Certain Steel Nails From the Socialist Republic of Vietnam: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2014-2016, 26050-26052 [2017-11668]
Download as PDF
26050
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
assess antidumping duties on all
appropriate entries. Antidumping duties
shall be assessed at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after the date of publication of this
notice in the Federal Register.
Notification to Importers
This notice serves as the only
reminder to importers whose entries
will be liquidated as a result of this
rescission notice, of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties and/or
countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement may
result in the presumption that
reimbursement of antidumping duties
and/or countervailing duties occurred
and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative
Protective Order
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). Timely
written notification of return/
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.
This notice is published in
accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: May 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–11671 Filed 6–5–17; 8:45 am]
mstockstill on DSK30JT082PROD with NOTICES
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–818]
Certain Steel Nails From the Socialist
Republic of Vietnam: Preliminary
Results and Partial Rescission of the
Antidumping Duty Administrative
Review; 2014–2016
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain steel
nails from the Socialist Republic of
Vietnam (Vietnam). The period of
review (POR) is December 29, 2014,
through June 30, 2016. The Department
preliminarily determines that Truong
Vinh Ltd. (Truong Vinh), Rich State,
Inc. (Rich State), and Dicha Sombrilla
Co., Ltd. (Dicha Sombrilla) did not
demonstrate their eligibility for a
separate rate and are, therefore, part of
the Vietnam-wide entity. Further,
because Mid Continent Steel & Wire,
Inc. (the petitioner) withdrew its request
for review of eight companies, we are
rescinding the administrative review
with regard to them. Interested parties
are invited to comment on these
preliminary results.
DATES: Effective June 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Chelsey Simonovich or Mark Flessner,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–1979 or
(202) 482–6312, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 13, 2015, the Department
published in the Federal Register the
antidumping duty order on certain steel
nails from Vietnam.1 On July 5, 2016,
the Department published in the
Federal Register an opportunity to
request administrative review of the
Order.2 The Department received
requests for a review of 11 companies.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) (the Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 81 FR 43584
(July 5, 2016).
3 See Letter from Amifast Corporation, ‘‘Amifast
Corporation; Request for Administrative Review;
VerDate Sep<11>2014
20:52 Jun 05, 2017
Jkt 241001
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
On September 12, 2016, the Department
published in the Federal Register a
notice of initiation of this review,
covering the above-referenced
companies.4 On September 28, 2016, the
Department placed entry data from U.S.
Customs and Border Protection (CBP) on
the record of this review.5 On October
18, 2016, the Department issued its
antidumping duty questionnaires to
Truong Vinh and Rich State. On
November 8, 2016, both companies, in
a joint submission, stated that neither
intended to respond to the Department’s
questionnaires.6
Scope of the Order
The merchandise covered by this
order is certain steel nails having a
nominal shaft length not exceeding 12
inches. Certain steel nails subject to this
order are currently classified under
HTSUS subheadings 7317.00.55.02,
7317.00.55.03, 7317.00.55.05,
7317.00.55.07, 7317.00.55.08,
7317.00.55.11, 7317.00.55.18,
7317.00.55.19, 7317.00.55.20,
7317.00.55.30, 7317.00.55.40,
7317.00.55.50, 7317.00.55.60,
7317.00.55.70, 7317.00.55.80,
7317.00.55.90, 7317.00.65.30,
7317.00.65.60 and 7317.00.75.00.
Certain steel nails subject to this order
also may be classified under HTSUS
subheadings 7907.00.60.00,
Case No. A–522–818; Antidumping Duty Order on
Steel Nails from the Socialist Republic of Vietnam,’’
dated August 1, 2016. See also Letter from
Petitioner, ‘‘Certain Steel Nails from the Socialist
Republic of Vietnam: Request for Administrative
Reviews,’’ dated August 1, 2016. See also Letter
from Olympic Manufacturing Group, ‘‘Request for
Administrative Review and Request to Defer
Administrative Review of the Antidumping Duty
Order on Steel Nails from the Socialist Republic of
Vietnam (A–552–818) (POR: December 29, 2014—
June 30, 2016),’’ dated August 1, 2016. See also
Letter from Truong Vinh, ‘‘Request for
Administrative Review and Request to Defer
Administrative Review of the Antidumping Duty
Order on Steel Nails from the Socialist Republic of
Vietnam (A–552–818) (POR: December 29, 2014—
June 30, 2016),’’ dated August 1, 2016.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
62720 (September 12 2016) (Initiation Notice).
5 See Memorandum, ‘‘Certain Steel Nails from
Vietnam: U.S. Customs and Border Protection
Information for 12/29/14–6/30/2016 Review
Period,’’ dated September 28, 2016.
6 See Letter from Truong Vinh and Rich State,
‘‘Truong Vinh Ltd. and Rich State Inc.,
Questionnaire Response, First Annual
Administrative Review of the Antidumping Duty
Order on Steel Nails from the Socialist Republic of
Vietnam, (A–552–818),’’ dated November 8, 2016.
Therein, Truong Vinh and Rich State indicated that
they believe that their zinc anchors would be found
outside of the scope of the Order based on an
ongoing scope proceeding. As such, Truong Vinh
and Rich State stated that they would not respond
to the Department’s October 18, 2016, request for
information, and that this letter constituted their
full response to sections A, C, and D of the
Department’s questionnaire. Neither company
submitted a separate rate application.
E:\FR\FM\06JNN1.SGM
06JNN1
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
8206.00.00.00 or other HTSUS
subheadings. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive. A full description
of the scope of the order is contained in
the Preliminary Decision
Memorandum.7 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 https://
access.trade.gov and 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 on the internet at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Partial Rescission of Administrative
Review
On October 5, 2016, the petitioner
withdrew its request for review with
respect to the following eight
companies: Astrotech Steels Private
Limited; Blue Moon Logistics Private
Ltd.; Bollore Logistics Vietnam Co. Ltd.;
Dahnay Logistics Private Ltd; FGS
Logistics Co. Ltd.; Honour Lane
Shipping Ltd; SDV Vietnam Co. Ltd.;
and United Nail Products Co. Ltd.8 No
other parties requested review of these
eight companies. In response to the
petitioner’s timely filed withdrawal
request, we are rescinding this
administrative review, pursuant to 19
CFR 351.213(d)(1),9 with respect to the
above-named companies.
mstockstill on DSK30JT082PROD with NOTICES
Vietnam-Wide Entity
The Vietnam-wide entity will not be
under review unless a party specifically
requests, or the Department selfinitiates, a review of the entity.10
Because no party requested a review of
the Vietnam-wide entity in this review,
nor did the Department self-initiate a
review of the Vietnam-wide entity, the
entity is not under review and the
7 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review, 2014–2016: Certain Steel
Nails from the Socialist Republic of Vietnam,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
8 See Petitioner’s Review Request Withdrawal
Letter.
9 See the Preliminary Decision Memorandum, at
the section entitled, ‘‘Partial Rescission of
Administrative Review.’’
10 See 19 CFR 351.309(c)(1)(ii).
VerDate Sep<11>2014
20:52 Jun 05, 2017
Jkt 241001
entity’s rate (i.e., 323.99 percent) is not
subject to change. In this administrative
review, a review was requested for
Truong Vinh, Rich State, and Dicha
Sombrilla, but none of these companies
filed a separate rate application,
separate rate certification, or noshipment letter. Accordingly, the
Department considers Truong Vinh,
Rich State, and Dicha Sombrilla to be
part of the Vietnam-wide entity.
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
period December 29, 2014, through
January 30, 2016:
Weightedaverage
dumping
margins
(percent)
Company
26051
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance within 30
days of the date of publication of this
notice.15 Requests should contain: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues
parties intend to discuss. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, the Department intends to hold
the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
and time to be determined.16 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
Unless extended, the Department
intends to issue the final results of this
administrative review, which will
include the results of our analysis of all
issues raised in the case briefs, within
120 days of publication of these
preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and U.S.
Dicha Sombrilla Co., Ltd ......
323.99
Rich State, Inc ......................
323.99 Customs and Border Protection (CBP)
Truong Vinh Ltd ....................
323.99 shall assess, antidumping duties on all
appropriate entries covered by this
review.17 The Department intends to
Disclosure and Public Comment
issue assessment instructions to CBP 15
Normally, the Department discloses to days after the publication date of the
interested parties the calculations
final results of this review. We will
performed for the preliminary results
instruct CBP to assess duties at the ad
within five days of the publication of
valorem margin rates published above.
this notice in accordance with 19 CFR
We will instruct CBP to assess
351.224(b). However, because the
antidumping duties on all appropriate
Department preliminarily applied the
entries covered by this review if any
Vietnam-entity margin to the mandatory assessment rate calculated in the final
respondents in this administrative
results of this review is above de
review, there are no calculations to
minimis. The final results of this review
disclose. Interested parties may submit
shall be the basis for the assessment of
case briefs not later than 30 days after
antidumping duties on entries of
the date of publication of this notice in
merchandise covered by the final results
the Federal Register.11 Rebuttal briefs,
of this review and for future deposits of
limited to issues raised in the case
estimated duties, where applicable. The
briefs, may be filed not later than five
Department will assess duties only on
days after the date for filing case
entries of subject merchandise (i.e.,
briefs.12 Parties who submit case briefs
Vietnam-origin steel nails).
or rebuttal briefs in this proceeding are
Cash Deposit Requirements
encouraged to submit with each
argument: (1) A statement of the issue;
The following cash deposit
(2) a brief summary of the argument;
requirements will be effective upon
and (3) a table of authorities.13 Case and publication of the final results of this
rebuttal briefs should be filed using
administrative review for shipments of
ACCESS.14
the subject merchandise from Vietnam
entered, or withdrawn from warehouse,
11 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1).
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 See 19 CFR 351.303.
12 See
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
15 See
19 CFR 351.310(c)
19 CFR 351.310(d).
17 See 19 CFR 351.212(b)(1).
16 See
E:\FR\FM\06JNN1.SGM
06JNN1
26052
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For Truong
Vinh, Rich State, and Dicha Sombrilla,
the cash deposit rate will be that
established in the final results of this
review (except, if the rate is zero or de
minimis, then zero cash deposit will be
required); (2) for previously investigated
or reviewed Vietnam exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate
published for the most recently
completed period; (3) for all Vietnam
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the NME-wide rate of 323.99 percent;
and (4) for all non-Vietnam exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Vietnam exporter that supplied that
non-Vietnam exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: May 24, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK30JT082PROD with NOTICES
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Administrative
Review
5. Discussion of the Methodology
6. Vietnam-Wide Entity
7. Recommendation
[FR Doc. 2017–11668 Filed 6–5–17; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
20:52 Jun 05, 2017
Jkt 241001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–955]
Certain Magnesia Carbon Bricks From
the People’s Republic of China:
Rescission of Countervailing Duty
Administrative Review; 2015
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding the
administrative review of the
countervailing duty (CVD) order on
certain magnesia carbon bricks (MC
Bricks) from the People’s Republic of
China (PRC) for the period January 1,
2015, through December 31, 2015.
DATES: Effective June 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone
(202) 482–3586.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 9, 2016, based on a
timely request for review by the
Magnesia Carbon Bricks Fair Trade
Committee (Fair Trade Committee),1 the
Department of Commerce (the
Department) published in the Federal
Register a notice of initiation of an
administrative review of the CVD order
on MC Bricks from the PRC with respect
to 18 companies for the period of review
(POR) January 1, 2015, through
December 31, 2015.2 No other party
requested an administrative review.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
1 See Letter to the Secretary from the Fair Trade
Committee, ‘‘Certain Magnesia Carbon Bricks from
the People’s Republic of China: Request for
Administrative Review,’’ (September 30, 2016). The
Fair Trade Committee is an ad hoc association
comprised of the following U.S. producers of
magnesia carbon bricks: Resco Products, Inc.;
Magnesita Refractories Company; and
HarbisonWalker International.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
78778 (November 9, 2016) (November 2016
Initiation Notice); see also Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 4294 (January 13,
2017), which corrected the misspelling of certain
company names in the November 2016 Initiation
Notice.
PO 00000
Frm 00011
Fmt 4703
Sfmt 9990
days of the publication of the notice of
initiation of the requested review. In
this case, the Fair Trade Committee
timely withdrew its request for review
within the 90-day deadline, and no
other party requested an administrative
review of the CVD order. Therefore, in
response to the timely withdrawal of the
request for review, and in accordance
with 19 CFR 351.213(d)(1), we are
rescinding the administrative review of
the CVD order on MC Bricks from the
PRC for the period January 1, 2015,
through December 31, 2015, in its
entirety.
Assessment
The Department will instruct CBP to
assess CVD duties on all appropriate
entries. Because this administrative
review is being rescinded in its entirety,
the entries to which this administrative
review pertain shall be assessed CVD
duties that are equal to the cash deposits
of estimated CVD duties required at the
time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice in the Federal
Register.
Notifications
This notice serves as a final 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). Timely
written notification of the return or
destruction of APO materials or the
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This notice is published in
accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: May 31, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2017–11674 Filed 6–5–17; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26050-26052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11668]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-818]
Certain Steel Nails From the Socialist Republic of Vietnam:
Preliminary Results and Partial Rescission of the Antidumping Duty
Administrative Review; 2014-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain steel
nails from the Socialist Republic of Vietnam (Vietnam). The period of
review (POR) is December 29, 2014, through June 30, 2016. The
Department preliminarily determines that Truong Vinh Ltd. (Truong
Vinh), Rich State, Inc. (Rich State), and Dicha Sombrilla Co., Ltd.
(Dicha Sombrilla) did not demonstrate their eligibility for a separate
rate and are, therefore, part of the Vietnam-wide entity. Further,
because Mid Continent Steel & Wire, Inc. (the petitioner) withdrew its
request for review of eight companies, we are rescinding the
administrative review with regard to them. Interested parties are
invited to comment on these preliminary results.
DATES: Effective June 6, 2017.
FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich or Mark Flessner,
AD/CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-1979 or (202) 482-6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 13, 2015, the Department published in the Federal Register
the antidumping duty order on certain steel nails from Vietnam.\1\ On
July 5, 2016, the Department published in the Federal Register an
opportunity to request administrative review of the Order.\2\ The
Department received requests for a review of 11 companies.\3\ On
September 12, 2016, the Department published in the Federal Register a
notice of initiation of this review, covering the above-referenced
companies.\4\ On September 28, 2016, the Department placed entry data
from U.S. Customs and Border Protection (CBP) on the record of this
review.\5\ On October 18, 2016, the Department issued its antidumping
duty questionnaires to Truong Vinh and Rich State. On November 8, 2016,
both companies, in a joint submission, stated that neither intended to
respond to the Department's questionnaires.\6\
---------------------------------------------------------------------------
\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)
(the Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 81 FR 43584 (July 5, 2016).
\3\ See Letter from Amifast Corporation, ``Amifast Corporation;
Request for Administrative Review; Case No. A-522-818; Antidumping
Duty Order on Steel Nails from the Socialist Republic of Vietnam,''
dated August 1, 2016. See also Letter from Petitioner, ``Certain
Steel Nails from the Socialist Republic of Vietnam: Request for
Administrative Reviews,'' dated August 1, 2016. See also Letter from
Olympic Manufacturing Group, ``Request for Administrative Review and
Request to Defer Administrative Review of the Antidumping Duty Order
on Steel Nails from the Socialist Republic of Vietnam (A-552-818)
(POR: December 29, 2014--June 30, 2016),'' dated August 1, 2016. See
also Letter from Truong Vinh, ``Request for Administrative Review
and Request to Defer Administrative Review of the Antidumping Duty
Order on Steel Nails from the Socialist Republic of Vietnam (A-552-
818) (POR: December 29, 2014--June 30, 2016),'' dated August 1,
2016.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 62720 (September 12 2016) (Initiation
Notice).
\5\ See Memorandum, ``Certain Steel Nails from Vietnam: U.S.
Customs and Border Protection Information for 12/29/14-6/30/2016
Review Period,'' dated September 28, 2016.
\6\ See Letter from Truong Vinh and Rich State, ``Truong Vinh
Ltd. and Rich State Inc., Questionnaire Response, First Annual
Administrative Review of the Antidumping Duty Order on Steel Nails
from the Socialist Republic of Vietnam, (A-552-818),'' dated
November 8, 2016. Therein, Truong Vinh and Rich State indicated that
they believe that their zinc anchors would be found outside of the
scope of the Order based on an ongoing scope proceeding. As such,
Truong Vinh and Rich State stated that they would not respond to the
Department's October 18, 2016, request for information, and that
this letter constituted their full response to sections A, C, and D
of the Department's questionnaire. Neither company submitted a
separate rate application.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is certain steel nails having
a nominal shaft length not exceeding 12 inches. Certain steel nails
subject to this order are currently classified under HTSUS subheadings
7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07,
7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19,
7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50,
7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90,
7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain steel nails
subject to this order also may be classified under HTSUS subheadings
7907.00.60.00,
[[Page 26051]]
8206.00.00.00 or other HTSUS subheadings. While the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope of this order is dispositive. A full
description of the scope of the order is contained in the Preliminary
Decision Memorandum.\7\ 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 https://access.trade.gov and 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 on the
internet at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review, 2014-2016:
Certain Steel Nails from the Socialist Republic of Vietnam,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
On October 5, 2016, the petitioner withdrew its request for review
with respect to the following eight companies: Astrotech Steels Private
Limited; Blue Moon Logistics Private Ltd.; Bollore Logistics Vietnam
Co. Ltd.; Dahnay Logistics Private Ltd; FGS Logistics Co. Ltd.; Honour
Lane Shipping Ltd; SDV Vietnam Co. Ltd.; and United Nail Products Co.
Ltd.\8\ No other parties requested review of these eight companies. In
response to the petitioner's timely filed withdrawal request, we are
rescinding this administrative review, pursuant to 19 CFR
351.213(d)(1),\9\ with respect to the above-named companies.
---------------------------------------------------------------------------
\8\ See Petitioner's Review Request Withdrawal Letter.
\9\ See the Preliminary Decision Memorandum, at the section
entitled, ``Partial Rescission of Administrative Review.''
---------------------------------------------------------------------------
Vietnam-Wide Entity
The Vietnam-wide entity will not be under review unless a party
specifically requests, or the Department self-initiates, a review of
the entity.\10\ Because no party requested a review of the Vietnam-wide
entity in this review, nor did the Department self-initiate a review of
the Vietnam-wide entity, the entity is not under review and the
entity's rate (i.e., 323.99 percent) is not subject to change. In this
administrative review, a review was requested for Truong Vinh, Rich
State, and Dicha Sombrilla, but none of these companies filed a
separate rate application, separate rate certification, or no-shipment
letter. Accordingly, the Department considers Truong Vinh, Rich State,
and Dicha Sombrilla to be part of the Vietnam-wide entity.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(c)(1)(ii).
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the period December 29,
2014, through January 30, 2016:
------------------------------------------------------------------------
Weighted-
average
Company dumping
margins
(percent)
------------------------------------------------------------------------
Dicha Sombrilla Co., Ltd................................ 323.99
Rich State, Inc......................................... 323.99
Truong Vinh Ltd......................................... 323.99
------------------------------------------------------------------------
Disclosure and Public Comment
Normally, the Department discloses to interested parties the
calculations performed for the preliminary results within five days of
the publication of this notice in accordance with 19 CFR 351.224(b).
However, because the Department preliminarily applied the Vietnam-
entity margin to the mandatory respondents in this administrative
review, there are no calculations to disclose. Interested parties may
submit case briefs not later than 30 days after the date of publication
of this notice in the Federal Register.\11\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\12\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\13\ Case and rebuttal
briefs should be filed using ACCESS.\14\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d)(1).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance within 30 days of the date of publication of this
notice.\15\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, the Department intends to hold the
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date and time to be determined.\16\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
---------------------------------------------------------------------------
\15\ See 19 CFR 351.310(c)
\16\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Unless extended, the Department intends to issue the final results
of this administrative review, which will include the results of our
analysis of all issues raised in the case briefs, within 120 days of
publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\17\ The
Department intends to issue assessment instructions to CBP 15 days
after the publication date of the final results of this review. We will
instruct CBP to assess duties at the ad valorem margin rates published
above. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review if any assessment rate
calculated in the final results of this review is above de minimis. The
final results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable. The Department will assess duties only on entries of
subject merchandise (i.e., Vietnam-origin steel nails).
---------------------------------------------------------------------------
\17\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from Vietnam entered, or withdrawn
from warehouse,
[[Page 26052]]
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) For Truong Vinh, Rich State, and
Dicha Sombrilla, the cash deposit rate will be that established in the
final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for previously
investigated or reviewed Vietnam exporters not listed above that
received a separate rate in a prior segment of this proceeding, the
cash deposit rate will continue to be the existing exporter-specific
rate published for the most recently completed period; (3) for all
Vietnam exporters of subject merchandise that have not been found to be
entitled to a separate rate, the cash deposit rate will be the NME-wide
rate of 323.99 percent; and (4) for all non-Vietnam exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the Vietnam exporter that
supplied that non-Vietnam exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
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.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: May 24, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Administrative Review
5. Discussion of the Methodology
6. Vietnam-Wide Entity
7. Recommendation
[FR Doc. 2017-11668 Filed 6-5-17; 8:45 am]
BILLING CODE 3510-DS-P