Certain Steel Nails From Malaysia: Preliminary Results of the Changed Circumstances Review, 87907-87909 [2016-29196]

Download as PDF Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Rescission of Sunbeauty New Shipper Review For the reasons detailed in the Preliminary Decision Memorandum, the Department preliminarily finds that, Sunbeauty’s sales under review are not bona fide transactions. As such, the Department preliminarily finds that we cannot rely on these sales to calculate a dumping margin and there are no sales on which we can base this review. Consequently, the Department is preliminarily rescinding the new shipper review of Sunbeauty. mstockstill on DSK3G9T082PROD with NOTICES Disclosure and Public Comment The Department will disclose the analysis performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit written comments by no later than 30 days after the date of publication of these preliminary results of review.9 Rebuttals, limited to issues raised in the written comments, may be filed by no later than five days after the written comments are filed.10 Any interested party may request a hearing within 30 days of publication of this notice.11 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.12 The Department intends to issue the final results of this new shipper review, which will include the results of its analysis of issues raised in any such comments, within 90 days of publication of these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act. Assessment Rates Upon completion of the final results, pursuant to 19 CFR 351.212(b), the 19 CFR 351.309(c). 19 CFR 351.309(d). 11 See 19 CFR 351.310(c). 12 See 19 CFR 351.310(d). Department will determine, and the U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries. If we proceed to a final rescission of the new shipper review, Sunbeauty’s entries will be assessed at the rate entered.13 If we do not proceed to a final rescission of the new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific assessment rates. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this review is above de minimis.14 Cash Deposit Requirements Effective upon publication of the final rescission or the final results of this new shipper review, we will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise by Sunbeauty. If the Department proceeds to a final rescission of the new shipper review, the cash deposit rate will continue to be the PRC-wide rate. If we issue final results of the new shipper review for Sunbeauty, we will instruct CBP to collect cash deposits, effective upon the publication of the final results, at the rates established therein. Notification to Importers This notice also serves as a preliminary 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties, The Department is issuing and publishing these results in accordance with sections 751(a)(2)(B) and 777(i)(l) of the Act, and 19 CFR 351.214 and 19 CFR 351.221(b)(4). Dated: November 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–29230 Filed 12–5–16; 8:45 a.m.] BILLING CODE 3510–DS–P 9 See 10 See VerDate Sep<11>2014 17:39 Dec 05, 2016 13 See 14 See Jkt 241001 PO 00000 19 CFR 351.212(c). 19 CFR 351.106(c)(2). Frm 00006 Fmt 4703 Sfmt 4703 87907 DEPARTMENT OF COMMERCE International Trade Administration [A–557–816] Certain Steel Nails From Malaysia: Preliminary Results of the Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 17, 2015, the Department of Commerce (the ‘‘Department’’) initiated a changed circumstance review (‘‘CCR’’) of the antidumping duty (‘‘AD’’) order on certain steel nails (‘‘nails’’) from Malaysia. Pursuant to section 751(b) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.216, the Department preliminarily determines that Inmax Sdn. Bhd. (‘‘Inmax Sdn’’) and Inmax Industries Sdn. Bhd. (‘‘Inmax Industries’’) (collectively, ‘‘Inmax’’) should be collapsed and assigned the same AD cash deposit rate for purposes of determining AD liability in this proceeding. Interested parties are invited to comment on these preliminary results. DATES: Effective December 6, 2016. FOR FURTHER INFORMATION CONTACT: Moses Song, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5041. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 13, 2015, the Department published the AD order on nails from Malaysia in the Federal Register.1 On September 2, 2015, Mid Continent Steel & Wire, Inc. (‘‘Petitioner’’) requested that the Department conduct a CCR, pursuant to section 751(b) of the Act and 19 CFR 351.216, to determine that Inmax Sdn and Inmax Industries should be collapsed and assigned the same AD cash deposit rate assigned to Inmax Sdn.2 On November 17, 2015, the Department initiated this CCR, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(c) and (d), upon finding that there is sufficient information and ‘‘good cause’’ regarding new trading 1 See Certain Steel Nails From the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) (‘‘Order’’). 2 See Letter from Petitioner to the Department, regarding ‘‘Certain Steel Nails from Malaysia: Request for Changed Circumstances Review,’’ dated September 2, 2015 (‘‘CCR Request’’). E:\FR\FM\06DEN1.SGM 06DEN1 87908 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices Methodology patterns and possible evasion of the Order.3 Scope of the Order mstockstill on DSK3G9T082PROD with NOTICES The merchandise covered by the Order is certain steel nails having a nominal shaft length not exceeding 12 inches.4 Certain steel nails include, but are not limited to, nails made from round wire and nails that are cut from flat-rolled steel. Merchandise covered by this order is currently classified in the Harmonized Tariff System of the United States (‘‘HTSUS’’) under subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this order is dispositive. A complete description of the scope of the Order is contained in the Preliminary Decision Memorandum.5 The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. 3 See Certain Steel Nails From Malaysia: Initiation of Antidumping Duty Changed Circumstances Review, 80 FR 71772 (November 17, 2015) (‘‘Initiation Notice’’). 4 The shaft length of certain steel nails with flat heads or parallel shoulders under the head shall be measured from under the head or shoulder to the tip of the point. The shaft length of all other certain steel nails shall be measured overall. 5 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Moses Song, International Trade Compliance Analyst, Office VI, through Scot Fullerton, Director, Office VI, regarding ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Changed Circumstances Review of Certain Steel Nails from Malaysia,’’ dated concurrently with and hereby adopted in this notice. VerDate Sep<11>2014 17:39 Dec 05, 2016 Jkt 241001 We are conducting this CCR in accordance with section 751(b)(1) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of the Changed Circumstances Review We preliminarily determine that Inmax Sdn and Inmax Industries are affiliated and should be collapsed as a single entity. Specifically, we find that Inmax Sdn and Inmax Industries are directly controlled by Inmax Holding Co., Ltd. (Inmax Holding) as Inmax Sdn and Inmax Industries are both whollyowned by Inmax Holding, thereby meeting the affiliation criteria in accordance with section 777(33)(F) of the Act. In addition, we find that Inmax Sdn and Inmax Industries should be collapsed because both producers have production facilities for similar or identical products that would not require substantial retooling in order to restructure manufacturing priorities. Additionally, there is a significant potential for the manipulation of price or production. Regarding a significant potential for the manipulation of price or production, the following criteria are all satisfied: (1) A high level of common ownership; (2) managerial overlap; and (3) intertwined operations. In particular, U.S. Customs and Border Protection (CBP) import data for entries of merchandise under review from the publication date of the preliminary determination of the investigation (i.e., December 29, 2014) to March 31, 2016 (i.e., subsequent to the initiation of this CCR), clearly indicate new trading patterns since the Order was issued in July 2015, which has the potential to undermine the efficacy and integrity of the Order. Furthermore, we note that the collapsing issue was not thoroughly addressed in the final determination of the investigation and that, based on record evidence, there is a significant potential for future manipulation of price or production of subject merchandise between Inmax Sdn and Inmax Industries. A list of topics discussed in the Preliminary Decision Memorandum appears in the Appendix to this notice. If the Department upholds these preliminary results in the final results, entries of subject merchandise produced by Inmax Sdn and Inmax Industries will be subject to the AD cash deposit rate PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 currently assigned to Inmax Sdn (i.e., 39.35 percent).6 Public Comment Interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review in the Federal Register.7 Rebuttal briefs, limited to issues raised in the case briefs, may be filed by no later than five days after the deadline for filing case briefs.8 Parties that submit case or rebuttal briefs are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.9 All briefs are to be filed electronically using ACCESS.10 An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is due.11 Any interested party may submit a request for a hearing to the Assistant Secretary of Enforcement and Compliance using ACCESS within 30 days of publication of this notice in the Federal Register.12 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs.13 If a request for a hearing is made, parties will be notified of the time and date of the hearing, which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.14 Final Results of the Review Unless extended, in accordance with 19 CFR 351.216(e), the Department intends to issue the final results of this CCR not later than 270 days after the date on which the review was initiated. Notification to Parties The Department is issuing and publishing these results in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216 and 351.221(c)(3)(i). 6 See Certain Steel Nails From Malaysia; Final Determination of Sales at Less Than Fair Value, 80 FR 28969 (May 20, 2015). 7 See 19 CFR 351.309(c)(1)(ii). The Department has exercised its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time limit for submission of case briefs. 8 See 19 CFR 351.309(d)(1). 9 See 19 CFR 351.309(c)(2) and (d)(2). 10 See 19 CFR 351.303(b) and (f). 11 See 19 CFR 351.303(b). 12 See 19 CFR 351.310(c). 13 Id. 14 See 19 CFR 351.310(d). E:\FR\FM\06DEN1.SGM 06DEN1 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices Dated: November 16, 2016. Paul Piquado, Assistant Secretary, for Enforcement and Compliance. Any member of the public wishing to participate may contact Heidi Lovett, (301) 427–8034; email: heidi.lovett@ noaa.gov. FOR FURTHER INFORMATION CONTACT: Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Results of the Changed Circumstances Review A. Affiliation Legal Standard Analysis Recommendation B. Collapsing Legal Standard Analysis 1. Affiliation 2. Substantial Retooling of Manufacturing Facilities 3. Significant Potential for Manipulation of Price or Production i. Level of Common Ownership ii. Managerial Overlap iii. Intertwined Operations C. Whether the Department Should Collapse Affiliated Parties After the Final Determination of an Investigation and Prior to the First Administrative Review Recommendation [FR Doc. 2016–29196 Filed 12–5–16; 8:45 am] SUPPLEMENTARY INFORMATION: Need for Correction In a notice NMFS published on November 25, 2016, on page 85208, in the third column, revise the SUMMARY in its entirety to read as follows: ‘‘This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and finalize recommendations on issues and priorities that should be addressed by the incoming Administration.’’ Background The MAFAC was established by the Secretary of Commerce (Secretary), and, since 1971, advises the Secretary on all living marine resource matters that are the responsibility of the Department of Commerce. The charter and other information are located online at http:// www.nmfs.noaa.gov/ocs/mafac/. BILLING CODE 3510–DS–P Matters To Be Considered DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF057 Marine Fisheries Advisory Committee; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of open public meetings; correction. AGENCY: mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: This notice corrects the SUMMARY section to a notice published on November 25, 2016, which contained incorrect information about what will be discussed at the forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). This correction sets out the SUMMARY in full to make it clear that the members will discuss and finalize recommendations on issues and priorities that should be addressed by the incoming Administration. DATES: The meeting is scheduled for December 14, 2016, 2–4 p.m., Eastern Standard Time. ADDRESSES: Public access is available at 1315 East-West Highway, Silver Spring, MD 20910. VerDate Sep<11>2014 17:39 Dec 05, 2016 Jkt 241001 The Committee is convening to discuss and finalize their recommendations on fisheries and living marine resource issues and priorities that should be addressed by the incoming Administration. Other administrative matters may be considered. This date, time, and agenda are subject to change. Time and Date The meeting is scheduled for December 14, 2016, 2–4 p.m., Eastern Standard Time by conference call. Conference call information for the public will be posted at http:// www.nmfs.noaa.gov/ocs/mafac/ by December 7, 2016. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Heidi Lovett, 301– 427–8034 by December 7, 2016. Dated: December 1, 2016. Jennifer Lukens, Director for the Office of Policy, National Marine Fisheries Service. [FR Doc. 2016–29248 Filed 12–5–16; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 87909 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: West Coast Region Pacific Coast Groundfish Fishery: Trawl Rationalization Cost Recovery Program. OMB Control Number: 0648–0663. Form Number(s): None. Type of Request: Regular (extension of a currently approved information collection). Number of Respondents: 176. Average Hours per Response: Cost recovery and annual reporting forms, 1 hour; failure to pay reports, 4 hours. Burden Hours: 1,898. Needs and Uses: This request is for an extension of a currently approved information collection. The Magnuson-Stevens Fishery Conservation and Management Act requires that the Secretary of Commerce maintain a cost recovery program to cover part of the management, data collection, and enforcement costs of the limited access privilege programs, such as the Pacific coast groundfish fishery’s trawl rationalization program. This cost recovery program requires fish sellers to submit fees to fish buyers who then submit those fees to the National Marine Fisheries Service (NMFS) and include information about the volume and value of groundfish. Information is collected from monthly and annual reports as well as non-payment documents when necessary. This program is authorized under the Pacific coast groundfish fishery regulations, trawl rationalization cost recovery program at 50 CFR 660.115. Affected Public: Business or other forprofit organizations. Frequency: Monthly and annually. Respondent’s Obligation: Mandatory. This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Notices]
[Pages 87907-87909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29196]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


Certain Steel Nails From Malaysia: Preliminary Results of the 
Changed Circumstances Review

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

SUMMARY: On November 17, 2015, the Department of Commerce (the 
``Department'') initiated a changed circumstance review (``CCR'') of 
the antidumping duty (``AD'') order on certain steel nails (``nails'') 
from Malaysia. Pursuant to section 751(b) of the Tariff Act of 1930, as 
amended (``the Act''), and 19 CFR 351.216, the Department preliminarily 
determines that Inmax Sdn. Bhd. (``Inmax Sdn'') and Inmax Industries 
Sdn. Bhd. (``Inmax Industries'') (collectively, ``Inmax'') should be 
collapsed and assigned the same AD cash deposit rate for purposes of 
determining AD liability in this proceeding. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective December 6, 2016.

FOR FURTHER INFORMATION CONTACT: Moses Song, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: (202) 482-5041.

SUPPLEMENTARY INFORMATION:

Background

    On July 13, 2015, the Department published the AD order on nails 
from Malaysia in the Federal Register.\1\ On September 2, 2015, Mid 
Continent Steel & Wire, Inc. (``Petitioner'') requested that the 
Department conduct a CCR, pursuant to section 751(b) of the Act and 19 
CFR 351.216, to determine that Inmax Sdn and Inmax Industries should be 
collapsed and assigned the same AD cash deposit rate assigned to Inmax 
Sdn.\2\ On November 17, 2015, the Department initiated this CCR, 
pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(c) and (d), 
upon finding that there is sufficient information and ``good cause'' 
regarding new trading

[[Page 87908]]

patterns and possible evasion of the Order.\3\
---------------------------------------------------------------------------

    \1\ See Certain Steel Nails From the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic 
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) 
(``Order'').
    \2\ See Letter from Petitioner to the Department, regarding 
``Certain Steel Nails from Malaysia: Request for Changed 
Circumstances Review,'' dated September 2, 2015 (``CCR Request'').
    \3\ See Certain Steel Nails From Malaysia: Initiation of 
Antidumping Duty Changed Circumstances Review, 80 FR 71772 (November 
17, 2015) (``Initiation Notice'').
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is certain steel nails having 
a nominal shaft length not exceeding 12 inches.\4\ Certain steel nails 
include, but are not limited to, nails made from round wire and nails 
that are cut from flat-rolled steel. Merchandise covered by this order 
is currently classified in the Harmonized Tariff System of the United 
States (``HTSUS'') under subheadings 7317.00.55.02, 7317.00.55.03, 
7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 
7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 
7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 
7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 
7317.00.75.00. These HTSUS subheadings are provided for convenience and 
customs purposes; the written description of the scope of this order is 
dispositive.
---------------------------------------------------------------------------

    \4\ The shaft length of certain steel nails with flat heads or 
parallel shoulders under the head shall be measured from under the 
head or shoulder to the tip of the point. The shaft length of all 
other certain steel nails shall be measured overall.
---------------------------------------------------------------------------

    A complete description of the scope of the Order is contained in 
the Preliminary Decision Memorandum.\5\ The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``ACCESS''). ACCESS is available 
to registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Moses Song, International Trade Compliance Analyst, Office VI, 
through Scot Fullerton, Director, Office VI, regarding ``Decision 
Memorandum for the Preliminary Results of the Antidumping Duty 
Changed Circumstances Review of Certain Steel Nails from Malaysia,'' 
dated concurrently with and hereby adopted in this notice.
---------------------------------------------------------------------------

Methodology

    We are conducting this CCR in accordance with section 751(b)(1) of 
the Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Preliminary Results of the Changed Circumstances Review

    We preliminarily determine that Inmax Sdn and Inmax Industries are 
affiliated and should be collapsed as a single entity. Specifically, we 
find that Inmax Sdn and Inmax Industries are directly controlled by 
Inmax Holding Co., Ltd. (Inmax Holding) as Inmax Sdn and Inmax 
Industries are both wholly-owned by Inmax Holding, thereby meeting the 
affiliation criteria in accordance with section 777(33)(F) of the Act. 
In addition, we find that Inmax Sdn and Inmax Industries should be 
collapsed because both producers have production facilities for similar 
or identical products that would not require substantial retooling in 
order to restructure manufacturing priorities.
    Additionally, there is a significant potential for the manipulation 
of price or production. Regarding a significant potential for the 
manipulation of price or production, the following criteria are all 
satisfied: (1) A high level of common ownership; (2) managerial 
overlap; and (3) intertwined operations. In particular, U.S. Customs 
and Border Protection (CBP) import data for entries of merchandise 
under review from the publication date of the preliminary determination 
of the investigation (i.e., December 29, 2014) to March 31, 2016 (i.e., 
subsequent to the initiation of this CCR), clearly indicate new trading 
patterns since the Order was issued in July 2015, which has the 
potential to undermine the efficacy and integrity of the Order. 
Furthermore, we note that the collapsing issue was not thoroughly 
addressed in the final determination of the investigation and that, 
based on record evidence, there is a significant potential for future 
manipulation of price or production of subject merchandise between 
Inmax Sdn and Inmax Industries. A list of topics discussed in the 
Preliminary Decision Memorandum appears in the Appendix to this notice.
    If the Department upholds these preliminary results in the final 
results, entries of subject merchandise produced by Inmax Sdn and Inmax 
Industries will be subject to the AD cash deposit rate currently 
assigned to Inmax Sdn (i.e., 39.35 percent).\6\
---------------------------------------------------------------------------

    \6\ See Certain Steel Nails From Malaysia; Final Determination 
of Sales at Less Than Fair Value, 80 FR 28969 (May 20, 2015).
---------------------------------------------------------------------------

Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of these preliminary results of review in 
the Federal Register.\7\ Rebuttal briefs, limited to issues raised in 
the case briefs, may be filed by no later than five days after the 
deadline for filing case briefs.\8\ Parties that submit case or 
rebuttal briefs are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\9\ All briefs are to be filed electronically 
using ACCESS.\10\ An electronically filed document must be received 
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the 
day on which it is due.\11\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(c)(1)(ii). The Department has exercised 
its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time 
limit for submission of case briefs.
    \8\ See 19 CFR 351.309(d)(1).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See 19 CFR 351.303(b) and (f).
    \11\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------

    Any interested party may submit a request for a hearing to the 
Assistant Secretary of Enforcement and Compliance using ACCESS within 
30 days of publication of this notice in the Federal Register.\12\ 
Hearing requests should contain the following information: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Oral 
presentations will be limited to issues raised in the briefs.\13\ If a 
request for a hearing is made, parties will be notified of the time and 
date of the hearing, which will be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\14\

Final Results of the Review
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
    \13\ Id.
    \14\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Unless extended, in accordance with 19 CFR 351.216(e), the 
Department intends to issue the final results of this CCR not later 
than 270 days after the date on which the review was initiated.

Notification to Parties

    The Department is issuing and publishing these results in 
accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 
351.216 and 351.221(c)(3)(i).


[[Page 87909]]


    Dated: November 16, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results of the Changed Circumstances Review
    A. Affiliation
    Legal Standard
    Analysis
    Recommendation
    B. Collapsing
    Legal Standard
    Analysis
    1. Affiliation
    2. Substantial Retooling of Manufacturing Facilities
    3. Significant Potential for Manipulation of Price or Production
    i. Level of Common Ownership
    ii. Managerial Overlap
    iii. Intertwined Operations
    C. Whether the Department Should Collapse Affiliated Parties 
After the Final Determination of an Investigation and Prior to the 
First Administrative Review Recommendation

[FR Doc. 2016-29196 Filed 12-5-16; 8:45 am]
 BILLING CODE 3510-DS-P