Certain Steel Nails From Malaysia: Amended Final Determination of Sales at Less Than Fair Value, 34370-34371 [2015-14767]

Download as PDF 34370 Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review where an importer-specific assessment rate is not zero or de minimis. We will instruct CBP to liquidate without regard to antidumping duties any entries for which the importer-specific assessment rate is zero or de minimis. Cash Deposit Requirements Since the Final Results, the Department completed a subsequent administrative review of, and established a new cash deposit rate for, New-Tec. Therefore, New-Tec’s cash deposit rate does not need to be updated as a result of these amended final results. Rather, New-Tec’s cash deposit rate will continue to be 0.00 percent, the rate established in that review.4 Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred, and the subsequent assessment of double antidumping duties. We are issuing this determination and publishing these amended final results and notice in accordance with 19 U.S.C. 1516(e). Dated: June 9, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–14769 Filed 6–15–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–816] Certain Steel Nails From Malaysia: Amended Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is amending its final asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: Thereof from the People’s Republic of China; 2009– 2010’’ dated concurrently with this notice. 4 See Hand Trucks and Certain Parts Thereof From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2011– 2012, 79 FR 44008 (July 29, 2014). VerDate Sep<11>2014 17:18 Jun 15, 2015 Jkt 235001 determination in the less-than-fair-value investigation of certain steel nails from Malaysia, to correct a ministerial error. DATES: Effective Date: June 16, 2015. FOR FURTHER INFORMATION CONTACT: Edythe Artman 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) 482–3931 or (202) 482–1131, respectively. SUPPLEMENTARY INFORMATION: Background On May 20, 2015, the Department published the final determination of the less-than-fair-value investigation of certain steel nails from Malaysia.1 On May 22, 2015, Mid Continent Steel & Wire, Inc., (Petitioner), submitted a ministerial error allegation.2 No other party commented on this allegation. Based on our analysis of this allegation, we revised the margin calculation for Region System Sdn. Bhd. and Region International Co., Ltd. (collectively, Region), and assigned a new All Others rate, as discussed below.3 Scope of the Investigation The scope of the investigation appears in Appendix I of the Final Determination. Ministerial Error Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.224(f) define a ‘‘ministerial error’’ as an error ‘‘in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ Petitioner noted that in the Final Determination, we recalculated the U.S. warranty expense field such that it was denominated in U.S. dollars per kilogram, but then applied currency exchange conversions to the U.S. warranty expenses in the U.S. margin calculation as if they were denominated 1 See Certain Steel Nails From Malaysia; Final Determination of Sales at Less Than Fair Value, 80 FR 28969 (May 20, 2015) (Final Determination). 2 See Letter from Petitioner to the Department, ‘‘Certain Steel Nails from Malaysia: Petitioner’s Ministerial Error Allegation,’’ dated May 22, 2015. 3 See also the memorandum entitled ‘‘Amended Final Determination of the Less-Than-Fair-Value Investigation of Certain Steel Nails from Malaysia: Allegation of Ministerial Error,’’ dated concurrently with this determination and hereby adopted by this notice. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 in Malaysian currency per kilogram. No other party commented on this allegation. We agree with Petitioner that we made a ministerial error within the meaning of 19 CFR 351.224(f) with respect to the recalculated U.S. warranty expense field. Therefore, we are amending the final determination in accordance with section 751(h) of the Act and 19 CFR 351.224(e). Amended Final Determination The Department determines that the following amended weighted-average dumping margins exist for the period April 1, 2013 through March 31, 2014, as discussed above: 4 Exporter or producer Region System Sdn. Bhd. and Region International Co., Ltd .. All Others .................................... Weightedaverage dumping margin (percent) 2.66 2.66 Continuation of Suspension of Liquidation The following cash deposit requirements will be effective upon publication of this notice for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of this amended final determination, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Region will be the rate we determined in this amended final determination (i.e., 2.66 percent); (2) the cash deposit rates for Inmax and Tag will continue to be those identified in the Final Determination (i.e., 39.35 percent) (3) if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise; and (4) the rate for all other producers or exporters will be 2.66 percent, as indicated above. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we notified the U.S. International Trade Commission (ITC) of the Final Determination and our amended final determination. As the Final Determination and our preliminary determination were both affirmative, in accordance with section 4 Note that the weighted-average dumping margins of 39.35 percent identified in the Final Determination for Inmax Sdn. Bhd. (‘‘Inmax’’) and Tag Fasteners Sdn. Bhd. (‘‘Tag’’) remain unchanged. See Final Determination at 28970. E:\FR\FM\16JNN1.SGM 16JNN1 Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices 735(b)(3) of the Act, the ITC will determine within 45 days of the Final Determination whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that such injury exists, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. This amended final determination notice is published in accordance with section 735(e) of the Act and 19 CFR 351.224(e). Dated: June 10, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–14767 Filed 6–15–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–891] Hand Trucks and Certain Parts Thereof From the People’s Republic of China: Notice of Amended Final Results of Antidumping Duty Administrative Review Pursuant to Settlement; 2010– 2011 Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: June 16, 2015. FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Robert James, 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) 482–4947 and (202) 482–0649, respectively. SUPPLEMENTARY INFORMATION: AGENCY: asabaliauskas on DSK5VPTVN1PROD with NOTICES Background On May 16, 2013, the Department of Commerce (the Department) published the final results of its administrative review of the antidumping duty order on hand trucks and certain parts thereof from People’s Republic of China.1 The 1 See Hand Trucks and Certain Parts Thereof from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2010– 2011, 78 FR 28801 (May 16, 2013) (Final Results). VerDate Sep<11>2014 17:18 Jun 15, 2015 Jkt 235001 period of review (POR) is December 1, 2010, through November 30, 2011. The administrative review covered four companies, New-Tec Integration (Xiamen) Co., Ltd. (New-Tec), WelCom Products, Inc. (WelCom), Yuhuan Tongsheng Industry Company (Tongsheng), and Yangjiang Shunhe Industrial Co., Ltd. and Yangjiang Shunhe Industrial & Trade Co., Ltd. (collectively, Shunhe). In the Final Results, the Department rescinded the administrative review with respect to WelCom, Tongsheng, and Shunhe, and assigned to New-Tec, an exporter of hand trucks and certain parts thereof from the People’s Republic of China to the United States, a rate of 9.21 percent for the 2010–2011 period of review. Following the publication of the Final Results, Gleason Industrial Products, Inc. and Precision Products, Inc. (collectively, Gleason), domestic interested parties, and Cosco Home and Office Products (Cosco), a U.S. importer, filed lawsuits with the United States Court of International Trade (CIT) challenging various aspects of the Department’s final results of administrative review. The United States, Gleason, and Cosco have entered into an agreement to settle this dispute. Pursuant to the terms of settlement and the stipulation for entry of judgment, the amended final weighted-average dumping margin for New-Tec is 5.38 percent. The Court issued its Order of Judgment by Stipulation on May 29, 2015.2 Assessment Rates The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP within 15 days after the date of publication of these amended final results of review in the Federal Register. We have calculated importer-specific per-unit antidumping duty assessment rates by aggregating the total amount of dumping calculated for the examined sales of each importer and dividing each of these amounts by the total entered quantity associated with those sales.3 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review where an importer-specific assessment rate is not 2 See Cosco Home and Office Products v. United States, Consol. Court No. 13–00217, Doc. No. 85 (May 29, 2015). 3 See Memorandum to: The File ‘‘Per-Unit Assessment Calculation for New-Tec Integration (Xiamen) Co., Ltd. (New-Tec) in the Amended Final Results of Admininstrative Review of the Antidumping Order on Hand Trucks and Parts Thereof from the People’s Republic of China; 2010– 2011’’ dated concurrently with this notice. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 34371 zero or de minimis. We will instruct CBP to liquidate without regard to antidumping duties any entries for which the importer-specific assessment rate is zero or de minimis. Cash Deposit Requirements Since the Final Results, the Department completed a subsequent administrative review of, and established a new cash deposit rate for, New-Tec. Therefore, New-Tec’s cash deposit rate does not need to be updated as a result of these amended final results. Rather, New-Tec’s cash deposit rate will continue to be 0.00 percent, the rate established in that review.4 Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred, and the subsequent assessment of double antidumping duties. We are issuing this determination and publishing these amended final results in accordance with 19 U.S.C. 1516(e). Dated: June 9, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–14772 Filed 6–15–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD732 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Shell Ice Overflight Surveys in the Beaufort and Chukchi Seas, Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. AGENCY: In accordance with the Marine Mammal Protection Act SUMMARY: 4 See Hand Trucks and Certain Parts Thereof From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2011– 2012, 79 FR 44008 (July 29, 2014). E:\FR\FM\16JNN1.SGM 16JNN1

Agencies

[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Notices]
[Pages 34370-34371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14767]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


Certain Steel Nails From Malaysia: Amended Final Determination of 
Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (the Department) is amending its 
final determination in the less-than-fair-value investigation of 
certain steel nails from Malaysia, to correct a ministerial error.

DATES: Effective Date: June 16, 2015.

FOR FURTHER INFORMATION CONTACT: Edythe Artman 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-
3931 or (202) 482-1131, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 20, 2015, the Department published the final determination 
of the less-than-fair-value investigation of certain steel nails from 
Malaysia.\1\ On May 22, 2015, Mid Continent Steel & Wire, Inc., 
(Petitioner), submitted a ministerial error allegation.\2\ No other 
party commented on this allegation.
---------------------------------------------------------------------------

    \1\ See Certain Steel Nails From Malaysia; Final Determination 
of Sales at Less Than Fair Value, 80 FR 28969 (May 20, 2015) (Final 
Determination).
    \2\ See Letter from Petitioner to the Department, ``Certain 
Steel Nails from Malaysia: Petitioner's Ministerial Error 
Allegation,'' dated May 22, 2015.
---------------------------------------------------------------------------

    Based on our analysis of this allegation, we revised the margin 
calculation for Region System Sdn. Bhd. and Region International Co., 
Ltd. (collectively, Region), and assigned a new All Others rate, as 
discussed below.\3\
---------------------------------------------------------------------------

    \3\ See also the memorandum entitled ``Amended Final 
Determination of the Less-Than-Fair-Value Investigation of Certain 
Steel Nails from Malaysia: Allegation of Ministerial Error,'' dated 
concurrently with this determination and hereby adopted by this 
notice.
---------------------------------------------------------------------------

Scope of the Investigation

    The scope of the investigation appears in Appendix I of the Final 
Determination.

Ministerial Error

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.''
    Petitioner noted that in the Final Determination, we recalculated 
the U.S. warranty expense field such that it was denominated in U.S. 
dollars per kilogram, but then applied currency exchange conversions to 
the U.S. warranty expenses in the U.S. margin calculation as if they 
were denominated in Malaysian currency per kilogram. No other party 
commented on this allegation. We agree with Petitioner that we made a 
ministerial error within the meaning of 19 CFR 351.224(f) with respect 
to the recalculated U.S. warranty expense field. Therefore, we are 
amending the final determination in accordance with section 751(h) of 
the Act and 19 CFR 351.224(e).

Amended Final Determination

    The Department determines that the following amended weighted-
average dumping margins exist for the period April 1, 2013 through 
March 31, 2014, as discussed above: \4\
---------------------------------------------------------------------------

    \4\ Note that the weighted-average dumping margins of 39.35 
percent identified in the Final Determination for Inmax Sdn. Bhd. 
(``Inmax'') and Tag Fasteners Sdn. Bhd. (``Tag'') remain unchanged. 
See Final Determination at 28970.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Region System Sdn. Bhd. and Region International Co., Ltd...        2.66
All Others..................................................        2.66
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    The following cash deposit requirements will be effective upon 
publication of this notice for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication of this amended final determination, as provided by section 
751(a)(2) of the Act: (1) The cash deposit rate for Region will be the 
rate we determined in this amended final determination (i.e., 2.66 
percent); (2) the cash deposit rates for Inmax and Tag will continue to 
be those identified in the Final Determination (i.e., 39.35 percent) 
(3) if the exporter is not a firm identified in this investigation but 
the producer is, the rate will be the rate established for the producer 
of the subject merchandise; and (4) the rate for all other producers or 
exporters will be 2.66 percent, as indicated above. These suspension of 
liquidation instructions will remain in effect until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we notified the U.S. 
International Trade Commission (ITC) of the Final Determination and our 
amended final determination. As the Final Determination and our 
preliminary determination were both affirmative, in accordance with 
section

[[Page 34371]]

735(b)(3) of the Act, the ITC will determine within 45 days of the 
Final Determination whether the domestic industry in the United States 
is materially injured, or threatened with material injury, by reason of 
imports or sales (or the likelihood of sales) for importation of the 
subject merchandise. If the ITC determines that such injury exists, the 
Department will issue an antidumping duty order directing CBP to 
assess, upon further instruction by the Department, antidumping duties 
on all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.
    This amended final determination notice is published in accordance 
with section 735(e) of the Act and 19 CFR 351.224(e).

    Dated: June 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-14767 Filed 6-15-15; 8:45 am]
BILLING CODE 3510-DS-P