Certain Steel Nails From Malaysia: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination and Extension of Provisional Measures, 78055-78058 [2014-30434]
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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we have notified the ITC of our
preliminary negative determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
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 the Investigation
The merchandise covered by this
investigation is certain steel nails having a
nominal shaft length not exceeding 12
inches.8 Certain steel nails include, but are
not limited to, nails made from round wire
and nails that are cut from flat-rolled steel.
Certain steel nails may be of one piece
construction or constructed of two or more
pieces. Certain steel nails may be produced
from any type of steel, and may have any
type of surface finish, head type, shank, point
type and shaft diameter. Finishes include,
but are not limited to, coating in vinyl, zinc
(galvanized, including but not limited to
electroplating or hot dipping one or more
times), phosphate, cement, and paint. Certain
steel nails may have one or more surface
finishes. Head styles include, but are not
limited to, flat, projection, cupped, oval,
brad, headless, double, countersunk, and
sinker. Shank styles include, but are not
limited to, smooth, barbed, screw threaded,
ring shank and fluted. Screw-threaded nails
subject to this proceeding are driven using
direct force and not by turning the nail using
a tool that engages with the head. Point styles
include, but are not limited to, diamond,
needle, chisel and blunt or no point. Certain
steel nails may be sold in bulk, or they may
be collated in any manner using any material.
If packaged in combination with one or more
non-subject articles, certain steel nails
remain subject merchandise if the total
number of nails of all types, in aggregate
regardless of size, is equal to or greater than
25.
Excluded from the scope of this
investigation are certain steel nails packaged
in combination with one or more non-subject
articles, if the total number of nails of all
types, in aggregate regardless of size, is less
than 25.
8 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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Jkt 235001
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 Final Determination
V. Scope of the Investigation
VI. Scope Comments
VII. Affiliation and Collapsing
VIII. Middleman Dumping
IX. Discussion of Methodology
A. Fair Value Comparisons
B. Product Control Numbers
C. Determination of Comparison Method
D. Export Price
E. Normal Value
F. Date of Sale
G. Currency Conversion
X. U.S. International Trade Commission
Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
[FR Doc. 2014–30430 Filed 12–24–14; 8:45 am]
BILLING CODE 3510–DS–P
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78055
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–816]
Certain Steel Nails From Malaysia:
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.
SUMMARY: The Department of Commerce
(Department) preliminarily determines
that certain steel nails from Malaysia 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. The Department intends
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:
Ericka Ukrow or Steve Bezirganian, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0405 or (202) 482–
1131, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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
determination 42 days until December
17, 2014.2
Scope of the Investigation
The product covered by this
investigation is certain steel nails from
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, 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).
E:\FR\FM\29DEN1.SGM
29DEN1
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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices
Malaysia. For a full 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 further discussion of
these comments, see the Preliminary
Decision Memorandum.3
tkelley on DSK3SPTVN1PROD with NOTICES
Methodology
The Department conducted this
investigation in accordance with section
731 of the Act. Because one of the
mandatory respondents, Tag Fasteners
Sdn. Bhd. (Tag), failed to respond to the
Department’s questionnaire, we
preliminarily determined to apply facts
otherwise available with an adverse
inference to this respondent pursuant to
sections 776(a) and (b) of the Act. In
applying adverse facts available, we are
assigning Tag a dumping margin of
39.35 percent. For the other two
mandatory respondents, Inmax Sdn.
Bhd. (Inmax) and Region International
Co., Ltd. and its collapsed affiliate,
Region System Sdn. Bhd. (collectively,
Region), export prices have been
calculated in accordance with section
772 of the Act. Normal value 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.4 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).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the
Department’s Central Records Unit,
located at room 7046 of the main
Department of Commerce building.5 In
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 in
the Antidumping Duty Investigation of Certain Steel
Nails from Malaysia,’’ 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.
5 Effective November 24, 2014, Enforcement and
Compliance changed the name of the Import
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19:09 Dec 24, 2014
Jkt 235001
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.
All Others Rate
Consistent with sections
733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an
estimated ‘‘all others’’ rate for all
exporters or producers not individually
investigated. 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. Therefore,
because the estimated weighted-average
dumping margins for Inmax Sdn. Bhd.
and Region are not zero, de minimis, or
determined entirely under section 776
of the Act, the Department has
estimated the ‘‘all-others’’ rate in this
preliminary determination by weightaveraging the estimated weightedaverage dumping margins calculated for
those two respondents, based on
publicly-ranged data.6
Exporter/
producer
Region International Co. Ltd.
and Region System Sdn.
Bhd ....................................
Tag Fasteners Sdn. Bhd ......
All Others ..............................
Weightedaverage
dumping
margin
(percent)
2.56
39.35
2.20
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information submitted by Inmax
Sdn. Bhd. and Region prior to making
a final determination in this
investigation.
Disclosure and Public Comment
We will disclose the calculations
performed to parties in this proceeding
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 no later than seven days
after the date on which the final
verification report is issued in this
proceeding and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.7
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
Preliminary Determination
rebuttal briefs in this proceeding are
encouraged to submit with each
In accordance with section
argument: (1) A statement of the issue;
733(d)(1)(A)(i) of the Act, the
(2) a brief summary of the argument;
Department calculated estimated
and (3) a table of authorities.
weighted-average dumping margins for
Pursuant to 19 CFR 351.310(c),
the individually investigated exporters
interested parties who wish to request a
and producers of subject merchandise,
hearing, or to participate if one is
listed below. The Department
requested, must submit a written
preliminarily determines that the
request to the Assistant Secretary for
following estimated weighted-average
Enforcement and Compliance, U.S.
dumping margins exist for these
Department of Commerce. All
individually investigated exporters and
documents must be filed electronically
producers:
using ACCESS. An electronically filed
request must be received successfully in
Weightedits entirety by ACCESS, by 5:00 p.m.
average
Eastern Standard Time, within 30 days
Exporter/
dumping
producer
after the date of publication of this
margin
notice.8 Requests should contain the
(percent)
party’s name, address, and telephone
Inmax Sdn. Bhd ....................
2.14 number, the number of participants, and
a list of the issues to be discussed. If a
Administration AD and CVD Centralized Electronic
request for a hearing is made, the
Service System (IA ACCESS) to AD and CVD
Department intends to hold the hearing
Centralized Electronic Service System (ACCESS).
at the U.S. Department of Commerce,
The Web site location was changed from https://
14th Street and Constitution Avenue
iaacess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
NW., Washington, DC 20230, at a time
Regulations can be found at: 79 FR 69046
and date to be determined. Parties
(November 20, 2014).
should confirm by telephone the date,
6
See ‘‘Antidumping Duty Investigation of Certain
Steel Nails from Malaysia; Preliminary
Determination Calculation for the All-Others Rate,’’
dated concurrently with this determination.
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7 See
8 See
E:\FR\FM\29DEN1.SGM
19 CFR 351.309.
19 CFR 351.310(c).
29DEN1
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices
time, and location of the hearing two
days before the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Pursuant to section 735(a)(2) of the
Act, Inmax and Region requested that
the Department postpone the final
determination and extend provisional
measures from four months to six
months. Additionally, Inmax and
Region 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 a request from
Inmax and Region 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.
Suspension of Liquidation
tkelley on DSK3SPTVN1PROD with NOTICES
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
certain steel nails from Malaysia 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 19 CFR 351.205(d), we
will instruct CBP to require a cash
deposit equal to the weighted-average
amount by which the normal value
exceeds export price, as indicated in the
chart above.10 11 These suspension of
liquidation instructions will remain in
effect until further notice.
9 See also 19 CFR 351.210(b)(2) and (e); see also
Letter from Inmax and Region International Co.,
Ltd. to the Department, regarding ‘‘Certain Steel
Nails from Malaysia; Extension Request for Final
Results’’ (December 9, 2014).
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 Because the preliminary calculated
countervailing duty rates in the companion
countervailing duty investigation attributable to
export subsidies were de minimis for both
respondents, we did not adjust these cash deposit
rates to account for export subsidies. See Certain
Steel Nails from Malaysia: Preliminary Negative
Countervailing Duty Determination and Alignment
of Final Countervailing Duty Determination with
Final Antidumping Duty Determination, 79 FR
65179, 65180 (November 3, 2014).
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19:09 Dec 24, 2014
Jkt 235001
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we have notified 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
certain steel nails from Malaysia 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 the 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
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.
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78057
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 Final Determination and
Extension of Provisional Measures
V. Scope of the Investigation
VI. Scope Comments
VII. Respondent Selection
VIII. Facts Available (FA)
A. Application of Facts Available and Use
of Adverse Inference
B. Adverse Facts Available (AFA) Rate and
Corroboration of Secondary Information
IX. All Others Rate
X. Affiliation and Collapsing
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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:
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
Background
The Department published the notice
of initiation of this investigation on June
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19:09 Dec 24, 2014
Jkt 235001
Scope Comments
Several interested parties (i.e., IKEA
Supply AG and IKEA Distributions
Services Inc. (collectively IKEA), Target
Corporation, and The Home Depot)
submitted comments to the Department
on the scope of the investigation as it
appeared in the Initiation Notice, and
Mid Continent Steel & Wire, Inc.
(Petitioner) submitted rebuttal
comments. For discussion of those
comments and rebuttal comments, see
the Preliminary Decision
Memorandum.3
Methodology
The Department conducted this
investigation in accordance with section
731 of the Act. We calculated export
prices in accordance with section 772 of
the Act. Because Vietnam is a nonmarket economy within the meaning of
section 771(18) of the Act, we calculated
normal value in accordance with section
773(c) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.4 The
1 See Certain Steel Nails From India, the Republic
of Korea, Malaysia, the Sultanate of Oman, Taiwan,
the Republic of Turkey, and the Socialist Republic
of Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 79 FR 36019 (June 25, 2014)
(Initation Notice). On the same day, the Department
initiated a countervailing duty investigation of
certain steel nails from Vietnam. See Certain Steel
Nails From India, the Republic of Korea, Malaysia,
the Sultanate of Oman, Taiwan, the Republic of
Turkey, and the Socialist Republic of Vietnam:
Initiation of Countervailing Duty Investigations, 79
FR 36014 (June 25, 2014).
2 See Certain Steel Nails From the Republic of
Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
Postponement of Preliminary Determination of
Antidumping Duty Investigations, 79 FR 63082
(October 22, 2014).
3 See Memorandum to Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Decision
Memorandum for the Preliminary Determination of
the Less-Than-Fair-Value Investigation of Certain
Steel Nails from the Socialist Republic of Vietnam,’’
dated concurrently with this determination and
hereby adopted by this notice. A list of the topics
discussed in the Preliminary Decision
Memorandum appears in Appendix II, below.
4 Id.
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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.
E:\FR\FM\29DEN1.SGM
29DEN1
]]>Agencies
[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Notices]
[Pages 78055-78058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30434]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-816]
Certain Steel Nails From Malaysia: 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.
SUMMARY: The Department of Commerce (Department) preliminarily
determines that certain steel nails from Malaysia 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. The
Department intends 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: Ericka Ukrow or Steve Bezirganian, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0405 or (202) 482-1131, 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 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) (Initiation
Notice).
\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 product covered by this investigation is certain steel nails
from
[[Page 78056]]
Malaysia. For a full 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 further discussion of these 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
in the Antidumping Duty Investigation of Certain Steel Nails from
Malaysia,'' 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. Because one of the mandatory respondents, Tag
Fasteners Sdn. Bhd. (Tag), failed to respond to the Department's
questionnaire, we preliminarily determined to apply facts otherwise
available with an adverse inference to this respondent pursuant to
sections 776(a) and (b) of the Act. In applying adverse facts
available, we are assigning Tag a dumping margin of 39.35 percent. For
the other two mandatory respondents, Inmax Sdn. Bhd. (Inmax) and Region
International Co., Ltd. and its collapsed affiliate, Region System Sdn.
Bhd. (collectively, Region), export prices have been calculated in
accordance with section 772 of the Act. Normal value 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.\4\ 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). ACCESS is available to
registered users at https://access.trade.gov, and is available to all
parties in the Department's Central Records Unit, located at room 7046
of the main Department of Commerce building.\5\ 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.
---------------------------------------------------------------------------
\4\ Id.
\5\ Effective 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://iaacess.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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All Others Rate
Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an estimated ``all others'' rate for all
exporters or producers not individually investigated. 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. Therefore, because the estimated weighted-average dumping margins
for Inmax Sdn. Bhd. and Region are not zero, de minimis, or determined
entirely under section 776 of the Act, the Department has estimated the
``all-others'' rate in this preliminary determination by weight-
averaging the estimated weighted-average dumping margins calculated for
those two respondents, based on publicly-ranged data.\6\
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\6\ See ``Antidumping Duty Investigation of Certain Steel Nails
from Malaysia; Preliminary Determination Calculation for the All-
Others Rate,'' dated concurrently with this determination.
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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 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:
------------------------------------------------------------------------
Weighted-
average
Exporter/ producer dumping margin
(percent)
------------------------------------------------------------------------
Inmax Sdn. Bhd.......................................... 2.14
Region International Co. Ltd. and Region System Sdn. Bhd 2.56
Tag Fasteners Sdn. Bhd.................................. 39.35
All Others.............................................. 2.20
------------------------------------------------------------------------
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information submitted by Inmax Sdn. Bhd. and Region prior
to making a final determination in this investigation.
Disclosure and Public Comment
We will disclose the calculations performed to parties in this
proceeding 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 no later than seven
days after the date on which the final verification report is issued in
this proceeding and rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for 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.
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\7\ See 19 CFR 351.309.
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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,
[[Page 78057]]
time, and location of the hearing two days before the scheduled date.
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\8\ See 19 CFR 351.310(c).
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Postponement of Final Determination and Extension of Provisional
Measures
Pursuant to section 735(a)(2) of the Act, Inmax and Region
requested that the Department postpone the final determination and
extend provisional measures from four months to six months.
Additionally, Inmax and Region 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 a request from Inmax and Region 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.
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\9\ See also 19 CFR 351.210(b)(2) and (e); see also Letter from
Inmax and Region International Co., Ltd. to the Department,
regarding ``Certain Steel Nails from Malaysia; Extension Request for
Final Results'' (December 9, 2014).
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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 certain steel nails from Malaysia 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 19 CFR 351.205(d), we will instruct CBP to require a
cash deposit equal to the weighted-average amount by which the normal
value exceeds export price, as indicated in the chart
above.10 11 These suspension of liquidation 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\ Because the preliminary calculated countervailing duty
rates in the companion countervailing duty investigation
attributable to export subsidies were de minimis for both
respondents, we did not adjust these cash deposit rates to account
for export subsidies. See Certain Steel Nails from Malaysia:
Preliminary Negative Countervailing Duty Determination and Alignment
of Final Countervailing Duty Determination with Final Antidumping
Duty Determination, 79 FR 65179, 65180 (November 3, 2014).
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we have notified 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 certain steel nails from Malaysia
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 the 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.
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\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.
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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 Final Determination and Extension of Provisional
Measures
V. Scope of the Investigation
VI. Scope Comments
VII. Respondent Selection
VIII. Facts Available (FA)
A. Application of Facts Available and Use of Adverse Inference
B. Adverse Facts Available (AFA) Rate and Corroboration of
Secondary Information
IX. All Others Rate
X. Affiliation and Collapsing
[[Page 78058]]
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
[FR Doc. 2014-30434 Filed 12-24-14; 8:45 am]
BILLING CODE 3510-DS-P
