Certain Steel Nails From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 78051-78053 [2014-30432]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices
Schedule category and the polarity of the
product.
5. Processing: Indicate ‘‘YES’’ if the Sugar
is being imported for further processing in
the United States by a USDA-recognized cane
refiner and ‘‘NO’’ if it is not.
6. Quantity: Indicate in metric tons raw
value and short tons raw value.
7. Date of Export License: Date that the
Export License is issued.
8. Date of Expiration of the Export License:
Indicate the date that the Export License
expires.
9. Port of Export: Indicate the port of
export.
10. Allocation to Mill: Indicate the total
amount of the Export Limit allocated to the
individual mill during the relevant Export
Limit Period.
11. Allocation Remaining: Indicate the
remaining amount available under the
allocation to the individual mill during the
relevant Export Limit Period.
tkelley on DSK3SPTVN1PROD with NOTICES
Appendix II—Information on Exports
of Sugar From Mexico
In accordance with the established format,
the GOM’s license issuing authority shall
collect and provide to the Department all
information necessary to ensure compliance
with the Agreement. This information will be
provided to the Department on monthly
basis. The GOM’s license issuing authority
will collect and maintain data on exports to
the United States on a continuous basis. Data
for exports to countries other than the United
States will be reported upon request. The
GOM’s license issuing authority may provide
a narrative explanation to substantiate all
data collected in accordance with the
following formats.
The GOM’s license issuing authority will
provide a report or summary regarding all
Export Licenses issued to entities, which
shall contain the following information
unless the information is unknown to the
licensing authority and the licensee. Upon
request, the GOM will provide copies of any
Export License to the Department.
1. Export License Number: Indicate the
Export License number for the shipment.
2. Name of the Licensee: Indicate the name
of the Licensee, and the name of the mill, if
different from the Licensee.
3. Name of the Exporter: Indicate the name
of the broker/trader or mill, as applicable.
4. Complete Description of Merchandise:
Include the applicable Harmonized Tariff
Schedule category and the polarity of the
product.
5. Processing: Indicate ‘‘YES’’ if the Sugar
is being imported for further processing in
the United States by a USDA-recognized cane
refiner and ‘‘NO’’ if it is not.
6. Quantity: Indicate in metric tons raw
value and short tons raw value.
7. Date of Export License: Date that the
Export License is issued.
8. Date of Expiration of the Export License:
Indicate the date that the Export License
expires.
9. Port of Export: Indicate the port of
export.
10. Allocation to Mill: Indicate the total
amount of the Export Limit allocated to the
individual mill during the relevant Export
Limit Period.
VerDate Sep<11>2014
19:09 Dec 24, 2014
Jkt 235001
11. Allocation Remaining: Indicate the
remaining amount available under the
allocation to the individual mill during the
relevant Export Limit Period.
[FR Doc. 2014–30392 Filed 12–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–874]
Certain Steel Nails From the Republic
of Korea: Affirmative Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that certain steel nails
(‘‘nails’’) from the Republic of Korea
(‘‘Korea’’) are being, or are likely to be,
sold in the United States at less than fair
value (‘‘LTFV’’), as provided in section
733(b) of the Tariff Act of 1930, as
amended (the ‘‘Act’’). The period of
investigation is April 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. We intend to issue the
final determination 135 days after
publication of this preliminary
determination in the Federal Register.
DATES: Effective Date: December 29,
2014.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Jamie Blair-Walker or Drew Jackson,
AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2615 or (202) 482–4406,
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
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)
(‘‘Initiation Notice’’).
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
78051
determination by 42 days until
December 17, 2014.2
Scope of the Investigation
The product covered by this
investigation is certain steel nails from
Korea. For a full description of the
scope of the investigation, see Appendix
I to this notice.3
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.4
Methodology
The Department conducted this
investigation in accordance with section
731 of the Act. Export price (‘‘EP’’) and
constructed export price (‘‘CEP’’) have
been calculated in accordance with
section 772 of the Act. Normal value
(‘‘NV’’) has been calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).5
ACCESS is available to registered users
at https://access.trade.gov, and is
2 See Certain Steel Nails from the Republic of
Korea, Malaysia, Taiwan, 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 The scope language has not changed from that
in the Initiation Notice.
4 See memorandum to Ronald K. Lorentzen,
‘‘Decision Memorandum for the Preliminary
Determination in the Antidumping Duty
Investigation of Certain Steel Nails from the
Republic of Korea,’’ (‘‘Preliminary Decision
Memorandum’’) dated concurrently with and
hereby adopted by this notice. A list of the topics
discussed in the Preliminary Decision
Memorandum appears in Appendix II, below.
5 On November 24, 2014, Enforcement and
Compliance changed the name of the Import
Administration AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. See
Enforcement and Compliance; Change of Electronic
Filing System Name, 79 FR 69046 (November 20,
2014).
E:\FR\FM\29DEN1.SGM
29DEN1
78052
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices
available to all parties in the
Department’s Central Records Unit,
located at room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Daejin Steel 6 and Jinheung Steel. The
Department preliminarily determines
that the following weighted-average
dumping margins exist during the
period April 1, 2013, through March 31,
2014:
All Others Rate
Daejin Steel ..........................
Jinheung Steel Corporation ..
All Others ..............................
tkelley on DSK3SPTVN1PROD with NOTICES
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘all others’’
rate shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely under
section 776 of the Act. Pursuant to
section 735(c)(5)(B) of the Act, if the
estimated weighted-average dumping
margins established for all exporters and
producers individually examined are
zero, de minimis or determined based
entirely under section 776 of the Act,
the Department may use any reasonable
method to establish the estimated
dumping margin for all other producers
or exporters.
Because we individually examined
two companies in this investigation,
basing the estimated dumping margin
for the companies not individually
examined on a weighted-average of the
dumping margins for the two
individually examined companies risks
disclosure of business proprietary
information (‘‘BPI’’). Therefore, we
calculated both a weighted-average of
the dumping margins calculated for the
two mandatory respondents using
public values for their sales of subject
merchandise and a simple average of
these two dumping margins, and
selected, as the separate rate, the
average that provides a more accurate
proxy for the weighted-average margin
of both companies calculated using BPI.
For further discussion of this
calculation, see memorandum entitled
‘‘Calculation of the All Others Rate for
the Preliminary Determination of the
Antidumping Duty Investigation of
Certain Steel Nails from the Republic of
Korea,’’ dated concurrently with this
notice.
Producer or exporter
Weightedaverage
dumping
margin
(percent)
12.38
2.13
7.26
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties in this proceeding
within five days after 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 no later than seven days
after the date on which the final
verification report is issued in this
proceeding. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for submitting case
briefs.7 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 if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce. All
documents must be filed electronically
using ACCESS. An electronically filed
request must be received successfully in
its entirety by ACCESS, by 5:00 p.m.
Eastern Standard Time, within 30 days
after the date of publication of this
notice.8 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. 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
Preliminary Determination
In accordance with section
733(d)(1)(A)(i) of the Act, the
Department calculated weighted-average
dumping margins for the following
individually investigated exporters or
producers of subject merchandise:
VerDate Sep<11>2014
19:09 Dec 24, 2014
Jkt 235001
6 On July 28, 2014, the Department selected
Daejin Steel Co. Ltd. as a mandatory respondent. On
August 4, 2014, Daejin Steel informed the
Department that the correct name of the company
is simply Daejin Steel.
7 See 19 CFR 351.309(c); see also 19 CFR 351.303
(for general filing requirements).
8 See 19 CFR 351.310(c).
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
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.
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information submitted by Daejin
Steel and Jinheung Steel and its
affiliates prior to making a final
determination in this investigation.
Postponement of Final Determination
and Extension of Provisional Measures
Pursuant to section 735(a)(2) of the
Act, Petitioner, Daejin Steel, and
Jinheung Steel requested that the
Department postpone the final
determination. Additionally, Daejin
Steel and Jinheung Steel requested 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 Petitioner, Daejin Steel,
and Jinheung Steel 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 date of
publication of this preliminary
determination. 9 The suspension of
liquidation described below will be
extended accordingly.10
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, we are directing U.S.
Customs and Border Protection (‘‘CBP’’)
to suspend liquidation of all entries of
nails from Korea as described in the
scope of the investigation section
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)(1)(B) of the
Act and 19 CFR 351.205(d), we will
instruct CBP to require a cash deposit
equal to the weighted-average amount
by which the NV exceeds EP, or CEP as
indicated in the chart above.11 These
9 See also 19 CFR 351.210(b)(2) and (e); see also
Letter from Daejin Steel to the Department,
regarding ‘‘Certain Steel Nails from the Republic of
Korea; Extension Request for Final Results,’’ dated
December 9, 2014; Letter from Jinheung Steel to the
Department, regarding ‘‘Antidumping Investigation
of Certain Steel Nails from Korea—Extension
Request,’’ dated December 9, 2014; see also Letter
from Petitioner to the Department, regarding
‘‘Certain Steel Nails from the Republic of Korea:
Extension Request of Final Determination,’’ dated
December 10, 2014.
10 Id.
11 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
E:\FR\FM\29DEN1.SGM
29DEN1
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices
suspension of liquidation instructions
will remain in effect until further notice.
U.S. International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we will notify the ITC of our
preliminary affirmative determination of
sales at LTFV. 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
nails from Korea 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 publication of this preliminary
determination, as discussed 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.
tkelley on DSK3SPTVN1PROD with NOTICES
Appendix I
Scope of Investigation
The merchandise covered by this
investigation is certain steel nails having a
nominal shaft length not exceeding 12
inches.12 Certain steel nails include, but are
not limited to, nails made from round wire
and nails that are cut from flat-rolled steel.
Certain steel nails may be of one piece
construction or constructed of two or more
pieces. Certain steel nails may be produced
from any type of steel, and may have any
type of surface finish, head type, shank, point
type and shaft diameter. Finishes include,
but are not limited to, coating in vinyl, zinc
(galvanized, including but not limited to
electroplating or hot dipping one or more
times), phosphate, cement, and paint. Certain
steel nails may have one or more surface
finishes. Head styles include, but are not
limited to, flat, projection, cupped, oval,
brad, headless, double, countersunk, and
sinker. Shank styles include, but are not
limited to, smooth, barbed, screw threaded,
ring shank and fluted. Screw-threaded nails
subject to this proceeding are driven using
direct force and not by turning the nail using
a tool that engages with the head. Point styles
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
12 The shaft length of certain steel nails with flat
heads or parallel shoulders under the head shall be
measured from under the head or shoulder to the
tip of the point. The shaft length of all other certain
steel nails shall be measured overall.
VerDate Sep<11>2014
19:09 Dec 24, 2014
Jkt 235001
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
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary
Determination
V. Postponement of Final Determination and
Extension of Provisional Measures
VI. Scope of the Investigation
VII. Scope Comment
VIII. Respondent Selection
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
78053
IX. Discussion of Methodology
A. Fair Value Comparisons
(1) Determination of the Comparison
Method
(2) Results of the Differential Pricing
Analysis
X. Product Comparisons
XI. Date of Sale
XII. Affiliation
XIII. Export Price/Constructed Export Price
XIV. Normal Value
Daejin Steel
A. Comparison-Market Viability
B. Calculation of Normal Value Based on
Constructed Value
Jinheung Steel
A. Home Market Viability
B. Affiliated Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production
E. Calculation of Normal Value Based on
Comparison Market Prices
XV. Currency Conversion
XVI. U.S. International Trade Commission
Notification
XVII. Disclosure and Public Comment
XVIII. Verification
XIX. Conclusion
[FR Doc. 2014–30432 Filed 12–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–854]
Certain Steel Nails From Taiwan:
Negative Preliminary Determination of
Sales at Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice.
AGENCY:
The Department of Commerce
(Department) preliminarily determines
that certain steel nails from Taiwan are
not being, or are not likely to be, sold
in the United States at less than fair
value (LTFV), as provided in section
733(b) of the Tariff Act of 1930, as
amended (the Act). The period of
investigation is April 1, 2013, through
March 31, 2014. The estimated
weighted-average dumping margins are
shown in the ‘‘Preliminary
Determination’’ section of this notice. In
response to a request from Mid
Continent Steel & Wire, Inc. (petitioner)
we are postponing the final
determination. The final determination
will be issued 135 days after the
publication of this preliminary
determination in the Federal Register.
We invite interested parties to comment
on the preliminary determination.
DATES: Effective Date: December 29,
2014.
SUMMARY:
E:\FR\FM\29DEN1.SGM
29DEN1
]]>Agencies
[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Notices]
[Pages 78051-78053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30432]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-874]
Certain Steel Nails From the Republic of Korea: Affirmative
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that certain steel nails (``nails'') from the Republic of
Korea (``Korea'') are being, or are likely to be, sold in the United
States at less than fair value (``LTFV''), as provided in section
733(b) of the Tariff Act of 1930, as amended (the ``Act''). The period
of investigation is April 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. We
intend to issue the final determination 135 days after publication of
this preliminary determination in the Federal Register.
DATES: Effective Date: December 29, 2014.
FOR FURTHER INFORMATION CONTACT: Jamie Blair-Walker or Drew Jackson,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2615 or (202) 482-4406, 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
by 42 days until December 17, 2014.\2\
---------------------------------------------------------------------------
\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) (``Initiation
Notice'').
\2\ See Certain Steel Nails from the Republic of Korea,
Malaysia, Taiwan, 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).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is certain steel nails
from Korea. For a full description of the scope of the investigation,
see Appendix I to this notice.\3\
---------------------------------------------------------------------------
\3\ The scope language has not changed from that in the
Initiation 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.\4\
---------------------------------------------------------------------------
\4\ See memorandum to Ronald K. Lorentzen, ``Decision Memorandum
for the Preliminary Determination in the Antidumping Duty
Investigation of Certain Steel Nails from the Republic of Korea,''
(``Preliminary Decision Memorandum'') dated concurrently with and
hereby adopted by this notice. A list of the topics discussed in the
Preliminary Decision Memorandum appears in Appendix II, below.
---------------------------------------------------------------------------
Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. Export price (``EP'') and constructed export
price (``CEP'') have been calculated in accordance with section 772 of
the Act. Normal value (``NV'') has been calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
The Preliminary Decision Memorandum is a public document and is made
available to the public via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System
(ACCESS).\5\ ACCESS is available to registered users at https://access.trade.gov, and is
[[Page 78052]]
available to all parties in the Department's Central Records Unit,
located at room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\5\ On November 24, 2014, Enforcement and Compliance changed the
name of the Import Administration AD and CVD Centralized Electronic
Service System (``IA ACCESS'') to AD and CVD Centralized Electronic
Service System (``ACCESS''). The Web site location was changed from
https://iaaccess.trade.gov to https://access.trade.gov. See
Enforcement and Compliance; Change of Electronic Filing System Name,
79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------
All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely under section 776
of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the
estimated weighted-average dumping margins established for all
exporters and producers individually examined are zero, de minimis or
determined based entirely under section 776 of the Act, the Department
may use any reasonable method to establish the estimated dumping margin
for all other producers or exporters.
Because we individually examined two companies in this
investigation, basing the estimated dumping margin for the companies
not individually examined on a weighted-average of the dumping margins
for the two individually examined companies risks disclosure of
business proprietary information (``BPI''). Therefore, we calculated
both a weighted-average of the dumping margins calculated for the two
mandatory respondents using public values for their sales of subject
merchandise and a simple average of these two dumping margins, and
selected, as the separate rate, the average that provides a more
accurate proxy for the weighted-average margin of both companies
calculated using BPI. For further discussion of this calculation, see
memorandum entitled ``Calculation of the All Others Rate for the
Preliminary Determination of the Antidumping Duty Investigation of
Certain Steel Nails from the Republic of Korea,'' dated concurrently
with this notice.
Preliminary Determination
In accordance with section 733(d)(1)(A)(i) of the Act, the
Department calculated weighted-average dumping margins for the
following individually investigated exporters or producers of subject
merchandise: Daejin Steel \6\ and Jinheung Steel. The Department
preliminarily determines that the following weighted-average dumping
margins exist during the period April 1, 2013, through March 31, 2014:
---------------------------------------------------------------------------
\6\ On July 28, 2014, the Department selected Daejin Steel Co.
Ltd. as a mandatory respondent. On August 4, 2014, Daejin Steel
informed the Department that the correct name of the company is
simply Daejin Steel.
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Daejin Steel............................................ 12.38
Jinheung Steel Corporation.............................. 2.13
All Others.............................................. 7.26
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days after 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 no later than seven
days after the date on which the final verification report is issued in
this proceeding. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for submitting case briefs.\7\ 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); see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce. All documents must be filed
electronically using ACCESS. An electronically filed request must be
received successfully in its entirety by ACCESS, by 5:00 p.m. Eastern
Standard Time, within 30 days after the date of publication of this
notice.\8\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. 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.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information submitted by Daejin Steel and Jinheung Steel
and its affiliates prior to making a final determination in this
investigation.
Postponement of Final Determination and Extension of Provisional
Measures
Pursuant to section 735(a)(2) of the Act, Petitioner, Daejin Steel,
and Jinheung Steel requested that the Department postpone the final
determination. Additionally, Daejin Steel and Jinheung Steel requested
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 Petitioner,
Daejin Steel, and Jinheung Steel 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 date
of publication of this preliminary determination. \9\ The suspension of
liquidation described below will be extended accordingly.\10\
---------------------------------------------------------------------------
\9\ See also 19 CFR 351.210(b)(2) and (e); see also Letter from
Daejin Steel to the Department, regarding ``Certain Steel Nails from
the Republic of Korea; Extension Request for Final Results,'' dated
December 9, 2014; Letter from Jinheung Steel to the Department,
regarding ``Antidumping Investigation of Certain Steel Nails from
Korea--Extension Request,'' dated December 9, 2014; see also Letter
from Petitioner to the Department, regarding ``Certain Steel Nails
from the Republic of Korea: Extension Request of Final
Determination,'' dated December 10, 2014.
\10\ Id.
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we are directing
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of
all entries of nails from Korea as described in the scope of the
investigation section 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)(1)(B) of the Act and 19 CFR 351.205(d),
we will instruct CBP to require a cash deposit equal to the weighted-
average amount by which the NV exceeds EP, or CEP as indicated in the
chart above.\11\ These
[[Page 78053]]
suspension of liquidation instructions will remain in effect until
further notice.
---------------------------------------------------------------------------
\11\ 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).
---------------------------------------------------------------------------
U.S. International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our preliminary affirmative determination of sales at LTFV.
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 nails from Korea 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 publication of
this preliminary determination, as discussed 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 Investigation
The merchandise covered by this investigation is certain steel
nails having a nominal shaft length not exceeding 12 inches.\12\
Certain steel nails include, but are not limited to, nails made from
round wire and nails that are cut from flat-rolled steel. Certain
steel nails may be of one piece construction or constructed of two
or more pieces. Certain steel nails may be produced from any type of
steel, and may have any type of surface finish, head type, shank,
point type and shaft diameter. Finishes include, but are not limited
to, coating in vinyl, zinc (galvanized, including but not limited to
electroplating or hot dipping one or more times), phosphate, cement,
and paint. Certain steel nails may have one or more surface
finishes. Head styles include, but are not limited to, flat,
projection, cupped, oval, brad, headless, double, countersunk, and
sinker. Shank styles include, but are not limited to, smooth,
barbed, screw threaded, ring shank and fluted. Screw-threaded nails
subject to this proceeding are driven using direct force and not by
turning the nail using a tool that engages with the head. Point
styles include, but are not limited to, diamond, needle, chisel and
blunt or no point. Certain steel nails may be sold in bulk, or they
may be collated in any manner using any material. 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.
---------------------------------------------------------------------------
\12\ The shaft length of certain steel nails with flat heads or
parallel shoulders under the head shall be measured from under the
head or shoulder to the tip of the point. The shaft length of all
other certain steel nails shall be measured overall.
---------------------------------------------------------------------------
Excluded from the scope of this investigation are certain steel
nails packaged in combination with one or more non-subject articles,
if the total number of nails of all 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
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Postponement of Final Determination and Extension of Provisional
Measures
VI. Scope of the Investigation
VII. Scope Comment
VIII. Respondent Selection
IX. Discussion of Methodology
A. Fair Value Comparisons
(1) Determination of the Comparison Method
(2) Results of the Differential Pricing Analysis
X. Product Comparisons
XI. Date of Sale
XII. Affiliation
XIII. Export Price/Constructed Export Price
XIV. Normal Value
Daejin Steel
A. Comparison-Market Viability
B. Calculation of Normal Value Based on Constructed Value
Jinheung Steel
A. Home Market Viability
B. Affiliated Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production
E. Calculation of Normal Value Based on Comparison Market Prices
XV. Currency Conversion
XVI. U.S. International Trade Commission Notification
XVII. Disclosure and Public Comment
XVIII. Verification
XIX. Conclusion
[FR Doc. 2014-30432 Filed 12-24-14; 8:45 am]
BILLING CODE 3510-DS-P
