Certain Steel Nails From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 14092-14095 [2016-05994]
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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
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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.
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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).
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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’’).
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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
review (‘‘POR’’) is August 1, 2013,
through July 31, 2014.
DATES: Effective Date: March 16, 2016.
FOR FURTHER INFORMATION CONTACT: Julia
Hancock or Matthew Renkey, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone 202–482–1394 or 202–482–
2312, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
Preliminary Results on September 4,
2015.3 On December 21, 2015, the
Department extended the deadline in
this proceeding by 60 days.4 As
explained in the memorandum from the
Acting Assistant Secretary for
Enforcement and 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 March 7, 2016.5
In accordance with 19 CFR 351.309,
we invited parties to comment on our
Preliminary Results. On October 30,
2015, Qingdao D&L, et al.,6 Nanjing
Yuechang,7 National Nail,8 Petitioner,9
Shandong Oriental Cherry, and Tianjin
Jinchi 10 submitted timely-filed case
briefs, pursuant to our regulations.11
3 See
Preliminary Results.
Memorandum to Gary Taverman, ‘‘Certain
Steel Nails from the People’s Republic of China:
Extension of Deadline for Final Results of the Sixth
Antidumping Duty Administrative Review,’’
(December 21, 2015).
5 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,’’ (January 27, 2016).
6 Qingdao D&L Group Ltd. (‘‘Qingdao D&L’’), SDC
International Aust. PTY. Ltd. (‘‘SDC International’’),
Tianjin Lianda Group Co., Ltd. (‘‘Tianjin Lianda’’),
and Tianjin Universal Machinery Import & Exp.
Corporation (‘‘Tianjin Universal’’) (collectively,
‘‘Qingdao D&L, et al.’’).
7 Nanjing Yuechang Hardware Co., Ltd. (‘‘Nanjing
Yuechang’’).
8 National Nail Corp. (‘‘National Nail’’).
9 Mid Continent Steel & Wire, Inc. (‘‘Petitioner’’).
10 Tianjin Jinchi Metal Products Co., Ltd.
(‘‘Tianjin Jinchi’’).
11 See Letter to the Secretary from Qingdao D&L,
et al., ‘‘Certain Steel Nails from the People’s
Republic of China: Case Brief’’ (October 30, 2015)
(‘‘Qingdao D&L, et al.’s Case Brief’’); Letter to the
Secretary from Nanjing Yuechang, ‘‘Certain Steel
Nails from the People’s Republic of China; Case
Brief’’ (October 30, 2015) (‘‘Nanjing Yuechang’s
Case Brief’’); Letter to the Secretary from National
Nail, ‘‘Certain Steel Nails from the People’s
Republic of China: Case Brief’’ (October 30, 2015);
Letter to the Secretary from Petitioner, ‘‘Certain
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4 See
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Additionally, on November 6, 2015,
Petitioner and Stanley submitted timelyfiled rebuttal briefs.12 Moreover, on
November 20, 2015, Stanley submitted
its timely-filed case brief, pursuant to
our regulations.13 Finally, on January
12, 2016, the Department held a public
hearing where counsel for National Nail,
Petitioner, Shandong Oriental Cherry,
and Stanley presented issues raised in
their case and rebuttal briefs.
Scope of the Order
The merchandise covered by the order
includes certain steel nails having a
shaft length up to 12 inches. Certain
steel nails subject to the order are
currently classified under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings
7317.00.55, 7317.00.65, 7317.00.75, and
7907.00.6000.14 While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order, which is contained in the
accompanying Issues and Decision
Memorandum (‘‘I&D Memo’’), is
dispositive.15
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs by parties in this
review in the I&D Memo. Attached to
Steel Nails from the People’s Republic of China:
Case Brief’’ (October 30, 2015) (‘‘Petitioner’s Case
Brief’’); Letter to the Secretary from Shandong
Oriental Cherry, ‘‘Certain Steel Nails from the
People’s Republic of China: Case Brief,’’ (October
30, 2015) (‘‘Shandong Oriental Cherry’s Case
Brief’’); and Letter to the Secretary from Tianjin
Jinchi, ‘‘Certain Steel Nails from the People’s
Republic of China: Case Brief,’’ (October 30, 2015)
(‘‘Tianjin Jinchi’s Case Brief’’).
12 See Letter to the Secretary from Petitioner,
‘‘Certain Steel Nails from China: Petitioner’s
Rebuttal Brief’’ (November 6, 2015) (‘‘Petitioner’s
Rebuttal Brief’’); and Letter to the Secretary from
Stanley, ‘‘Certain Steel Nails from China: Stanley’s
Rebuttal Brief’’ (November 6, 2015) (‘‘Stanley’s
Rebuttal Brief’’).
13 See Letter to the Secretary from Stanley,
‘‘Certain Steel Nails from China: Stanley’s Revised
Case Brief’’ (November 20, 2015) (‘‘Stanley’s
Revised Case Brief’’).
14 The Department recently added the
Harmonized Tariff Schedule category 7907.00.6000,
‘‘Other articles of zinc: Other,’’ to the language of
the Order. See Memorandum to Gary Taverman,
Senior Advisor for Antidumping and
Countervailing Duty Operations, through James C.
Doyle, Director, Office 9, Antidumping and
Countervailing Duty Operations, regarding ‘‘Certain
Steel Nails from the People’s Republic of China:
Cobra Anchors Co. Ltd. Final Scope Ruling,’’
(September 19, 2013).
15 For a full description of the scope of the Order,
see Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Issues and Decision Memorandum for
the Final Results of Sixth Antidumping Duty
Administrative Review: Certain Steel Nails from the
People’s Republic of China’’ (March 7, 2016) (‘‘I&D
Memo’’) which is adopted by this notice.
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14093
this notice, in Appendix I, is a list of the
issues which parties raised. The I&D
Memo is a public document and is on
file in the Central Records Unit
(‘‘CRU’’), Room B8024 of the main
Department of Commerce building, as
well as electronically 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 in the
CRU. In addition, a complete version of
the I&D Memo can be accessed directly
on the internet at https://
enforcement.trade.gov/frn/.
The signed I&D Memo and the
electronic versions of the I&D Memo are
identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we revised the margin calculation for
Stanley. Accordingly, for the final
results, the Department has updated the
margin to be assigned to companies
eligible for a separate rate as the revised
calculated margin of the sole mandatory
respondent, Stanley, whose margin is
not zero, de minimis, or based on facts
available, unlike the other mandatory
respondent, Shandong Oriental Cherry,
whose margin is the PRC-wide entity
rate of 118.04 percent. The Surrogate
Values Memo contains further
explanation of our changes to the
surrogate values selected for Stanley’s
factors of production.16 For a list of all
issues addressed in these final results,
please refer to Appendix I
accompanying this notice.
Final Determination of No Shipments
In the Preliminary Results, the
Department preliminarily determined
that Besco Machinery Industry
(Zhejiang) Co., Ltd. (‘‘Besco’’), Certified
Products International Inc. (‘‘CPI’’),
Huanghua Jinhai Hardware Products
Co., Ltd. (‘‘Jinhai’’), Huanghua Xionghua
Hardware Products Co., Ltd.
(‘‘Huanghua Xionghua’’), Nanjing
Yuechang Hardware Co., Ltd.
(‘‘Yuechang’’), PT Enterprise Inc.,
Qingdao Jisco Co., Ltd. and Jisco
Corporation (collectively, ‘‘JISCO’’),
16 See Memorandum to the File, through Paul
Walker, Program Manager, Office V, Enforcement
and Compliance, from Julia Hancock, Senior
International Trade Analyst, Office V, Enforcement
and Compliance, regarding Sixth Antidumping
Administrative Review of Certain Steel Nails from
the People’s Republic of China: Surrogate Values for
the Final Results, dated concurrently with and
hereby adopted by this notice (‘‘Surrogate Values
Memo’’).
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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
Shanghai Jade Shuttle Hardware Tools
Co., Ltd. (‘‘Shanghai Jade Shuttle’’),
Shanghai Tengyu Hardware Tools Co.,
Ltd. (‘‘Shanghai Tengyu’’), Shanxi Yuci
Broad Wire Products Co., Ltd. (‘‘Shanxi
Yuci’’), and Zhejiang Gem-Chun
Hardware Accessory Co., Ltd (‘‘GemChun’’) did not have any reviewable
transactions during the POR. Consistent
with the Department’s assessment
practice in non-market economy
(‘‘NME’’) cases, we completed the
review with respect to the above-named
companies. Based on the certifications
submitted by the aforementioned
companies, and our analysis of CBP
information, we continue to determine
that these companies did not have any
reviewable transactions during the POR.
As noted in the ‘‘Assessment Rates’’
section below, the Department intends
to issue appropriate instructions to CBP
for the above-named companies based
on the final results of this review.
Final Results of Administrative Review
The weighted-average dumping
margins for the administrative review
are as follows:
Weightedaverage
margin
(percent)
Exporter
Stanley .................................................................................................................................................................................................
Chiieh Yung Metal Ind. Corp ...............................................................................................................................................................
Dezhou Hualude Hardware Products Co., Ltd ....................................................................................................................................
Hebei Cangzhou New Century Foreign Trade Co., Ltd ......................................................................................................................
Nanjing Caiqing Hardware Co., Ltd .....................................................................................................................................................
Qingdao D&L Group Ltd ......................................................................................................................................................................
SDC International Aust. PTY. Ltd ........................................................................................................................................................
Shandong Dinglong Import & Export Co., Ltd .....................................................................................................................................
Shanghai Curvet Hardware Products Co., Ltd ....................................................................................................................................
Shanghai Yueda Nails Industry Co., Ltd .............................................................................................................................................
Shanxi Hairui Trade Co., Ltd ...............................................................................................................................................................
Shanxi Pioneer Hardware Industrial Co., Ltd ......................................................................................................................................
Shanxi Tianli Industries Co., Ltd .........................................................................................................................................................
S-Mart (Tianjin) Technology Development Co., Ltd ............................................................................................................................
Suntec Industries Co., Ltd ...................................................................................................................................................................
Tianjin Jinchi Metal Products Co., Ltd .................................................................................................................................................
Tianjin Jinghai County Hongli Industry & Business Co., Ltd ..............................................................................................................
Tianjin Lianda Group Co., Ltd .............................................................................................................................................................
Tianjin Universal Machinery Imp. & Exp. Corporation ........................................................................................................................
Tianjin Zhonglian Metals Ware Co., Ltd ..............................................................................................................................................
Xi’an Metals & Minerals Import & Export Co., Ltd ..............................................................................................................................
mstockstill on DSK4VPTVN1PROD with NOTICES
In addition, the Department continues
to find that the companies identified in
Appendix to the Issues and Decision
Memorandum, attached to this notice,
are part of the PRC-wide entity.17
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (the
‘‘Act’’), and 19 CFR 351.212(b), the
Department has determined, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. The
Department intends to issue appropriate
assessment instructions directly to CBP
15 days after publication of the final
results of this administrative review.
Where the respondent reported
reliable entered values, we calculated
importer- (or customer specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
17 The Department notes that a company, Nanjing
Yuechang Hardware Co., Ltd. (‘‘Yuechang’’), is no
longer being considered part of the PRC-wide
entity, as discussed in Comment 13 of the Issues
and Decision Memorandum.
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18:11 Mar 15, 2016
Jkt 238001
entered value of the sales to each
importer (or customer).18 Where the
Department calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, the Department will direct
CBP to assess importer-specific
assessment rates based on the resulting
per-unit rates.19 Where an importer- (or
customer-) specific ad valorem or perunit rate is greater than de minimis, the
Department will instruct CBP to collect
the appropriate duties at the time of
liquidation.20 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis, the
Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.21 We
intend to instruct CBP to liquidate
entries containing subject merchandise
exported by the PRC-wide entity at the
PRC-wide rate.
Pursuant to the Department’s
assessment practice, for entries that
18 See
20 Id.
PO 00000
were not reported in the U.S. sales
databases submitted by companies
individually examined during this
review, the Department will instruct
CBP to liquidate such entries at the
PRC-wide entity rate. Additionally, if
the Department determines that an
exporter had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
PRC-wide entity rate.22
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporter listed above, the cash deposit
rate will be the rate established in the
final results of review (except, if the rate
is zero or de minimis, i.e., less than 0.5
19 CFR 351.212(b)(1).
19 Id.
21 See
11.95
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11.95
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19 CFR 351.106(c)(2).
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22 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
percent, a zero cash deposit rate will be
required for that company); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-Wide rate of 118.04 percent;
and (4) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporters that supplied that nonPRC exporter. The deposit requirements
shall remain in effect until further
notice.
Disclosure
We intend to disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
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 POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
mstockstill on DSK4VPTVN1PROD with NOTICES
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction 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 terms of an APO is a
violation which is subject to sanction.
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i) of the Act.
18:11 Mar 15, 2016
Jkt 238001
Appendix I—Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Withdrawal of the Regulatory
Provisions Governing Targeted Dumping
in Less-than-Fair-Value Investigations
Comment 2: Differential Pricing
Methodology
Comment 3: Calculation of Separate Rate
Margin
Comment 4: Application of Total Adverse
Facts Available (‘‘AFA’’) to Shandong
Oriental Cherry
Comment 5: Granting a Separate Rate to the
Shandong Oriental Cherry Entity
Comment 6: Rejection of Stanley’s Case
Brief
Comment 7: Surrogate Value for Stanley’s
Steel Wire Rod Input
Comment 8: Surrogate Value for Stanley’s
Plastic Granules
Comment 9: Treatment of Stanley’s Rubber
Bands
Comment 10: Use of Customer Code or
Common Customer Code in the Cohen’s
d Test To Identify the Purchaser in
Stanley’s Margin Program
Comment 11: Granting of Separate Rates to
Qingdao D&L, et al.
Comment 12: Tianjin Jinchi’s Status in
This Review
Comment 13: Yuechang’s Status in This
Review
V. Conclusion
[FR Doc. 2016–05994 Filed 3–15–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Administrative Protective Orders
VerDate Sep<11>2014
Dated: March 7, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
RIN 0648–XC969
Draft Guidance for Assessing the
Effects of Anthropogenic Sound on
Marine Mammal Hearing—Acoustic
Threshold Levels for Onset of
Permanent and Temporary Threshold
Shifts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The National Marine
Fisheries Service (NMFS), on behalf of
NMFS and the National Ocean Service
(referred collectively here as the
National Oceanic and Atmospheric
Administration (NOAA)), announces the
availability of a document containing
SUMMARY:
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14095
proposed changes to its Draft Guidance
for Assessing the Effects of
Anthropogenic Sound on Marine
Mammal Hearing. The Guidance
provides updated received levels, or
thresholds, at which individual marine
mammals under NOAA’s management
authority are predicted to experience
changes in their hearing sensitivity
(either temporary or permanent) for all
underwater anthropogenic sound
sources. NOAA has re-evaluated and
modified several parts of the Draft
Guidance and is soliciting public
comment on the proposed changes.
DATES: Comments must be received by
March 30, 2016.
ADDRESSES: The proposed changes to
the Draft Guidance are available in
electronic form via the Internet at https://
www.nmfs.noaa.gov/pr/acoustics/.
You may submit comments, which
should be identified with NOAA–
NMFS–2013–0177, by either of the
following methods:
Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
Mail: Send comments to: Chief,
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E:\FR\FM\16MRN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14092-14095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05994]
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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
AGENCY: 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
[[Page 14093]]
review (``POR'') is August 1, 2013, through July 31, 2014.
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
DATES: Effective Date: March 16, 2016.
FOR FURTHER INFORMATION CONTACT: Julia Hancock or Matthew Renkey, AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-1394
or 202-482-2312, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on September 4,
2015.\3\ On December 21, 2015, the Department extended the deadline in
this proceeding by 60 days.\4\ As explained in the memorandum from the
Acting Assistant Secretary for Enforcement and 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 March 7, 2016.\5\
---------------------------------------------------------------------------
\3\ See Preliminary Results.
\4\ See Memorandum to Gary Taverman, ``Certain Steel Nails from
the People's Republic of China: Extension of Deadline for Final
Results of the Sixth Antidumping Duty Administrative Review,''
(December 21, 2015).
\5\ 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,'' (January 27, 2016).
---------------------------------------------------------------------------
In accordance with 19 CFR 351.309, we invited parties to comment on
our Preliminary Results. On October 30, 2015, Qingdao D&L, et al.,\6\
Nanjing Yuechang,\7\ National Nail,\8\ Petitioner,\9\ Shandong Oriental
Cherry, and Tianjin Jinchi \10\ submitted timely-filed case briefs,
pursuant to our regulations.\11\ Additionally, on November 6, 2015,
Petitioner and Stanley submitted timely-filed rebuttal briefs.\12\
Moreover, on November 20, 2015, Stanley submitted its timely-filed case
brief, pursuant to our regulations.\13\ Finally, on January 12, 2016,
the Department held a public hearing where counsel for National Nail,
Petitioner, Shandong Oriental Cherry, and Stanley presented issues
raised in their case and rebuttal briefs.
---------------------------------------------------------------------------
\6\ Qingdao D&L Group Ltd. (``Qingdao D&L''), SDC International
Aust. PTY. Ltd. (``SDC International''), Tianjin Lianda Group Co.,
Ltd. (``Tianjin Lianda''), and Tianjin Universal Machinery Import &
Exp. Corporation (``Tianjin Universal'') (collectively, ``Qingdao
D&L, et al.'').
\7\ Nanjing Yuechang Hardware Co., Ltd. (``Nanjing Yuechang'').
\8\ National Nail Corp. (``National Nail'').
\9\ Mid Continent Steel & Wire, Inc. (``Petitioner'').
\10\ Tianjin Jinchi Metal Products Co., Ltd. (``Tianjin
Jinchi'').
\11\ See Letter to the Secretary from Qingdao D&L, et al.,
``Certain Steel Nails from the People's Republic of China: Case
Brief'' (October 30, 2015) (``Qingdao D&L, et al.'s Case Brief'');
Letter to the Secretary from Nanjing Yuechang, ``Certain Steel Nails
from the People's Republic of China; Case Brief'' (October 30, 2015)
(``Nanjing Yuechang's Case Brief''); Letter to the Secretary from
National Nail, ``Certain Steel Nails from the People's Republic of
China: Case Brief'' (October 30, 2015); Letter to the Secretary from
Petitioner, ``Certain Steel Nails from the People's Republic of
China: Case Brief'' (October 30, 2015) (``Petitioner's Case
Brief''); Letter to the Secretary from Shandong Oriental Cherry,
``Certain Steel Nails from the People's Republic of China: Case
Brief,'' (October 30, 2015) (``Shandong Oriental Cherry's Case
Brief''); and Letter to the Secretary from Tianjin Jinchi, ``Certain
Steel Nails from the People's Republic of China: Case Brief,''
(October 30, 2015) (``Tianjin Jinchi's Case Brief'').
\12\ See Letter to the Secretary from Petitioner, ``Certain
Steel Nails from China: Petitioner's Rebuttal Brief'' (November 6,
2015) (``Petitioner's Rebuttal Brief''); and Letter to the Secretary
from Stanley, ``Certain Steel Nails from China: Stanley's Rebuttal
Brief'' (November 6, 2015) (``Stanley's Rebuttal Brief'').
\13\ See Letter to the Secretary from Stanley, ``Certain Steel
Nails from China: Stanley's Revised Case Brief'' (November 20, 2015)
(``Stanley's Revised Case Brief'').
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order includes certain steel nails
having a shaft length up to 12 inches. Certain steel nails subject to
the order are currently classified under the Harmonized Tariff Schedule
of the United States (``HTSUS'') subheadings 7317.00.55, 7317.00.65,
7317.00.75, and 7907.00.6000.\14\ While the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of the order, which is contained in the accompanying
Issues and Decision Memorandum (``I&D Memo''), is dispositive.\15\
---------------------------------------------------------------------------
\14\ The Department recently added the Harmonized Tariff
Schedule category 7907.00.6000, ``Other articles of zinc: Other,''
to the language of the Order. See Memorandum to Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations,
through James C. Doyle, Director, Office 9, Antidumping and
Countervailing Duty Operations, regarding ``Certain Steel Nails from
the People's Republic of China: Cobra Anchors Co. Ltd. Final Scope
Ruling,'' (September 19, 2013).
\15\ For a full description of the scope of the Order, see
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Issues and
Decision Memorandum for the Final Results of Sixth Antidumping Duty
Administrative Review: Certain Steel Nails from the People's
Republic of China'' (March 7, 2016) (``I&D Memo'') which is adopted
by this notice.
---------------------------------------------------------------------------
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs by
parties in this review in the I&D Memo. Attached to this notice, in
Appendix I, is a list of the issues which parties raised. The I&D Memo
is a public document and is on file in the Central Records Unit
(``CRU''), Room B8024 of the main Department of Commerce building, as
well as electronically 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
in the CRU. In addition, a complete version of the I&D Memo can be
accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed I&D Memo and the electronic versions of the I&D
Memo are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we revised the
margin calculation for Stanley. Accordingly, for the final results, the
Department has updated the margin to be assigned to companies eligible
for a separate rate as the revised calculated margin of the sole
mandatory respondent, Stanley, whose margin is not zero, de minimis, or
based on facts available, unlike the other mandatory respondent,
Shandong Oriental Cherry, whose margin is the PRC-wide entity rate of
118.04 percent. The Surrogate Values Memo contains further explanation
of our changes to the surrogate values selected for Stanley's factors
of production.\16\ For a list of all issues addressed in these final
results, please refer to Appendix I accompanying this notice.
---------------------------------------------------------------------------
\16\ See Memorandum to the File, through Paul Walker, Program
Manager, Office V, Enforcement and Compliance, from Julia Hancock,
Senior International Trade Analyst, Office V, Enforcement and
Compliance, regarding Sixth Antidumping Administrative Review of
Certain Steel Nails from the People's Republic of China: Surrogate
Values for the Final Results, dated concurrently with and hereby
adopted by this notice (``Surrogate Values Memo'').
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
that Besco Machinery Industry (Zhejiang) Co., Ltd. (``Besco''),
Certified Products International Inc. (``CPI''), Huanghua Jinhai
Hardware Products Co., Ltd. (``Jinhai''), Huanghua Xionghua Hardware
Products Co., Ltd. (``Huanghua Xionghua''), Nanjing Yuechang Hardware
Co., Ltd. (``Yuechang''), PT Enterprise Inc., Qingdao Jisco Co., Ltd.
and Jisco Corporation (collectively, ``JISCO''),
[[Page 14094]]
Shanghai Jade Shuttle Hardware Tools Co., Ltd. (``Shanghai Jade
Shuttle''), Shanghai Tengyu Hardware Tools Co., Ltd. (``Shanghai
Tengyu''), Shanxi Yuci Broad Wire Products Co., Ltd. (``Shanxi Yuci''),
and Zhejiang Gem-Chun Hardware Accessory Co., Ltd (``Gem-Chun'') did
not have any reviewable transactions during the POR. Consistent with
the Department's assessment practice in non-market economy (``NME'')
cases, we completed the review with respect to the above-named
companies. Based on the certifications submitted by the aforementioned
companies, and our analysis of CBP information, we continue to
determine that these companies did not have any reviewable transactions
during the POR. As noted in the ``Assessment Rates'' section below, the
Department intends to issue appropriate instructions to CBP for the
above-named companies based on the final results of this review.
Final Results of Administrative Review
The weighted-average dumping margins for the administrative review
are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter margin
(percent)
------------------------------------------------------------------------
Stanley................................................. 11.95
Chiieh Yung Metal Ind. Corp............................. 11.95
Dezhou Hualude Hardware Products Co., Ltd............... 11.95
Hebei Cangzhou New Century Foreign Trade Co., Ltd....... 11.95
Nanjing Caiqing Hardware Co., Ltd....................... 11.95
Qingdao D&L Group Ltd................................... 11.95
SDC International Aust. PTY. Ltd........................ 11.95
Shandong Dinglong Import & Export Co., Ltd.............. 11.95
Shanghai Curvet Hardware Products Co., Ltd.............. 11.95
Shanghai Yueda Nails Industry Co., Ltd.................. 11.95
Shanxi Hairui Trade Co., Ltd............................ 11.95
Shanxi Pioneer Hardware Industrial Co., Ltd............. 11.95
Shanxi Tianli Industries Co., Ltd....................... 11.95
S-Mart (Tianjin) Technology Development Co., Ltd........ 11.95
Suntec Industries Co., Ltd.............................. 11.95
Tianjin Jinchi Metal Products Co., Ltd.................. 11.95
Tianjin Jinghai County Hongli Industry & Business Co., 11.95
Ltd....................................................
Tianjin Lianda Group Co., Ltd........................... 11.95
Tianjin Universal Machinery Imp. & Exp. Corporation..... 11.95
Tianjin Zhonglian Metals Ware Co., Ltd.................. 11.95
Xi'an Metals & Minerals Import & Export Co., Ltd........ 11.95
------------------------------------------------------------------------
In addition, the Department continues to find that the companies
identified in Appendix to the Issues and Decision Memorandum, attached
to this notice, are part of the PRC-wide entity.\17\
---------------------------------------------------------------------------
\17\ The Department notes that a company, Nanjing Yuechang
Hardware Co., Ltd. (``Yuechang''), is no longer being considered
part of the PRC-wide entity, as discussed in Comment 13 of the
Issues and Decision Memorandum.
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the ``Act''), and 19 CFR 351.212(b), the Department has
determined, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review. The
Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of the final results of this
administrative review.
Where the respondent reported reliable entered values, we
calculated importer- (or customer specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\18\ Where the
Department calculated a weighted-average dumping margin by dividing the
total amount of dumping for reviewed sales to that party by the total
sales quantity associated with those transactions, the Department will
direct CBP to assess importer-specific assessment rates based on the
resulting per-unit rates.\19\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis, the
Department will instruct CBP to collect the appropriate duties at the
time of liquidation.\20\ Where an importer- (or customer-) specific ad
valorem or per-unit rate is zero or de minimis, the Department will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\21\ We intend to instruct CBP to liquidate entries
containing subject merchandise exported by the PRC-wide entity at the
PRC-wide rate.
---------------------------------------------------------------------------
\18\ See 19 CFR 351.212(b)(1).
\19\ Id.
\20\ Id.
\21\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Pursuant to the Department's assessment practice, for entries that
were not reported in the U.S. sales databases submitted by companies
individually examined during this review, the Department will instruct
CBP to liquidate such entries at the PRC-wide entity rate.
Additionally, if the Department determines that an exporter had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the PRC-wide entity rate.\22\
---------------------------------------------------------------------------
\22\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter
listed above, the cash deposit rate will be the rate established in the
final results of review (except, if the rate is zero or de minimis,
i.e., less than 0.5
[[Page 14095]]
percent, a zero cash deposit rate will be required for that company);
(2) for previously investigated or reviewed PRC and non-PRC exporters
not listed above that have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (3) for all PRC exporters of subject merchandise which have not
been found to be entitled to a separate rate, the cash deposit rate
will be the PRC-Wide rate of 118.04 percent; and (4) for all non-PRC
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the PRC
exporters that supplied that non-PRC exporter. The deposit requirements
shall remain in effect until further notice.
Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this proceeding
in accordance with 19 CFR 351.224(b).
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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction 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
terms of an APO is a violation which is subject to sanction.
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: March 7, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Withdrawal of the Regulatory Provisions Governing
Targeted Dumping in Less-than-Fair-Value Investigations
Comment 2: Differential Pricing Methodology
Comment 3: Calculation of Separate Rate Margin
Comment 4: Application of Total Adverse Facts Available
(``AFA'') to Shandong Oriental Cherry
Comment 5: Granting a Separate Rate to the Shandong Oriental
Cherry Entity
Comment 6: Rejection of Stanley's Case Brief
Comment 7: Surrogate Value for Stanley's Steel Wire Rod Input
Comment 8: Surrogate Value for Stanley's Plastic Granules
Comment 9: Treatment of Stanley's Rubber Bands
Comment 10: Use of Customer Code or Common Customer Code in the
Cohen's d Test To Identify the Purchaser in Stanley's Margin Program
Comment 11: Granting of Separate Rates to Qingdao D&L, et al.
Comment 12: Tianjin Jinchi's Status in This Review
Comment 13: Yuechang's Status in This Review
V. Conclusion
[FR Doc. 2016-05994 Filed 3-15-16; 8:45 am]
BILLING CODE 3510-DS-P
