Certain Steel Nails From Malaysia: Final Results of the Changed Circumstances Review, 34476-34477 [2017-15518]

Download as PDF 34476 Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is September 5, 2017. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to September 18, 2017. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Christopher Kemp at Christopher.Kemp@trade.gov or (202) 482–0862. Dated: July 20, 2017. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2017–15570 Filed 7–24–17; 8:45 am] The merchandise covered by the Order 3 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. A complete description of the scope of the Order is contained in the Issues and Decision Memorandum.5 DEPARTMENT OF COMMERCE International Trade Administration [A–557–816] Certain Steel Nails From Malaysia: Final Results of the Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: On December 6, 2016, the Department of Commerce (Department) published a notice of preliminary results of a changed circumstance review (CCR) of the antidumping duty order on certain steel nails (nails) from Malaysia. Based on our analysis of the comments from interested parties, we continue to find that Inmax Sdn. Bhd. (Inmax Sdn) and Inmax Industries Sdn. Bhd. (Inmax Industries) (collectively, Inmax Companies) should be collapsed. The combined entity’s antidumping duty cash deposit rate is the current antidumping duty cash deposit rate assigned to Inmax Sdn for purposes of determining antidumping duty liability. DATES: July 25, 2017. 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: mstockstill on DSK30JT082PROD with NOTICES AGENCY: 19:30 Jul 24, 2017 The Department initiated this CCR on November 17, 2015, and published the Preliminary Results on December 6, 2016.1 For a description of events that have occurred since the Preliminary Results, see the Issues and Decision Memorandum.2 The Issues and 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 Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Scope of the Order BILLING CODE 3510–DS–P VerDate Sep<11>2014 Background Jkt 241001 Analysis of Comments Received All issues raised by interested parties in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. 1 See Certain Steel Nails from Malaysia: Initiation of Antidumping Duty Changed Circumstances Review, 80 FR 71772 (November 17, 2015) (‘‘Initiation Notice’’); see also Certain Steel Nails from Malaysia: Preliminary Results of the Changed Circumstances Review, 81 FR 87907 (December 6, 2016) (‘‘Preliminary Results’’). 2 See ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty Changed Circumstances Review of Certain Steel Nails from Malaysia,’’ dated concurrently with and hereby adopted in this notice (‘‘Issues and Decision Memorandum’’). 3 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). 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 Issues and Decision Memorandum. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Final Results of the Changed Circumstances Review Upon review of the comments received and the record evidence, the Department continues to find that the Inmax Companies meet the criteria to be collapsed into a single entity and should be collapsed for purposes of antidumping duty liability in this proceeding. While, historically, the Department has not applied 19 CFR 351.401(f) in the context of CCRs, the Department finds that for purposes of this particular segment of the proceeding, the criteria in the regulation are relevant to ensure that the administration and effect of the underlying antidumping duty order are not undermined.6 Specifically, we determine that: (1) Inmax Sdn and Inmax Industries have production facilities for similar or identical products that would not require substantial retooling of either facility in order to restructure manufacturing priorities; and, (2) there is a ‘‘significant potential for the manipulation of price or production,’’ if we do not collapse the companies. We conclude that allowing a company to avoid paying the cash deposits, specifically determined for it as a result of an investigation, through use of affiliated production facilities, is an evasion of the antidumping duty order, thereby warranting a CCR. Accordingly, as discussed further in the Issues and Decision Memorandum, we find, in sum, that: (1) There were sufficient changed circumstances which established good cause to initiate and conduct this review; (2) the Inmax Companies should be collapsed; (3) the collapsed entity of the Inmax Companies is subject to the cash deposit rate assigned to Inmax Sdn in the investigation; and, (4) the results of this review are applied prospectively, from the date of the publication of the Final Results.7 Instructions to U.S. Customs and Border Protection As a result of this determination, the Department finds that both Inmax Sdn 6 See, Hontex Enters. v. United States, 342 F. Supp. 2d 1225, 1234 (CIT 2004) (upholding Commerce’s going beyond the traditional regulatory analysis to address significant potential for manipulation through criteria other than those listed in the regulations); see also, Certain Carbon Steel Cut-To-Length Plate from Austria, 82 FR 16366 (April 4, 2017) and accompanying Issues and Decision Memorandum, at Comment 5 (‘‘While the regulations only addresses certain types of entities, ‘the Department has found it to be instructive’ in determining whether other types of entities should be collapsed.’’). 7 See the Order, 80 FR 39994; see also Issues and Decision Memorandum. E:\FR\FM\25JYN1.SGM 25JYN1 Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices and Inmax Industries are subject to the cash deposit rate currently assigned to Inmax Sdn (i.e., 39.35 percent).8 Therefore, the Department will instruct U.S. Customs and Border Protection to continue suspension of liquidation and to collect estimated antidumping duties for all shipments of subject merchandise produced and exported by Inmax Sdn and/or Inmax Industries at the current cash deposit rate currently applicable to such entries, i.e., the cash deposit rate of 39.35 percent assigned to Inmax Sdn, from the date of the publication of the Final Results.9 This cash deposit requirement shall remain in effect until further notice. Notification to Parties This notice is 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 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 sanctionable violation. The Department is issuing and publishing these results in accordance with sections 751(b)(1) and (4) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216 and 19 CFR 351.221(c)(3)(i). Dated: July 14, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of Issues V. Recommendation [FR Doc. 2017–15518 Filed 7–24–17; 8:45 am] mstockstill on DSK30JT082PROD with NOTICES BILLING CODE 3510–DS–P 8 See the Order, 80 FR 39994 (July 13, 2015). 9 Id. VerDate Sep<11>2014 19:30 Jul 24, 2017 Jkt 241001 DEPARTMENT OF COMMERCE International Trade Administration [A–580–894] Certain Tapered Roller Bearings From the Republic of Korea: Initiation of Less-Than-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Issued July 18, 2017. FOR FURTHER INFORMATION CONTACT: Blaine Wiltse at 202–482–6345, or Manuel Rey at 202–482–5518, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petition On June 28, 2017, the U.S. Department of Commerce (the Department) received an antidumping duty (AD) petition concerning imports of certain tapered roller bearings (TRBs) from the Republic of Korea (Korea), filed in proper form, on behalf of the Timken Company (the petitioner).1 The petitioner is a domestic producer of TRBs.2 On July 3, 2017, the Department requested supplemental information pertaining to certain areas of the Petition.3 The petitioner filed its response to this request, including corrections to the margin calculations and revised scope language, on July 6, 2017.4 On July 11, 2017, the petitioner filed an additional amendment to the Petition.5 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that imports of TRBs are being, or are likely to be, 1 See Petition for the Imposition of Antidumping Duties on Imports of Certain Tapered Roller Bearings from the Republic of Korea, dated June 28, 2017 (the Petition). 2 See Volume I of the Petition, at 1 and Exhibit I–1. 3 See Department Letter re: Petition for the Imposition of Antidumping Duties on Imports of Certain Tapered Roller Bearings from the Republic of Korea: Supplemental Questions, dated July 3, 2017. 4 See Letter from the petitioner re: Petitioner’s Response to the Department of Commerce’s July 3, 2017 Supplemental Questionnaire Regarding the Petition for the Imposition of Antidumping Duties on Imports of Tapered Roller Bearings from the Republic of Korea, dated July 6, 2017 (Petition Supplement). 5 See Letter from the petitioner re: Petitioner’s Scope Clarification Regarding the Antidumping Investigation on Certain Tapered Roller Bearings from the Republic of Korea, dated July 11, 2017 (Scope Clarification). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 34477 sold in the United States at less than fair value within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing TRBs in the United States. Also, consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. The Department finds that the petitioner filed this Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(C) of the Act. The Department also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the AD investigation that the petitioner is requesting.6 Period of Investigation Because the Petition was filed on June 28, 2017, the period of investigation (POI) is April 1, 2016, through March 31, 2017. Scope of the Investigation The product covered by this investigation is TRBs from Korea. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in the Appendix to this notice. Comments on Scope of the Investigation During our review of the Petition, the Department issued questions to, and received responses from, the petitioner pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.7 As discussed in the preamble to the Department’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).8 The Department will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,9 all such factual information should be limited to public information. To facilitate preparation of its questionnaires, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Monday, 6 See ‘‘Determination of Industry Support for the Petition’’ section, below. 7 See Petition Supplement, at 1–5 and Exhibit SQ–1; see also Scope Clarification. 8 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Notices]
[Pages 34476-34477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15518]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


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

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

SUMMARY: On December 6, 2016, the Department of Commerce (Department) 
published a notice of preliminary results of a changed circumstance 
review (CCR) of the antidumping duty order on certain steel nails 
(nails) from Malaysia. Based on our analysis of the comments from 
interested parties, we continue to find that Inmax Sdn. Bhd. (Inmax 
Sdn) and Inmax Industries Sdn. Bhd. (Inmax Industries) (collectively, 
Inmax Companies) should be collapsed. The combined entity's antidumping 
duty cash deposit rate is the current antidumping duty cash deposit 
rate assigned to Inmax Sdn for purposes of determining antidumping duty 
liability.

DATES: July 25, 2017.

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

    The Department initiated this CCR on November 17, 2015, and 
published the Preliminary Results on December 6, 2016.\1\ For a 
description of events that have occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\2\ The Issues and 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 Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Steel Nails from Malaysia: Initiation of 
Antidumping Duty Changed Circumstances Review, 80 FR 71772 (November 
17, 2015) (``Initiation Notice''); see also Certain Steel Nails from 
Malaysia: Preliminary Results of the Changed Circumstances Review, 
81 FR 87907 (December 6, 2016) (``Preliminary Results'').
    \2\ See ``Issues and Decision Memorandum for the Final Results 
of the Antidumping Duty Changed Circumstances Review of Certain 
Steel Nails from Malaysia,'' dated concurrently with and hereby 
adopted in this notice (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order \3\ 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. A complete description of 
the scope of the Order is contained in the Issues and Decision 
Memorandum.\5\
---------------------------------------------------------------------------

    \3\ 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).
    \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 Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised by interested parties in the case and rebuttal 
briefs are addressed in the Issues and Decision Memorandum. A list of 
the issues addressed in the Issues and Decision Memorandum is appended 
to this notice.

Final Results of the Changed Circumstances Review

    Upon review of the comments received and the record evidence, the 
Department continues to find that the Inmax Companies meet the criteria 
to be collapsed into a single entity and should be collapsed for 
purposes of antidumping duty liability in this proceeding. While, 
historically, the Department has not applied 19 CFR 351.401(f) in the 
context of CCRs, the Department finds that for purposes of this 
particular segment of the proceeding, the criteria in the regulation 
are relevant to ensure that the administration and effect of the 
underlying antidumping duty order are not undermined.\6\
---------------------------------------------------------------------------

    \6\ See, Hontex Enters. v. United States, 342 F. Supp. 2d 1225, 
1234 (CIT 2004) (upholding Commerce's going beyond the traditional 
regulatory analysis to address significant potential for 
manipulation through criteria other than those listed in the 
regulations); see also, Certain Carbon Steel Cut-To-Length Plate 
from Austria, 82 FR 16366 (April 4, 2017) and accompanying Issues 
and Decision Memorandum, at Comment 5 (``While the regulations only 
addresses certain types of entities, `the Department has found it to 
be instructive' in determining whether other types of entities 
should be collapsed.'').
---------------------------------------------------------------------------

    Specifically, we determine that: (1) Inmax Sdn and Inmax Industries 
have production facilities for similar or identical products that would 
not require substantial retooling of either facility in order to 
restructure manufacturing priorities; and, (2) there is a ``significant 
potential for the manipulation of price or production,'' if we do not 
collapse the companies. We conclude that allowing a company to avoid 
paying the cash deposits, specifically determined for it as a result of 
an investigation, through use of affiliated production facilities, is 
an evasion of the antidumping duty order, thereby warranting a CCR.
    Accordingly, as discussed further in the Issues and Decision 
Memorandum, we find, in sum, that: (1) There were sufficient changed 
circumstances which established good cause to initiate and conduct this 
review; (2) the Inmax Companies should be collapsed; (3) the collapsed 
entity of the Inmax Companies is subject to the cash deposit rate 
assigned to Inmax Sdn in the investigation; and, (4) the results of 
this review are applied prospectively, from the date of the publication 
of the Final Results.\7\
---------------------------------------------------------------------------

    \7\ See the Order, 80 FR 39994; see also Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

Instructions to U.S. Customs and Border Protection

    As a result of this determination, the Department finds that both 
Inmax Sdn

[[Page 34477]]

and Inmax Industries are subject to the cash deposit rate currently 
assigned to Inmax Sdn (i.e., 39.35 percent).\8\ Therefore, the 
Department will instruct U.S. Customs and Border Protection to continue 
suspension of liquidation and to collect estimated antidumping duties 
for all shipments of subject merchandise produced and exported by Inmax 
Sdn and/or Inmax Industries at the current cash deposit rate currently 
applicable to such entries, i.e., the cash deposit rate of 39.35 
percent assigned to Inmax Sdn, from the date of the publication of the 
Final Results.\9\ This cash deposit requirement shall remain in effect 
until further notice.
---------------------------------------------------------------------------

    \8\ See the Order, 80 FR 39994 (July 13, 2015).
    \9\ Id.
---------------------------------------------------------------------------

Notification to Parties

    This notice is 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 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 sanctionable 
violation.
    The Department is issuing and publishing these results in 
accordance with sections 751(b)(1) and (4) and 777(i) of the Tariff Act 
of 1930, as amended, and 19 CFR 351.216 and 19 CFR 351.221(c)(3)(i).

    Dated: July 14, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Issues
V. Recommendation

[FR Doc. 2017-15518 Filed 7-24-17; 8:45 am]
 BILLING CODE 3510-DS-P