Brass Sheet and Strip From France: Final Results of Antidumping Duty Administrative Review; 2014-2015, 14091-14092 [2016-05992]

Download as PDF Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices 351.224(e) provides that the Department ‘‘will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination.’’ A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated in the original (erroneous) preliminary determination; or (2) a difference between a weighted-average dumping margin of zero or de minimis and a weighted-average dumping margin of greater than de minimis or vice versa.2 mstockstill on DSK4VPTVN1PROD with NOTICES Ministerial Error Allegation Productos Laminados de Monterrey S.A. de C.V. (Prolamsa) argues that the Department in its margin calculations incorrectly referenced the variable name for the production quantity reported in Prolamsa’ cost of production database as ‘‘QUANTITY,’’ rather than ‘‘PRODQTY.’’ 3 As a result of this error, Prolamsa points out that the Department failed to weight average Prolamsa’s reported costs by production quantity, but instead calculated a simple average of Prolamsa’s costs. We agree with Prolamsa. Moreover, pursuant to 19 CFR 351.224(g)(2), this error is significant because the correction of the error results in a change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin originally calculated for Prolamsa. Therefore, we are correcting the error alleged by Prolamsa and we are amending our preliminary determination accordingly. The collection of cash deposits and suspension of liquidation will be revised accordingly in accordance with sections 733(d) and (f) of the Act and 19 CFR 351.224. Because the correction of the error for Prolamsa results in a reduced cash deposit rate, the revised rates calculated for Prolamsa and the companies covered by the ‘‘all others’’ rate will be effective retroactively to March 1, 2016, the date of publication of the Preliminary Determination. Amended Preliminary Determination We are amending the preliminary determination of sales at LTFV for HWR pipes and tubes from Mexico to reflect 2 See 19 CFR 351.224(g)(1) and (2). letter from Prolamsa entitled, ‘‘Heavy Walled Rectangular Carbon Steel Pipes and Tubes from Mexico: Ministerial Error Comments,’’ dated February 29, 2016, at page 3. 3 See VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 the correction of a ministerial error made in the margin calculation of that determination for Prolamsa. As a result of the correction of the ministerial error, the revised weighted-average dumping margins are as follows: Exporter/manufacturer Weighted-average dumping margin (percent) 14091 DEPARTMENT OF COMMERCE International Trade Administration [A–427–602] Brass Sheet and Strip From France: Final Results of Antidumping Duty Administrative Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Productos Laminados de Department of Commerce. Monterrey S.A. de C.V. 5.17 SUMMARY: On December 1, 2015, the 4 4.92 All Others ........................ Department of Commerce (the Department) published the preliminary International Trade Commission (ITC) results of the administrative review of Notification the antidumping duty order on brass sheet and strip from France.1 The In accordance with section 733(f) of review covers Griset SA (Griset) and the Act, we are notifying the International Trade Commission (ITC) of KME France SAS (KME France). The our amended preliminary determination period of review (POR) is March 1, 2014, through February 28, 2015. We of sales at LTFV. If our final invited interested parties to comment on determination is affirmative, the ITC our Preliminary Results. No parties will determine before the later of 120 commented, and our final results days after the date of this preliminary remain unchanged from our Preliminary determination or 45 days after our final Results. The final results are listed in determination whether these imports the section entitled ‘‘Final Results of are materially injuring, or threaten Review’’ below. material injury to, the U.S. industry.5 DATES: Effective Date: March 16, 2016. Notification to Interested Parties FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD The Department intends to disclose Operations, Office VI, Enforcement and calculations performed in connection Compliance, International Trade with this amended preliminary Administration, U.S. Department of determination within five days of the Commerce, 14th Street and Constitution date of publication of this notice in Avenue NW., Washington, DC 20230; accordance with 19 CFR 351.224(b). telephone: (202) 482–6312 or (202) 482– 0649, respectively. This determination is issued and published in accordance with sections SUPPLEMENTARY INFORMATION: 733(f) and 777(i) of the Act and 19 CFR Background 351.224(e). On December 1, 2015, the Department Dated: March 9, 2016. published the preliminary results of this Paul Piquado, review in the Federal Register. See Assistant Secretary for Enforcement and Preliminary Results. We invited parties Compliance. to comment on the Preliminary Results. [FR Doc. 2016–05943 Filed 3–15–16; 8:45 am] No party commented, nor did any party request a hearing. BILLING CODE 3510–DS–P As explained in the memorandum from the Acting Assistant Secretary for Enforcement & Compliance, the Department has exercised its discretion 4 In this investigation, we based our calculation to toll all administrative deadlines due of the all-others rate on the weighted-average of the to the recent closure of the Federal margins calculated for Maquilacero S.A. de C.V. Government. All deadlines in this and Prolamsa using publicly-ranged data. Because we cannot apply our normal methodology of segment of the proceeding have been calculating a weighted-average margin due to extended by four business days. The requests to protect business-proprietary revised deadline for the final results of information, we find this rate to be the best proxy this review is now April 5, 2016.2 of the actual weighted-average margin determined for these respondents. For further discussion of this calculation, see the memorandum entitled ‘‘LessThan-Fair-Value Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico: Calculation of the All-Others Rate for the Amended Preliminary Determination,’’ dated concurrently with this notice. 5 See 735(b)(2) of the Act. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 AGENCY: 1 See Brass Sheet and Strip From France: Preliminary Results of Antidumping Duty Administrative Review; 2014–2015, 80 FR 75055 (December 1, 2015) (Preliminary Results). 2 See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding ‘‘Tolling of Administrative E:\FR\FM\16MRN1.SGM Continued 16MRN1 14092 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices the publication date, as provided by section 751(a)(2)(C) of the Tariff Act of The product covered by the order is 1930, as amended (the Act): (1) For brass sheet and strip, other than leaded Griset or KME France, the cash deposit and tinned brass sheet and strip, from rate will be equal to the weightedFrance. The merchandise is currently average dumping margin listed above; classified under Harmonized Tariff (2) for previously reviewed or Schedule of the United States (HTSUS) investigated companies not listed above, item numbers 7409.21.00 and the cash deposit rate will continue to be 7409.29.00.3 the company-specific rate published for Final Results of Review the most recently completed segment of As noted above, the Department has this proceeding in which that received no comments concerning the manufacturer or exporter participated; Preliminary Results on the record of this (3) if the exporter is not a firm covered segment of the proceeding. As there are in this review, a prior review, or the no changes from, or comments upon, original LTFV investigation, but the the Preliminary Results, there is no producer is, the cash deposit rate will be decision memorandum accompanying the rate established for the most recently this Federal Register notice. For further completed segment of this proceeding details of the issues addressed in this for the producer of the merchandise; proceeding, see Preliminary Results. and (4) if neither the exporter nor the The final weighted-average dumping producer is a firm covered in this margin for the period March 1, 2014, review, any previous review, or the through February 28, 2015, is as follows: original investigation, the cash deposit rate will be 42.24 percent ad valorem, Estimated weighted-average the ‘‘all others’’ rate established in the Producer or exporter dumping margin LTFV investigation.4 These cash deposit (percent) requirements, when imposed, shall remain in effect until further notice. Griset SA ........................ 42.24 KME France SAS ........... 42.24 Notification to Importers Scope of the Order Assessment The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212(b)(1). The Department intends to issue appropriate assessment instructions for the companies subject to this review to CBP 15 days after the date of publication of these final results. We shall instruct CBP to apply an ad valorem assessment rate of 42.24 percent to all entries of subject merchandise during the POR which were produced and/or exported by Griset or KME France. Cash Deposit Requirements mstockstill on DSK4VPTVN1PROD with NOTICES The following deposit rates will be effective upon publication of the final results of this administrative review for all shipments of brass sheet and strip from France entered, or withdrawn from warehouse, for consumption on or after Deadlines As a Result of the Government Closure During Snowstorm Jonas,’’ dated January 27, 2016. Therefore, the deadline for signature of these final results will be Tuesday, April 5, 2016. 3 For a full description of the scope of the order, see the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled ‘‘Decision Memorandum for Preliminary Results of the 2014–2015 Antidumping Duty Administrative Review: Brass Sheet and Strip from France,’’ dated November 17, 2015. VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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. Administrative Protective Order Notification to Interested Parties This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. 4 See Antidumping Duty Order; Brass Sheet and Strip From France, 52 FR 6995 (March 6, 1987). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Notification to Interested Parties This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1). Dated: March 9, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–05992 Filed 3–15–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Certain Steel Nails From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) published the Preliminary Results of the sixth administrative review of the antidumping duty order on certain steel nails from the People’s Republic of China (‘‘PRC’’) on September 4, 2015.1 We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculation for these final results regarding one of the mandatory respondents, Stanley.2 We also continue to find that the other mandatory respondent, Shandong Oriental Cherry Hardware Group Co., Ltd. (‘‘Shandong Oriental Cherry’’), withheld requested information, significantly impeded this administrative review, and did not cooperate to the best of its ability. Accordingly, pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as amended (‘‘the Act’’), we continue to apply total adverse facts available (‘‘AFA’’) to Shandong Oriental Cherry and find that it is not eligible for separate rate status and, thus, is part of the PRC-wide entity. The final dumping margins are listed below in the ‘‘Final Results of Administrative Review’’ section of this notice. The period of AGENCY: 1 See Certain Steel Nails from the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2013– 2014, 80 FR 53490 (September 4, 2015) (‘‘Preliminary Results’’) and accompanying Preliminary Decision Memorandum. 2 The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc. (collectively, ‘‘Stanley’’). E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14091-14092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05992]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-602]


Brass Sheet and Strip From France: Final Results of Antidumping 
Duty Administrative Review; 2014-2015

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

SUMMARY: On December 1, 2015, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on brass sheet and strip from 
France.\1\ The review covers Griset SA (Griset) and KME France SAS (KME 
France). The period of review (POR) is March 1, 2014, through February 
28, 2015. We invited interested parties to comment on our Preliminary 
Results. No parties commented, and our final results remain unchanged 
from our Preliminary Results. The final results are listed in the 
section entitled ``Final Results of Review'' below.
---------------------------------------------------------------------------

    \1\ See Brass Sheet and Strip From France: Preliminary Results 
of Antidumping Duty Administrative Review; 2014-2015, 80 FR 75055 
(December 1, 2015) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: March 16, 2016.

FOR FURTHER INFORMATION CONTACT: Mark Flessner 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-
6312 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 1, 2015, the Department published the preliminary 
results of this review in the Federal Register. See Preliminary 
Results. We invited parties to comment on the Preliminary Results. No 
party commented, nor did any party request a hearing.
    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement & Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of the 
proceeding have been extended by four business days. The revised 
deadline for the final results of this review is now April 5, 2016.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Snowstorm 
Jonas,'' dated January 27, 2016. Therefore, the deadline for 
signature of these final results will be Tuesday, April 5, 2016.

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[[Page 14092]]

Scope of the Order

    The product covered by the order is brass sheet and strip, other 
than leaded and tinned brass sheet and strip, from France. The 
merchandise is currently classified under Harmonized Tariff Schedule of 
the United States (HTSUS) item numbers 7409.21.00 and 7409.29.00.\3\
---------------------------------------------------------------------------

    \3\ For a full description of the scope of the order, see the 
memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, entitled 
``Decision Memorandum for Preliminary Results of the 2014-2015 
Antidumping Duty Administrative Review: Brass Sheet and Strip from 
France,'' dated November 17, 2015.
---------------------------------------------------------------------------

Final Results of Review

    As noted above, the Department has received no comments concerning 
the Preliminary Results on the record of this segment of the 
proceeding. As there are no changes from, or comments upon, the 
Preliminary Results, there is no decision memorandum accompanying this 
Federal Register notice. For further details of the issues addressed in 
this proceeding, see Preliminary Results. The final weighted-average 
dumping margin for the period March 1, 2014, through February 28, 2015, 
is as follows:

------------------------------------------------------------------------
                                                           Estimated
                                                        weighted-average
                 Producer or exporter                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
Griset SA............................................              42.24
KME France SAS.......................................              42.24
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, in accordance with 19 CFR 351.212(b)(1). The Department 
intends to issue appropriate assessment instructions for the companies 
subject to this review to CBP 15 days after the date of publication of 
these final results. We shall instruct CBP to apply an ad valorem 
assessment rate of 42.24 percent to all entries of subject merchandise 
during the POR which were produced and/or exported by Griset or KME 
France.

Cash Deposit Requirements

    The following deposit rates will be effective upon publication of 
the final results of this administrative review for all shipments of 
brass sheet and strip from France entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): 
(1) For Griset or KME France, the cash deposit rate will be equal to 
the weighted-average dumping margin listed above; (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding in which that 
manufacturer or exporter participated; (3) if the exporter is not a 
firm covered in this review, a prior review, or the original LTFV 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the merchandise; and (4) if neither the 
exporter nor the producer is a firm covered in this review, any 
previous review, or the original investigation, the cash deposit rate 
will be 42.24 percent ad valorem, the ``all others'' rate established 
in the LTFV investigation.\4\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duty Order; Brass Sheet and Strip From 
France, 52 FR 6995 (March 6, 1987).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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.

Administrative Protective Order Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213(h)(1).

    Dated: March 9, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-05992 Filed 3-15-16; 8:45 am]
 BILLING CODE 3510-DS-P
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