Certain Steel Nails From Malaysia: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2014-2016, 36741-36744 [2017-16496]
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Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices
mstockstill on DSK30JT082PROD with NOTICES
Disclosure and Public Comment
The Department intends to disclose
the calculations used in our analysis to
interested parties in this review within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties are invited
to comment on the preliminary results
of this review. Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than five days after the time limit
for filing case briefs.18 Parties who
submit case briefs or rebuttal briefs in
this proceeding are requested to submit
with each brief: (1) A statement of the
issue, (2) a brief summary of the
argument, and (3) a table of
authorities.19 Executive summaries
should be limited to five pages total,
including footnotes.20 Case and rebuttal
briefs should be filed using ACCESS.21
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 30 days of the publication of this
notice in the Federal Register. If a
hearing is requested, the Department
will notify interested parties of the
hearing schedule. Interested parties who
wish to request a hearing, or to
participate if one is requested, must
submit a written request to the Assistant
Secretary for Enforcement and
Compliance, filed electronically via
ACCESS within 30 days after the date of
publication of this notice. Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs.
We intend to issue the final results of
this administrative review, including
the results of our analysis of issues
raised by the parties in the written
comments, within 120 days of
publication of these preliminary results
in the Federal Register, unless
otherwise extended.22
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
18 See
19 See
19 CFR 351.309(d)(1).
19 CFR 351.309(c)(2) and (d)(2).
20 Id.
21 See
22 See
19 CFR 351.303.
section 751(a)(3)(A) of the Act.
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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.
These preliminary results and partial
rescission of administrative review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213(h)(1).
Dated: July 31, 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 Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation
V. Use of Facts Otherwise Available and
Adverse Interferences
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2017–16497 Filed 8–4–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–816]
Certain Steel Nails From Malaysia:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2014–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain steel
nails from Malaysia. The period of
review covers December 29, 2014,
through June 30, 2016. The review
covers three producers/exporters of the
subject merchandise. We preliminarily
determine that sales of subject
merchandise by the collapsed entities
Inmax and Region, both of which were
selected for individual examination,
were made at less than normal value
during the period of review. We are
rescinding the review with respect to 16
companies for which the request for
review was timely withdrawn.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 7, 2017.
AGENCY:
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36741
FOR FURTHER INFORMATION CONTACT:
Edythe Artman or Madeline Heeren,
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) 482–3931 or
(202) 482–9179, respectively.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results of review
are made in accordance with section
751 of the Tariff Act of 1930, as
amended (the Act). On September 12,
2016, the Department published the
notice of initiation for the
administrative review.1 For a complete
description of the events that followed
the initiation of the review, see the
Preliminary Decision Memorandum.2 A
list of topics included in the
Preliminary Decision Memorandum is
included as Appendix II to this notice.
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 to all
parties in the Central Records Unit,
located in Room B8094 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Scope of the Order
The products covered by the scope of
the order are certain steel nails from
Malaysia. For a complete description of
the scope, see Appendix I of this notice.
Partial Rescission of Administrative
Review
In the Initiation Notice, we initiated a
review of 19 companies. However, the
petitioner, Mid Continent Steel & Wire,
Inc., withdrew its request for review of
16 of the companies on December 12,
2016. No other parties had requested a
review of these companies. Thus, in
response to the petitioner’s timely filed
withdrawal request and pursuant to 19
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
62720 (September 12, 2016) (Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review and Intent to Rescind in
Part: Certain Steel Nails from Malaysia; 2014–
2016’’, dated concurrently with this notice.
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Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices
CFR 351.213(d)(1), we are rescinding
this administrative review for the
following companies: Apex Container
Line (M) Sdn Bhd; Astrotech Steels
Private Ltd.; C.H. Robinson Freight
Services Ltd.; Caribbean International
Co. Ltd.; Chia Pao Metal Co. Ltd.;
Expeditors (Malaysia) Sdn Bhd; Flyjac
Logistics Private Ltd.; Hanjin Logistics
India Private Ltd.; Hecny Transportation
(M) Sdn Bhd; Honour Lane Logistics
Sdn Bhd; Jinhai Hardware Co. Ltd.;
Nora Freight Services Sdn Bhd; Orient
Containers Sdn Bhd; Orient Star
Transport Sdn Bhd; Sino Connections
Logistics Co. Ltd.; and Swift Freight
Private Ltd.
Register.6 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.7 Parties who
submit case 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.8
Case and rebuttal briefs should be filed
using ACCESS.9
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.10 Requests should contain: (1)
The party’s name, address and
Methodology
telephone number; (2) the number of
participants; and (3) a list of issues
The Department is conducting this
parties intend to discuss. Issues raised
review in accordance with section
in the hearing will be limited to those
751(a)(1)(B) of the Act. For a full
raised in the respective case and
description of the methodology
rebuttal briefs. If a request for a hearing
underlying the preliminary results, see
the Preliminary Decision Memorandum. is made, the Department intends to hold
the hearing at the U.S. Department of
Preliminary Results of Review
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230, at a date
We preliminarily determine that, for
and time to be determined.11 Parties
the period December 29, 2014, through
should confirm by telephone the date,
June 30, 2016, the following weightedtime, and location of the hearing two
average dumping margins exist: 3 4
days before the scheduled date.
WeightedUnless extended, the Department
average
intends to issue the final results of this
Producer or exporter
dumping
administrative review, which will
margin
include the results of our analysis of all
(percent)
issues raised in the case briefs, within
Inmax Sdn. Bhd. and Inmax In120 days of publication of these
dustries Sdn. Bhd ...................
1.03 preliminary results in the Federal
Region International Co. Ltd.
Register, pursuant to section
and Region System Sdn. Bhd
2.56
751(a)(3)(A) of the Act.
Tag Fasteners Sdn. Bhd ............
1.80
Assessment Rates
Disclosure and Public Comment
mstockstill on DSK30JT082PROD with NOTICES
The Department will disclose to
parties to the proceeding any
calculations performed in connection
with these preliminary results of review
within five days after the date of
publication of this notice.5 Interested
parties may submit case briefs not later
than 30 days after the date of
publication of this notice in the Federal
3 The Department has preliminarily determined to
collapse, and treat as a single entity, affiliates Inmax
Sdn. Bhd. and Inmax Industries Sdn. Bhd.
(collectively, Inmax) and Region International Co.
Ltd. and Region System Sdn. Bhd. (collectively
Region). For our analysis of the collapsing criteria,
see the company-specific analysis memorandum,
dated concurrently with this notice.
4 As we did not have a publicly-ranged total U.S.
sales value for Region for the period December 29,
2014, through June 30, 2016, to calculate a
weighted-average dumping margin for the nonexamined company, Tag Fasteners, the rate applied
to this company is a simple average of the
weighted-average dumping margins calculated for
Inmax and Region.
5 See 19 CFR 351.224(b).
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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.12 If a respondent’s weightedaverage dumping margin is not zero or
de minimis in the final results of this
review and the respondent reported
reliable entered values, we will
calculate importer-specific ad valorem
assessment rates for the merchandise
based on the ratio of the total amount of
dumping calculated for the examined
sales made during the period of review
to each importer to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1). If the
6 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 See 19 CFR 351.303.
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.310(d).
12 See 19 CFR 351.212(b)(1).
7 See
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respondent has not reported reliable
entered values, we will calculate a perunit assessment rate for each importer
by dividing the total amount of
dumping for the examined sales made
during the period of review to that
importer by the total sales quantity
associated with those transactions.
Where an importer-specific ad valorem
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties in accordance with
19 CFR 351.106(c)(2). If the
respondent’s weighted-average dumping
margin is zero or de minimis in the final
results of review, we will instruct CBP
not to assess duties on any of its entries
in accordance with the Final
Modification for Reviews, i.e., ‘‘{w}here
the weighted-average margin of
dumping for the exporter is determined
to be zero or de minimis, no
antidumping duties will be assessed.’’ 13
Regarding entries of subject
merchandise during the period of
review that were produced by Inmax
and Region and for which they did not
know that the merchandise was
destined for the United States, we will
instruct CBP to liquidate un-reviewed
entries at the all-others rate of 2.66
percent, as established in the less-thanfair-value investigation of the order, if
there is no rate for the intermediate
company(ies) involved in the
transaction.14 For a full discussion of
this matter, see Assessment Policy
Notice.15
For the firms covered by this review,
we intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review. For the non-reviewed firms for
which we are rescinding this
administrative review, the Department
intends to instruct CBP 15 days after
publication of these preliminary results
of review to assess antidumping duties
at rates equal to the rates of cash
deposits for estimated antidumping
duties required at the time of entry, or
withdrawn from warehouse, for
consumption, during the period
December 29, 2014, through June 30,
13 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
14 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).
15 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
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Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices
2016, in accordance with 19 CFR
351.212(c)(2).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for Inmax and Region
and other companies listed above will
be equal to the weighted-average
dumping margin established in the final
results of this administrative review; (2)
for previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which they were
reviewed; (3) if the exporter is not a firm
covered in this review, a prior review,
or in the investigation but the producer
is, the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be the all-others rate of 2.66 percent.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a 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.
mstockstill on DSK30JT082PROD with NOTICES
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: July 28, 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 I
Scope of the Order
The merchandise covered by the
antidumping duty order is certain steel nails
having a nominal shaft length not exceeding
12 inches.16 Certain steel nails include, but
are not limited to, nails made from round
wire and nails that are cut from flat-rolled
steel. Certain steel nails may be of one piece
construction or constructed of two or more
pieces. Certain steel nails may be produced
from any type of steel, and may have any
type of surface finish, head type, shank, point
type and shaft diameter. Finishes include,
but are not limited to, coating in vinyl, zinc
(galvanized, including but not limited to
electroplating or hot dipping one or more
times), phosphate, cement, and paint. Certain
steel nails may have one or more surface
finishes. Head styles include, but are not
limited to, flat, projection, cupped, oval,
brad, headless, double, countersunk, and
sinker. Shank styles include, but are not
limited to, smooth, barbed, screw threaded,
ring shank and fluted. Screw-threaded nails
subject to this proceeding are driven using
direct force and not by turning the nail using
a tool that engages with the head. Point styles
include, but are not limited to, diamond,
needle, chisel and blunt or no point. Certain
steel nails may be sold in bulk, or they may
be collated in any manner using any material.
Excluded from the scope of this order are
certain steel nails packaged in combination
with one or more non-subject articles, if the
total number of nails of all types, in aggregate
regardless of size, is less than 25. If packaged
in combination with one or more non-subject
articles, certain steel nails remain subject
merchandise if the total number of nails of
all types, in aggregate regardless of size, is
equal to or greater than 25, unless otherwise
excluded based on the other exclusions
below.
Also excluded from the scope are certain
steel nails with a nominal shaft length of one
inch or less that are (a) a component of an
unassembled article, (b) the total number of
nails is sixty (60) or less, and (c) the imported
unassembled article falls into one of the
following eight groupings: (1) Builders’
joinery and carpentry of wood that are
classifiable as windows, French-windows
and their frames; (2) builders’ joinery and
carpentry of wood that are classifiable as
doors and their frames and thresholds; (3)
swivel seats with variable height adjustment;
(4) seats that are convertible into beds (with
the exception of those classifiable as garden
seats or camping equipment); (5) seats of
cane, osier, bamboo or similar materials; (6)
other seats with wooden frames (with the
16 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.
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exception of seats of a kind used for aircraft
or motor vehicles); (7) furniture (other than
seats) of wood (with the exception of (i)
medical, surgical, dental or veterinary
furniture; and (ii) barbers’ chairs and similar
chairs, having rotating as well as both
reclining and elevating movements); or (8)
furniture (other than seats) of materials other
than wood, metal, or plastics (e.g., furniture
of cane, osier, bamboo or similar materials).
The aforementioned imported unassembled
articles are currently classified under the
following Harmonized Tariff Schedule of the
United States (HTSUS) subheadings: 4418.10,
4418.20, 9401.30, 9401.40, 9401.51, 9401.59,
9401.61, 9401.69, 9403.30, 9403.40, 9403.50,
9403.60, 9403.81 or 9403.89.
Also excluded from the scope of this order
are steel nails that meet the specifications of
Type I, Style 20 nails as identified in Tables
29 through 33 of ASTM Standard F1667
(2013 revision).
Also excluded from the scope of this order
are nails suitable for use in powder-actuated
hand tools, whether or not threaded, which
are currently classified under HTSUS
subheadings 7317.00.20.00 and
7317.00.30.00.
Also excluded from the scope of this order
are nails having a case hardness greater than
or equal to 50 on the Rockwell Hardness C
scale (HRC), a carbon content greater than or
equal to 0.5 percent, a round head, a
secondary reduced-diameter raised head
section, a centered shank, and a smooth
symmetrical point, suitable for use in gasactuated hand tools.
Also excluded from the scope of this order
are corrugated nails. A corrugated nail is
made up of a small strip of corrugated steel
with sharp points on one side.
Also excluded from the scope of this order
are thumb tacks, which are currently
classified under HTSUS subheading
7317.00.10.00.
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, 7806.00.80.00, 7318.29.00.00,
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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Partial Rescission of Administrative
Review
4. Company Not Selected for Individual
Examination
5. Collapsing of Affiliated Companies
6. Date of Sale
7. Comparisons to Normal Value
A. Determination of Comparison Method
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B. Results of the Differential Pricing
Analysis
8. Product Comparisons
9. Export Price
10. Normal Value
A. Home Market Viability as Comparison
Market
B. Level of Trade
C. Sales to Affiliates
D. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the Cost of Production Test
E. Calculation of Normal Value Based on
Comparison Market Prices
F. Price-to-Constructed Value Comparison
11. Currency Conversion
12. Recommendation
[FR Doc. 2017–16496 Filed 8–4–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–854]
Certain Steel Nails From Taiwan:
Preliminary Results of Antidumping
Duty Administrative Review and Partial
Rescission of Administrative Review;
2015–2016
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain steel
nails from Taiwan. The period of review
(POR) is May 20, 2015, through June 30,
2016. This review covers Bonuts
Logistics Co., LLC (Bonuts); Hor Liang
Industrial Corp.; Romp Coil Nails
Industries Inc.; PT Enterprise, Inc. (PT
Enterprise) and its affiliated producer
Pro-Team Coil Nail Enterprise, Inc. (ProTeam) (collectively, PT); and Unicatch
Industrial Co. Ltd. and its affiliated U.S.
reseller, TC International, Inc.
(collectively, Unicatch). The
Department preliminarily determines
that Bonuts, Hor Liang Industrial Corp.,
Romp Coil Nails Industries Inc., PT, and
Unicatch made U.S. sales of subject
merchandise below normal value. The
preliminary results are listed below in
the section titled ‘‘Preliminary Results
of Review.’’ We are rescinding the
review with respect to 79 companies for
which the request for review was timely
withdrawn. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable August 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke or Victoria Cho, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
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AGENCY:
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Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington DC 20230; telephone:
(202) 482–4947 or (202) 482–5075,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order 1
The merchandise covered by this
order is certain steel nails. The certain
steel nails subject to the order are
currently classifiable 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 these
orders also may be classified under
HTSUS subheadings 7907.00.60.00,
8206.00.00.00 or other HTSUS
subheadings.
The full description of the scope of
the order is contained in the
memorandum, ‘‘Decision Memorandum
for Preliminary Results of Antidumping
Duty Administrative Review: Certain
Steel Nails from Taiwan; 2015–2016’’
(Preliminary Decision Memorandum),
which is hereby adopted by this notice.
The written description of the scope of
the order is dispositive.
Methodology
For Unicatch, the Department has
conducted this review in accordance
with section 751(a)(1) of the Tariff Act
of 1930, as amended (the Act). Normal
value (NV) is calculated in accordance
with section 773(e) of the Act.
Constructed export price or export price
is calculated in accordance with section
773(a) of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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 is
available to all parties in the Central
Records Unit, room B–8024 of the main
Department of Commerce building. In
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).
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addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as the Appendix to this notice.
Application of Facts Available and
Adverse Facts Available
We preliminarily determine that PT
and Bonuts failed to cooperate to the
best of their ability in participating in
the review, warranting the application
of facts otherwise available with adverse
inferences, pursuant to section 776(a)–
(b) of the Act. For a full description of
the methodology and rationale
underlying our conclusions, see the
Preliminary Decision Memorandum.
Rate for Non-Examined Companies
The statute and the Department’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for examination
when the Department limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, the Department looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
review in an administrative review.
Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ‘‘an
amount equal to the weighted average of
the estimated weighted average
dumping margins established for
exporters and producers individually
investigated, excluding any zero or de
minimis margins, and any margins
determined entirely {on the basis of
facts available}.’’ In this review, we
calculated a weighted-average dumping
margin for Unicatch that is not zero, de
minimis, or determined entirely on the
basis of facts available. Accordingly, the
Department assigned Hor Liang
Industrial Corp., and Romp Coil Nails
Industries Inc. a margin of 34.20
percent, which is Unicatch’s calculated
weighted-average dumping margin.
Partial Rescission of Review
On December 12, 2016, Mid Continent
Steel & Wire, Inc. (Mid Continent), a
domestic producer and interested party,
timely withdrew its review requests for
E:\FR\FM\07AUN1.SGM
07AUN1
]]>Agencies
[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Notices]
[Pages 36741-36744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16496]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-816]
Certain Steel Nails From Malaysia: Preliminary Results and
Partial Rescission of Antidumping Duty Administrative Review; 2014-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain steel
nails from Malaysia. The period of review covers December 29, 2014,
through June 30, 2016. The review covers three producers/exporters of
the subject merchandise. We preliminarily determine that sales of
subject merchandise by the collapsed entities Inmax and Region, both of
which were selected for individual examination, were made at less than
normal value during the period of review. We are rescinding the review
with respect to 16 companies for which the request for review was
timely withdrawn. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 7, 2017.
FOR FURTHER INFORMATION CONTACT: Edythe Artman or Madeline Heeren, 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) 482-3931 or (202)
482-9179, respectively.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results of review are made in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act). On
September 12, 2016, the Department published the notice of initiation
for the administrative review.\1\ For a complete description of the
events that followed the initiation of the review, see the Preliminary
Decision Memorandum.\2\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. 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
to all parties in the Central Records Unit, located in Room B8094 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 62720 (September 12, 2016) (Initiation
Notice).
\2\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review and Intent to
Rescind in Part: Certain Steel Nails from Malaysia; 2014-2016'',
dated concurrently with this notice.
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Scope of the Order
The products covered by the scope of the order are certain steel
nails from Malaysia. For a complete description of the scope, see
Appendix I of this notice.
Partial Rescission of Administrative Review
In the Initiation Notice, we initiated a review of 19 companies.
However, the petitioner, Mid Continent Steel & Wire, Inc., withdrew its
request for review of 16 of the companies on December 12, 2016. No
other parties had requested a review of these companies. Thus, in
response to the petitioner's timely filed withdrawal request and
pursuant to 19
[[Page 36742]]
CFR 351.213(d)(1), we are rescinding this administrative review for the
following companies: Apex Container Line (M) Sdn Bhd; Astrotech Steels
Private Ltd.; C.H. Robinson Freight Services Ltd.; Caribbean
International Co. Ltd.; Chia Pao Metal Co. Ltd.; Expeditors (Malaysia)
Sdn Bhd; Flyjac Logistics Private Ltd.; Hanjin Logistics India Private
Ltd.; Hecny Transportation (M) Sdn Bhd; Honour Lane Logistics Sdn Bhd;
Jinhai Hardware Co. Ltd.; Nora Freight Services Sdn Bhd; Orient
Containers Sdn Bhd; Orient Star Transport Sdn Bhd; Sino Connections
Logistics Co. Ltd.; and Swift Freight Private Ltd.
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying the preliminary results, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine that, for the period December 29, 2014,
through June 30, 2016, the following weighted-average dumping margins
exist: \3\ \4\
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\3\ The Department has preliminarily determined to collapse, and
treat as a single entity, affiliates Inmax Sdn. Bhd. and Inmax
Industries Sdn. Bhd. (collectively, Inmax) and Region International
Co. Ltd. and Region System Sdn. Bhd. (collectively Region). For our
analysis of the collapsing criteria, see the company-specific
analysis memorandum, dated concurrently with this notice.
\4\ As we did not have a publicly-ranged total U.S. sales value
for Region for the period December 29, 2014, through June 30, 2016,
to calculate a weighted-average dumping margin for the non-examined
company, Tag Fasteners, the rate applied to this company is a simple
average of the weighted-average dumping margins calculated for Inmax
and Region.
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd............... 1.03
Region International Co. Ltd. and Region System Sdn. Bhd.... 2.56
Tag Fasteners Sdn. Bhd...................................... 1.80
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose to parties to the proceeding any
calculations performed in connection with these preliminary results of
review within five days after the date of publication of this
notice.\5\ Interested parties may submit case briefs not later than 30
days after the date of publication of this notice in the Federal
Register.\6\ 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.\7\ Parties who submit case 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.\8\ Case and rebuttal briefs should be filed using
ACCESS.\9\
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\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)(1)(ii).
\7\ See 19 CFR 351.309(d)(1).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303.
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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.\10\ 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.\11\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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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.\12\ If a
respondent's weighted-average dumping margin is not zero or de minimis
in the final results of this review and the respondent reported
reliable entered values, we will calculate importer-specific ad valorem
assessment rates for the merchandise based on the ratio of the total
amount of dumping calculated for the examined sales made during the
period of review to each importer to the total entered value of those
same sales in accordance with 19 CFR 351.212(b)(1). If the respondent
has not reported reliable entered values, we will calculate a per-unit
assessment rate for each importer by dividing the total amount of
dumping for the examined sales made during the period of review to that
importer by the total sales quantity associated with those
transactions. Where an importer-specific ad valorem assessment rate is
zero or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties in accordance with 19 CFR
351.106(c)(2). If the respondent's weighted-average dumping margin is
zero or de minimis in the final results of review, we will instruct CBP
not to assess duties on any of its entries in accordance with the Final
Modification for Reviews, i.e., ``{w{time} here the weighted-average
margin of dumping for the exporter is determined to be zero or de
minimis, no antidumping duties will be assessed.'' \13\
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\12\ See 19 CFR 351.212(b)(1).
\13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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Regarding entries of subject merchandise during the period of
review that were produced by Inmax and Region and for which they did
not know that the merchandise was destined for the United States, we
will instruct CBP to liquidate un-reviewed entries at the all-others
rate of 2.66 percent, as established in the less-than-fair-value
investigation of the order, if there is no rate for the intermediate
company(ies) involved in the transaction.\14\ For a full discussion of
this matter, see Assessment Policy Notice.\15\
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\14\ 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).
\15\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
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For the firms covered by this review, we intend to issue
liquidation instructions to CBP 15 days after publication of the final
results of this review. For the non-reviewed firms for which we are
rescinding this administrative review, the Department intends to
instruct CBP 15 days after publication of these preliminary results of
review to assess antidumping duties at rates equal to the rates of cash
deposits for estimated antidumping duties required at the time of
entry, or withdrawn from warehouse, for consumption, during the period
December 29, 2014, through June 30,
[[Page 36743]]
2016, in accordance with 19 CFR 351.212(c)(2).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Inmax and Region
and other companies listed above will be equal to the weighted-average
dumping margin established in the final results of this administrative
review; (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review, a prior review, or in the investigation
but the producer is, the cash deposit rate will be the rate established
for the most recently completed segment of this proceeding for the
producer of the merchandise; and (4) the cash deposit rate for all
other producers or exporters will continue to be the all-others rate of
2.66 percent. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a 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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: July 28, 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 I
Scope of the Order
The merchandise covered by the antidumping duty order is certain
steel nails having a nominal shaft length not exceeding 12
inches.\16\ Certain steel nails include, but are not limited to,
nails made from round wire and nails that are cut from flat-rolled
steel. Certain steel nails may be of one piece construction or
constructed of two or more pieces. Certain steel nails may be
produced from any type of steel, and may have any type of surface
finish, head type, shank, point type and shaft diameter. Finishes
include, but are not limited to, coating in vinyl, zinc (galvanized,
including but not limited to electroplating or hot dipping one or
more times), phosphate, cement, and paint. Certain steel nails may
have one or more surface finishes. Head styles include, but are not
limited to, flat, projection, cupped, oval, brad, headless, double,
countersunk, and sinker. Shank styles include, but are not limited
to, smooth, barbed, screw threaded, ring shank and fluted. Screw-
threaded nails subject to this proceeding are driven using direct
force and not by turning the nail using a tool that engages with the
head. Point styles include, but are not limited to, diamond, needle,
chisel and blunt or no point. Certain steel nails may be sold in
bulk, or they may be collated in any manner using any material.
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\16\ 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.
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Excluded from the scope of this order are certain steel nails
packaged in combination with one or more non-subject articles, if
the total number of nails of all types, in aggregate regardless of
size, is less than 25. If packaged in combination with one or more
non-subject articles, certain steel nails remain subject merchandise
if the total number of nails of all types, in aggregate regardless
of size, is equal to or greater than 25, unless otherwise excluded
based on the other exclusions below.
Also excluded from the scope are certain steel nails with a
nominal shaft length of one inch or less that are (a) a component of
an unassembled article, (b) the total number of nails is sixty (60)
or less, and (c) the imported unassembled article falls into one of
the following eight groupings: (1) Builders' joinery and carpentry
of wood that are classifiable as windows, French-windows and their
frames; (2) builders' joinery and carpentry of wood that are
classifiable as doors and their frames and thresholds; (3) swivel
seats with variable height adjustment; (4) seats that are
convertible into beds (with the exception of those classifiable as
garden seats or camping equipment); (5) seats of cane, osier, bamboo
or similar materials; (6) other seats with wooden frames (with the
exception of seats of a kind used for aircraft or motor vehicles);
(7) furniture (other than seats) of wood (with the exception of (i)
medical, surgical, dental or veterinary furniture; and (ii) barbers'
chairs and similar chairs, having rotating as well as both reclining
and elevating movements); or (8) furniture (other than seats) of
materials other than wood, metal, or plastics (e.g., furniture of
cane, osier, bamboo or similar materials). The aforementioned
imported unassembled articles are currently classified under the
following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59,
9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or
9403.89.
Also excluded from the scope of this order are steel nails that
meet the specifications of Type I, Style 20 nails as identified in
Tables 29 through 33 of ASTM Standard F1667 (2013 revision).
Also excluded from the scope of this order are nails suitable
for use in powder-actuated hand tools, whether or not threaded,
which are currently classified under HTSUS subheadings 7317.00.20.00
and 7317.00.30.00.
Also excluded from the scope of this order are nails having a
case hardness greater than or equal to 50 on the Rockwell Hardness C
scale (HRC), a carbon content greater than or equal to 0.5 percent,
a round head, a secondary reduced-diameter raised head section, a
centered shank, and a smooth symmetrical point, suitable for use in
gas-actuated hand tools.
Also excluded from the scope of this order are corrugated nails.
A corrugated nail is made up of a small strip of corrugated steel
with sharp points on one side.
Also excluded from the scope of this order are thumb tacks,
which are currently classified under HTSUS subheading 7317.00.10.00.
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, 7806.00.80.00,
7318.29.00.00, 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Partial Rescission of Administrative Review
4. Company Not Selected for Individual Examination
5. Collapsing of Affiliated Companies
6. Date of Sale
7. Comparisons to Normal Value
A. Determination of Comparison Method
[[Page 36744]]
B. Results of the Differential Pricing Analysis
8. Product Comparisons
9. Export Price
10. Normal Value
A. Home Market Viability as Comparison Market
B. Level of Trade
C. Sales to Affiliates
D. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the Cost of Production Test
E. Calculation of Normal Value Based on Comparison Market Prices
F. Price-to-Constructed Value Comparison
11. Currency Conversion
12. Recommendation
[FR Doc. 2017-16496 Filed 8-4-17; 8:45 am]
BILLING CODE 3510-DS-P
