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]
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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:
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AGENCY:
Background
The Department published the notice
of initiation of this investigation on June
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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.
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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 https://
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 https://
trade.gov/enforcement/frn/.
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 https://
iaaccess.trade.gov to https://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 https://enforcement.trade.gov/policy/bull051.pdf.
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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.
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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).
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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.
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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.’’
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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.
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19:09 Dec 24, 2014
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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.
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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
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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:
https://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:
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19:09 Dec 24, 2014
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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
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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 https://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
https://trade.gov/enforcement/frn/. 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 https://iaaccess.trade.gov to https://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 https://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.
---------------------------------------------------------------------------
\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.
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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.
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\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\
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\16\ See Preliminary Decision Memorandum at the section,
``Section 777A(f) of the Act.''
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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.
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\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
