 323.99 percent; and (3) for all non-Vietnamese exporters 10 See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). 11 See section 772(c)(1)(C) of the Act. Unlike in administrative reviews, the Department calculates the adjustment for export subsidies in investigations not in the margin calculation program, but in the cash deposit instructions issued to CBP. See Notice of Final Determination of Sales at Less Than Fair Value, and Negative Determination of Critical Circumstances: Certain Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and accompanying Issues and Decision Memorandum at Comment 1. 12 See section 777A(f) of the Act. For further discussion, see the Preliminary Decision Memorandum at the section, ‘‘Section 777A(f) of the Act.’’ E:\FR\FM\29DEN1.SGM 29DEN1 78060 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices tkelley on DSK3SPTVN1PROD with NOTICES of merchandise under consideration which have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate applicable to the Vietnamese exporter/ producer combination that supplied that non-Vietnamese exporter. These suspension of liquidation and cash deposit instructions will remain in effect until further notice. Furthermore, as stated above and consistent with our practice, we will instruct CBP to require a cash deposit equal to the amount by which normal value exceeds the export price or constructed export price, less the amount of the countervailing duty rate determined to be attributable to an export subsidy. With regard to Region Industries Co., Ltd., export subsidies constitute 8.34 percent 13 of Region Industries Co., Ltd.’s preliminarily calculated countervailing duty rate in the companion countervailing duty investigation. Therefore, we will offset Region Industries Co., Ltd.’s antidumping duty cash deposit rate by the countervailing duty rate attributable to export subsidies (i.e., 8.34 percent) to calculate its preliminary cash deposit rate for this LTFV investigation. We have not adjusted the preliminary cash deposit rate for United Nail Products Co., Ltd. for export subsidies because the amount of its preliminary calculated countervailing duty rate in the companion countervailing duty investigation attributable to export subsidies is de minimis.14 With respect to the separate rate company which was not individually investigated, we have adjusted its antidumping duty cash deposit rate to account for export subsidies because this company is currently subject to the countervailing duty rate calculated for ‘‘All Others’’ in the preliminary determination of the companion countervailing duty investigation, and we did include export subsidies (i.e., 8.34 percent) in the calculation of that countervailing duty rate.15 Accordingly, we have adjusted the antidumping duty cash deposit rate for the separate rate company. With respect to the Vietnam-wide entity, we find that an export-subsidy adjustment is warranted because an export subsidy amount (i.e., 8.34 percent) was included in a countervailing duty rate to which Vietnam-wide entries are currently 13 See 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), and accompanying Preliminary Decision Memorandum at 20. 14 See id. 15 See id. at 65185. VerDate Sep<11>2014 19:09 Dec 24, 2014 Jkt 235001 subject. Accordingly, we have also adjusted the antidumping duty cash deposit rate for the Vietnam-wide entity. We are not adjusting the preliminary determination rates for estimated domestic subsidy pass-through because we have no basis upon which to make such an adjustment.16 International Trade Commission Notification In accordance with section 733(f) of the Act, we will notify the International Trade Commission (ITC) of our preliminary affirmative determination of sales at less than fair value. Because the preliminary determination in this proceeding is affirmative, section 735(b)(2) of the Act requires that the ITC make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of certain steel nails from Vietnam before the later of 120 days after the date of this preliminary determination or 45 days after our final determination. Because we are postponing the deadline for our final determination to 135 days from the date of the publication of this determination, as described immediately above, the ITC will make its final determination no later than 45 days after our final determination. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: December 17, 2014. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. 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.17 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 16 See Preliminary Decision Memorandum at the section, ‘‘Section 777A(f) of the Act.’’ 17 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. PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 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 (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 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 II List of Topics Discussed in the Preliminary Decision Memorandum 1. Background E:\FR\FM\29DEN1.SGM 29DEN1 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 2. Period of Investigation 3. Scope of Investigation 4. Scope Comments 5. Respondent Selection 6. Discussion of the Methodology a. Non-Market Economy Country b. Separate Rates Determination c. The Vietnam-Wide Entity d. Single-Entity Treatment e. Facts Available f. Surrogate Country g. Surrogate Value Comments h. Combination Rates i. Date of Sale j. Normal Value k. Factor Valuation Methodology l. Comparisons to Normal Value m. Currency Conversion 7. Verification 8. Section 777A(f) of the Act 9. U.S. International Trade Commission Notification 10. Disclosure and Public Comment 11. Conclusion Comments on the DPEA should be addressed to Nathan Keith, NMFS NEFSC Woods Hole Laboratory, 166 Water Street, Woods Hole, MA 02543. The mailbox address for providing email comments is NEFSC.DPEA@noaa.gov. NMFS is not responsible for email comments sent to addresses other than the one provided here. Comments sent via email, including all attachments, must not exceed a 10-megabyte file size. A copy of the DPEA may be obtained by writing to the address specified above, telephoning the contact listed below (see FOR FURTHER INFORMATION CONTACT), or visiting the Internet at: http://nefsc.noaa.gov/dpea.aspx. Documents cited in this notice may also be viewed, by appointment, during regular business hours, at the aforementioned address. ADDRESSES: [FR Doc. 2014–30431 Filed 12–24–14; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–DS–P Nathan Keith, NEFSC, NMFS, (508) 495–2224. DEPARTMENT OF COMMERCE RIN 0648–XD643 Notice of Availability of a Draft Programmatic Environmental Assessment for Fisheries Research Conducted and Funded by the National Marine Fisheries Service, Northeast Fisheries Science Center National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of a Draft Programmatic Environmental Assessment; Request for comments. AGENCY: NMFS announces the availability of the ‘‘Draft Programmatic Environmental Assessment (DPEA) for Fisheries Research Conducted and Funded by the Northeast Fisheries Science Center (NEFSC).’’ Publication of this notice begins the official public comment period for this DPEA. The purpose of the DPEA is to evaluate, in compliance with the National Environmental Policy Act (NEPA), the potential direct, indirect, and cumulative impacts of conducting and funding fisheries and ecosystem research along the U.S. East Coast, including of the Northeast Continental Shelf Large Marine Ecosystem (LME) and the Southeast Continental Shelf Large Marine Ecosystem (LME). DATES: Comments and information must be received no later than January 28, 2015. tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:09 Dec 24, 2014 Jkt 235001 The NEFSC is the research arm of NMFS in the Northeast Region. The NEFSC conducts research and provides scientific advice to manage fisheries and conserve protected species in the Atlantic Ocean from the U.S.-Canada border to Florida. Most NEFSCconducted and funded fisheries research occurs in the Northeast U.S. Continental Shelf LME but also occurs in the Southeast U.S. Continental Shelf LME and adjacent offshore areas. Research is aimed at monitoring fish stock recruitment, survival and biological rates, abundance and geographic distribution of species and stocks, and providing other scientific information needed to improve our understanding of complex marine ecological processes. Primary research activities include: Bottom trawl surveys to support assessments of multiple groundfish and shrimp species as well as the status of benthic habitats, pelagic trawl surveys to assess Atlantic herring and Atlantic salmon stocks, dredge and video camera surveys to assess scallop stocks and habitat recovery, longline and gillnet surveys to research life history parameters and abundance of numerous shark species, and extensive cooperative research projects designed to address current or emerging information needs of the commercial fishing industry such as bycatch reduction efforts and development of new fisheries. Many research activities also include active acoustic systems, plankton nets, and other oceanographic equipment that provide important data on the status and trends of marine ecosystems SUPPLEMENTARY INFORMATION: National Oceanic and Atmospheric Administration PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 78061 important for various fisheries and natural resource management processes. NMFS has prepared the DPEA under NEPA to evaluate several alternatives for conducting and funding fisheries and ecosystem research activities as the primary federal action. Additionally in the DPEA, NMFS evaluates a secondary federal action—also called a ‘‘connected action’’ under 40 CFR 1508.25 of the Council on Environmental Quality’s regulations for implementing the procedural provisions of NEPA (42 U.S.C. 4321 et seq.)—which is the proposed promulgation of regulations and authorization of the take of marine mammals incidental to the fisheries research under the Marine Mammal Protection Act (MMPA). Additionally, because the proposed research activities occur in areas inhabited by species of marine mammals, birds, sea turtles, and fish listed under the Endangered Species Act (ESA) as threatened or endangered, this DPEA evaluates activities that could result in unintentional takes of ESA-listed marine species. The following four alternatives are evaluated in the DPEA: • No-Action/Status Quo Alternative—Conduct Federal Fisheries and Ecosystem Research with Scope and Protocols Similar to Past Effort. • Preferred Alternative—Conduct Federal Fisheries and Ecosystem Research (New Suite of Research) with Mitigation for MMPA and ESA Compliance. • Modified Research Alternative— Conduct Federal Fisheries and Ecosystem Research (New Suite of Research) with Additional Mitigation. • No Research Alternative—No Fieldwork for Federal Fisheries and Ecosystem Research Conducted or Funded by NEFSC. The first three alternatives include a program of fisheries and ecosystem research projects conducted or funded by the NEFSC as the primary federal action. Because this primary action is connected to a secondary federal action to consider authorizing incidental take of marine mammals under the MMPA, NMFS must identify as part of this evaluation ‘‘(t)he means of effecting the least practicable adverse impact on the species or stock and its habitat.’’ (Section 101(a)(5)(A) of the MMPA [16 U.S.C. 1361 et seq.]). NMFS must therefore identify and evaluate a reasonable range of mitigation measures to minimize impacts to marine mammals that occur in NEFSC research areas. These mitigation measures are considered as part of the identified alternatives in order to evaluate their effectiveness to minimize potential E:\FR\FM\29DEN1.SGM 29DEN1

Agencies

[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Notices]
[Pages 78058-78061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30431]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-818]


Certain Steel Nails From the Socialist Republic of Vietnam: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination and Extension of Provisional 
Measures

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

DATES: Effective Date: December 29, 2014.
SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that certain steel nails from the Socialist Republic of 
Vietnam (Vietnam) are being, or are likely to be, sold in the United 
States at less than fair value, as provided in section 733(b) of the 
Tariff Act of 1930, as amended (the Act). The period of investigation 
is October 1, 2013, through March 31, 2014. The estimated weighted-
average dumping margins are shown in the ``Preliminary Determination'' 
section of this notice. Interested parties are invited to comment on 
this preliminary determination. The Department intends to issue the 
final determination 135 days after publication of this preliminary 
determination in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Edythe Artman or Dena Crossland, 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-
3931 and (202) 482-3362, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this 
investigation on June 25, 2014.\1\ Pursuant to section 733(c)(1)(A) of 
the Act, the Department postponed this preliminary LTFV determination 
42 days until December 17, 2014.\2\
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    \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: Initiation of Less-Than-Fair-
Value Investigations, 79 FR 36019 (June 25, 2014) (Initation 
Notice). On the same day, the Department initiated a countervailing 
duty investigation of certain steel nails from Vietnam. 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 Countervailing Duty 
Investigations, 79 FR 36014 (June 25, 2014).
    \2\ See Certain Steel Nails From the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic 
of Vietnam: Postponement of Preliminary Determination of Antidumping 
Duty Investigations, 79 FR 63082 (October 22, 2014).
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Scope of the Investigation

    The products covered by this investigation are certain steel nails 
from Vietnam. For a complete description of the scope of the 
investigation, see Appendix I to this notice.

Scope Comments

    Several interested parties (i.e., IKEA Supply AG and IKEA 
Distributions Services Inc. (collectively IKEA), Target Corporation, 
and The Home Depot) submitted comments to the Department on the scope 
of the investigation as it appeared in the Initiation Notice, and Mid 
Continent Steel & Wire, Inc. (Petitioner) submitted rebuttal comments. 
For discussion of those comments and rebuttal comments, see the 
Preliminary Decision Memorandum.\3\
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    \3\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, ``Decision Memorandum for the Preliminary Determination 
of the Less-Than-Fair-Value Investigation of Certain Steel Nails 
from the Socialist Republic of Vietnam,'' dated concurrently with 
this determination and hereby adopted by this notice. A list of the 
topics discussed in the Preliminary Decision Memorandum appears in 
Appendix II, below.
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Methodology

    The Department conducted this investigation in accordance with 
section 731 of the Act. We calculated export prices in accordance with 
section 772 of the Act. Because Vietnam is a non-market economy within 
the meaning of section 771(18) of the Act, we calculated normal value 
in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.\4\ The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS).\5\ 
ACCESS is available to guest and registered users at http://access.trade.gov and to all parties in the Central Records Unit, room 
7046 of the main Department of Commerce building. In addition, parties 
can obtain a complete version of the Preliminary Decision Memorandum at 
http://trade.gov/enforcement/frn/index.html. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \4\ Id.
    \5\ On November 24, 2014, Enforcement and Compliance changed the 
name of the Import Administration Antidumping and Countervailing 
Duty Centralized Electronic Service System (IA ACCESS) Antidumping 
and Countervailing Duty Centralized Electronic Service System 
(ACCESS). The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule 
changing the references to the Regulations can be found at: 79 FR 
69046 (November 20, 2014).
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Use of Facts Available

    For the Vietnam-wide entity, we applied facts otherwise available 
with an adverse inference, pursuant to section 776(a)(1) and (b) of the 
Act. For a detailed discussion of this finding, see the Preliminary 
Decision Memorandum at section ``The Vietnam-wide Entity.''
    For Region Industries Co., Ltd., we applied facts otherwise 
available, pursuant to section 776(a)(1) of the Act, for factor input 
information for a toller who performed electroplating on subject 
merchandise but did not respond to Region Industries' request for input 
information. For a detailed discussion of this finding, see the 
Preliminary Decision Memorandum at section ``Facts Available for Region 
Industries.''

Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation. Policy Bulletin 05.1 describes 
this practice.\6\
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    \6\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination

    In accordance with section 733(d)(1)(A)(i) of the Act, the 
Department calculated estimated weighted-average dumping margins for 
the individually investigated exporters

[[Page 78059]]

and producers of subject merchandise, listed below. The Department 
preliminarily determines that the following estimated weighted-average 
dumping margins exist for these individually investigated exporters and 
producers exist for the period October 1, 2013, through March 31, 2014:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
             Exporter                     Producer            dumping
                                                              margin
                                                           (percentage)
------------------------------------------------------------------------
Region International Co., Ltd.....  Region Industries             103.88
                                     Co., Ltd.
United Nail Products Co., Ltd.....  United Nail Products           93.42
                                     Co., Ltd.
Kosteel Vina Limited Company......  Kosteel Vina Limited           98.65
                                     Company.
Vietnam-Wide Entity *.............  ....................          323.99
------------------------------------------------------------------------
* As detailed in the Preliminary Decision Memorandum, the Vietnam-wide
  entity includes the following exporters/producers: Cong Ty Tnhh Cong
  Nghe Nhua A Chau, Kim Tin Group, Megastar Co., Ltd. and Simone
  Accessories Collection.

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify the information submitted by Region International Co., Ltd., 
and its affiliated producer, Region Industries Co., Ltd. and United 
Nail Products Co., Ltd. prior to making a final determination in this 
investigation.

Disclosure and Public Comment

    The Department intends to disclose the calculations performed for 
this preliminary determination to parties within five days of the date 
of publication of this notice, in accordance with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance via ACCESS no later 
than no later than seven days after the date on which the final 
verification report is issued in this proceeding \7\ and rebuttal 
briefs, limited to issues raised in the case briefs, must be submitted 
via ACCESS no later than five days after the deadline for filing case 
briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.
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    \7\ See 19 CFR 351.309(c).
    \8\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate in a hearing if one is requested, 
must submit a written request to the Assistant Secretary for 
Enforcement and Compliance. An electronically filed request must be 
submitted via ACCESS within 30 days after the date of publication of 
this notice. Electronically filed case briefs/written comments and 
hearing requests must be received successfully in their entirety by the 
Department's electronic records system, ACCESS, by 5:00 p.m. Eastern 
Standard Time. Hearing requests should contain: (1) The party's name, 
address, and telephone number; (2) the number of participants in the 
hearing; and (3) a list of the issues to be discussed at the hearing. 
If a request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230, at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing, two days before the scheduled date.
    All documents submitted to ACCESS must be received successfully in 
their entirety by no later than 5:00 p.m. Eastern Time on the day in 
which the document is due.

Postponement of Final Determination and Extension of Provisional 
Measures

    Pursuant to section 735(a)(2) of the Act, Region Industries Co., 
Ltd. and United Nail Products Co., Ltd. requested that, in the event of 
an affirmative preliminary determination in this investigation, the 
Department postpone its final determination and extend provisional 
measures from four months to six months.\9\ Additionally, Region 
Industries Co., Ltd. and United Nail Products Co., Ltd. agreed to 
extend the application of the provisional measures prescribed under 
section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month 
period to a six-month period. Pursuant to requests from Region 
Industries Co., Ltd. and United Nail Products Co., Ltd. and in 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii) and (e)(2),we will make our final determination no 
later than 135 days after the publication of this preliminary 
determination. The suspension of liquidation described below will be 
extended accordingly.
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    \9\ See Letter from Region Industries Co., Ltd. and United Nail 
Products Co., Ltd., ``Certain Steel Nails from Vietnam; Extension 
Request for Final Results,'' dated December 9, 2014.
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) 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 Vietnam, as 
described in the scope of the investigation in Attachment 1 of this 
notice, which are entered or withdrawn from warehouse for consumption 
on or after the date of publication of this notice in the Federal 
Register.
    Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we 
will instruct CBP to require a cash deposit \10\ equal to the estimated 
weighted-average amount by which normal value exceeds U.S. price, 
adjusted where appropriate for export subsidies \11\ and estimated 
domestic subsidy pass-through,\12\ as follows: (1) The cash deposit 
rates for the exporter/producer combinations listed in the table above 
will be the rate identified for that combination in the table; (2) for 
all combinations of Vietnamese exporters/producers of merchandise under 
consideration that have not received their own separate rate above, the 
cash-deposit rate will be the cash deposit rate established for the 
Vietnam-wide entity, 323.99 percent; and (3) for all non-Vietnamese 
exporters

[[Page 78060]]

of merchandise under consideration which have not received their own 
separate rate above, the cash-deposit rate will be the cash deposit 
rate applicable to the Vietnamese exporter/producer combination that 
supplied that non-Vietnamese exporter. These suspension of liquidation 
and cash deposit instructions will remain in effect until further 
notice.
---------------------------------------------------------------------------

    \10\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
    \11\ See section 772(c)(1)(C) of the Act. Unlike in 
administrative reviews, the Department calculates the adjustment for 
export subsidies in investigations not in the margin calculation 
program, but in the cash deposit instructions issued to CBP. See 
Notice of Final Determination of Sales at Less Than Fair Value, and 
Negative Determination of Critical Circumstances: Certain Lined 
Paper Products from India, 71 FR 45012 (August 8, 2006), and 
accompanying Issues and Decision Memorandum at Comment 1.
    \12\ See section 777A(f) of the Act. For further discussion, see 
the Preliminary Decision Memorandum at the section, ``Section 
777A(f) of the Act.''
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    Furthermore, as stated above and consistent with our practice, we 
will instruct CBP to require a cash deposit equal to the amount by 
which normal value exceeds the export price or constructed export 
price, less the amount of the countervailing duty rate determined to be 
attributable to an export subsidy. With regard to Region Industries 
Co., Ltd., export subsidies constitute 8.34 percent \13\ of Region 
Industries Co., Ltd.'s preliminarily calculated countervailing duty 
rate in the companion countervailing duty investigation. Therefore, we 
will offset Region Industries Co., Ltd.'s antidumping duty cash deposit 
rate by the countervailing duty rate attributable to export subsidies 
(i.e., 8.34 percent) to calculate its preliminary cash deposit rate for 
this LTFV investigation. We have not adjusted the preliminary cash 
deposit rate for United Nail Products Co., Ltd. for export subsidies 
because the amount of its preliminary calculated countervailing duty 
rate in the companion countervailing duty investigation attributable to 
export subsidies is de minimis.\14\ With respect to the separate rate 
company which was not individually investigated, we have adjusted its 
antidumping duty cash deposit rate to account for export subsidies 
because this company is currently subject to the countervailing duty 
rate calculated for ``All Others'' in the preliminary determination of 
the companion countervailing duty investigation, and we did include 
export subsidies (i.e., 8.34 percent) in the calculation of that 
countervailing duty rate.\15\ Accordingly, we have adjusted the 
antidumping duty cash deposit rate for the separate rate company. With 
respect to the Vietnam-wide entity, we find that an export-subsidy 
adjustment is warranted because an export subsidy amount (i.e., 8.34 
percent) was included in a countervailing duty rate to which Vietnam-
wide entries are currently subject. Accordingly, we have also adjusted 
the antidumping duty cash deposit rate for the Vietnam-wide entity.
---------------------------------------------------------------------------

    \13\ See 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), and 
accompanying Preliminary Decision Memorandum at 20.
    \14\ See id.
    \15\ See id. at 65185.
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    We are not adjusting the preliminary determination rates for 
estimated domestic subsidy pass-through because we have no basis upon 
which to make such an adjustment.\16\
---------------------------------------------------------------------------

    \16\ See Preliminary Decision Memorandum at the section, 
``Section 777A(f) of the Act.''
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we will notify the 
International Trade Commission (ITC) of our preliminary affirmative 
determination of sales at less than fair value. Because the preliminary 
determination in this proceeding is affirmative, section 735(b)(2) of 
the Act requires that the ITC make its final determination as to 
whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports of 
certain steel nails from Vietnam before the later of 120 days after the 
date of this preliminary determination or 45 days after our final 
determination. Because we are postponing the deadline for our final 
determination to 135 days from the date of the publication of this 
determination, as described immediately above, the ITC will make its 
final determination no later than 45 days after our final 
determination.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

     Dated: December 17, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

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.\17\ 
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.
---------------------------------------------------------------------------

    \17\ 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 (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 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 II

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background

[[Page 78061]]

2. Period of Investigation
3. Scope of Investigation
4. Scope Comments
5. Respondent Selection
6. Discussion of the Methodology
    a. Non-Market Economy Country
    b. Separate Rates Determination
    c. The Vietnam-Wide Entity
    d. Single-Entity Treatment
    e. Facts Available
    f. Surrogate Country
    g. Surrogate Value Comments
    h. Combination Rates
    i. Date of Sale
    j. Normal Value
    k. Factor Valuation Methodology
    l. Comparisons to Normal Value
    m. Currency Conversion
7. Verification
8. Section 777A(f) of the Act
9. U.S. International Trade Commission Notification
10. Disclosure and Public Comment
11. Conclusion

[FR Doc. 2014-30431 Filed 12-24-14; 8:45 am]
BILLING CODE 3510-DS-P