Certain Steel Nails From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Administrative Review; 2015-2016, 36744-36746 [2017-16498]
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36744
Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices
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withdrawn.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
mstockstill on DSK30JT082PROD with NOTICES
AGENCY:
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18:14 Aug 04, 2017
Jkt 241001
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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Sfmt 4703
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
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Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices
certain companies.2 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 days of the date of
publication of the notice of initiation of
the requested review. For a full
description of the methodology and
rationale underlying our conclusions,
see the Preliminary Decision
Memorandum.
Disclosure and Public Comment
Building Products Inc., Hecny Group, Interactive
Corporation, Hi-Sharp Industrial Corp. Ltd., Jade
Shuttle Enterprise Co., Ltd., Home Value Co., Ltd.,
Jau Yeou Industry Co. Ltd., Jinhai Hardware Co.,
Ltd., Nora Freight Services Sdn Bhd, K Win
Fasteners Inc., Orient Express Container Co., Ltd.,
King Freight International Corporation, Orient Star
Transport International Ltd., Kuan Hsin Screw
Industry Co., Ltd., Pacific Concord International
Ltd., Liang Chyuan Industrial Co., Ltd., Patek Tool
Co., Ltd., Linkwell Industry Co. Ltd., Pneumax
Corp., ML Global Ltd., President Industrial Inc.,
Maytrans International Corp., Newrex Screw
Corporation, Qi Ding Enterprise Co. Ltd., T.H.I.
Logistics Co. Ltd., Quick Advance Inc., Tag
Fasteners Sdn Bhd, Ray Fu Enterprise Co., Ltd.,
Taiwan Wakisangyo Co. Ltd., Region Systen Sdn
Bhd, Tianjin Jinchi Metal Products Co. Ltd., TK
Logistics International Co. Ltd., Schenker (H.K.)
Ltd. Taiwan Branch, Topocean Consolidation
Service Ltd., Shang Jeng Nail Co., Ltd., Transworld
Transportation Co. Ltd., Suntec Industries Co., Ltd.,
Unicom International Tower, Trim International
Inc., Tsi-Translink (Taiwan) Co. Ltd., WTA
International Co. Ltd., U-Can-Do Hardware Corp.,
Yeun Chang Hardware Tool Co. Ltd., United Nail
Products Co. Ltd., Yu Tai World Co., Ltd., UPS
Supply Chain Solutions, and Zon Mon Co. Ltd.
Assessment Rates
mstockstill on DSK30JT082PROD with NOTICES
The Department intends to disclose to
interested parties the calculations
performed in connection with these
preliminary results within five days of
the date of publication of this notice.4
Interested parties may submit cases
briefs no later than 30 days after the
date of publication of this notice.5
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the due date for
filing case briefs.6 Parties who submit
Preliminary Results of the Review
case briefs or rebuttal briefs in this
As a result of this review, we
proceeding are encouraged to submit
preliminarily determine that the
with each argument: (1) A statement of
following weighted-average dumping
the issue; (2) a brief summary of the
margins exist:
argument; and (3) a table of authorities.7
Case and rebuttal briefs should be filed
Dumping
using ACCESS.8 In order to be properly
Producer/exporter
margin
filed, ACCESS must successfully receive
(percent)
an electronically filed document in its
Bonuts Logistics Co., LLC ..........
78.17 entirety by 5 p.m. Eastern Time.
PT Enterprise, Inc./Pro-Team
Pursuant to 19 CFR 351.310(c),
Coil Nail Enterprise, Inc ..........
78.17 interested parties who wish to request a
Unicatch Industrial Co. Ltd .........
34.20 hearing must submit a written request to
Non-Examined Companies 3 ......
34.20 the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS, within 30 days after the date
2 ABF Freight International Private Ltd.,
of publication of this notice.9 Requests
Astrotech Steels Private Ltd., Air Sea Transport,
Inc., Basso Industry Corporation, Apex Maritime
should contain: (1) The party’s name,
(Fuzhou) Co., Ltd., Blue Moon Logistics Private
address, and telephone number; (2) the
Ltd., Apex Maritime (Shenzhen) Co., Ltd., Aplus
number of participants; and (3) a list of
Pneumatic Corp., Bollore Logistics (Taiwan) Ltd.,
issues to be discussed. Issues raised in
Bollore Logistics (Vietnam) Co. Ltd., Dahnay
Logistics Private Ltd., C.H. Robinson Freight
the hearing will be limited to those
Services, DIFS Logistics Co. Ltd., Certified Products
raised in the respective case and
Taiwan Inc., Eagre International Trade Co., Ltd.,
rebuttal briefs.
Challenge Industrial Co., Ltd., Easylink Industrial
Unless otherwise extended, the
Co., Ltd., Chia Pao Metal Co. Ltd., Encore Green
Co., Ltd., China Staple Enterprise Corporation,
Department intends to issue the final
Everise Global Logistics Co., Ltd., Chite Enterprises
results of this administrative review,
Co., Ltd., Faithful Engineering Products Co. Ltd.,
including the results of its analysis of
Crown Run Industrial Corp., Fastenal Asia Pacific
the issues raised in any written briefs,
Ltd., Freight Links International Ltd., Honour Lane
Logistics Co., Ltd., General Merchandise
not later than 120 days after the date of
Consolidators, Ginfa World Co. Ltd., HWA Hsing
publication of this notice, pursuant to
Screw Industry Co. Ltd., Gloex Company, Inmax
section 751(a)(3)(A) of the Act.
Industries Sdn Bhd, Hariharan Logistics, Integral
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22:55 Aug 04, 2017
Jkt 241001
Upon completion of the
administrative review, the Department
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries in accordance with 19 CFR
351.212(b)(1). We intend to issue
instructions to CBP 15 days after the
date of publication of the final results of
this review.
Where the respondent reported
reliable entered values, we calculated
importer- (or customer-) specific ad
3 The non-examined companies are Hor Liang
Industrial Corp., and Romp Coil Nails Industries
Inc.
4 See 19 CFR 351.224(b).
5 See 19 CFR 351.309(c)(1)(ii).
6 See 19 CFR 351.309(d).
7 See 19 CFR 351.309(c)(2) and (d)(2).
8 See 19 CFR 351.303.
9 See 19 CFR 351.310(c).
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36745
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
entered value of the sales to each
importer (or customer).10 Where the
Department calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, the Department will direct
CBP to assess importer- (or customer-)
specific assessment rates based on the
resulting per-unit rates.11 Where an
importer- (or customer-) specific ad
valorem or per-unit rate is greater than
de minimis (i.e., 0.50 percent), the
Department will instruct CBP to collect
the appropriate duties at the time of
liquidation.12 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis, the
Department will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.13
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
methodology described in the ‘‘Rates for
Non-Examined Companies’’ section,
above.
Consistent with the Department’s
assessment practice, for entries of
subject merchandise during the POR
produced by Bonuts, PT, Unicatch, or
the non-examined companies, for which
the producer did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.14
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 May 20,
10 See
19 CFR 351.212(b)(1).
11 Id.
12 Id.
13 See
19 CFR 351.106(c)(2).
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
14 For
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Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Notices
2015, through June 30, 2016, in
accordance with 19 CFR 351.212(c)(2).
Cash Deposit Requirements
The following cash deposit
requirements will be effective 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 Bonuts, PT,
and Unicatch will be equal to the
weighted-average dumping margin
established in the final results of this
review, except if the rate is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for other
manufacturers and exporters covered in
a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which that manufacturer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
less-than-fair-value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recently
completed segment of this proceeding
for the manufacturer of subject
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 2.24
percent, the all-others rate in the LTFV
investigation.15 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
mstockstill on DSK30JT082PROD with NOTICES
Notifications
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
Secretary’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.
15 See Certain Steel Nails from Taiwan: Final
Determination of Sales at Less Than Fair Value, 80
FR 28959 (May 20, 2015).
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18:14 Aug 04, 2017
Jkt 241001
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
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No
Shipments
5. Affiliation and Collapsing
6. Adverse Facts Available
7. Comparisons to Normal Value
8. Date of Sale
9. Export Price and Constructed Export Price
10. Normal Value
11. Currency Conversion
12. Recommendation
[FR Doc. 2017–16498 Filed 8–4–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–985]
Xanthan Gum From the People’s
Republic of China: Preliminary Results
of the Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2015–
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 xanthan
gum from the People’s Republic of
China (PRC). The period of review
(POR) is July 1, 2015, through June 30,
2016. The review covers two mandatory
respondents, Fufeng (which includes
Neimenggu Fufeng Biotechnologies Co.,
Ltd. (a.k.a., Inner Mongolia Fufeng
Biotechnologies Co., Ltd.), Xinjiang
Fufeng Biotechnologies Co., Ltd., and
Shandong Fufeng Fermentation Co.,
Ltd.) and Deosen (which includes
Deosen Biochemical Ltd. and Deosen
Biochemical (Ordos) Ltd.).
We preliminarily determine that sales
of subject merchandise by Deosen have
been made at prices below normal value
(NV), and that sales of subject
merchandise by Fufeng have not. We
also preliminarily grant separate rates to
four exporter groupings listed in the
‘‘Preliminary Results of Review’’ section
of this notice and included Hebei Xinhe
Biochemical Co., Ltd. as part of the PRCAGENCY:
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Fmt 4703
Sfmt 4703
wide entity. Finally, we preliminarily
find that A.H.A. International Co., Ltd.
(AHA) made no shipments of subject
merchandise during the POR. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable August 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Brian Smith, Jesus Saenz, or Michael
Bowen, AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–1766,
(202) 482–8184, and (202) 482–0768,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by the order
includes dry xanthan gum, whether or
not coated or blended with other
products. Xanthan gum is included in
this order regardless of physical form,
including, but not limited to, solutions,
slurries, dry powders of any particle
size, or unground fiber.
Merchandise covered by the scope of
the order is classified in the
Harmonized Tariff Schedule of the
United States at subheading 3913.90.20.
This tariff classification is provided for
convenience and customs purposes;
however, the written description of the
scope is dispositive. A full description
of the scope of the order is contained in
the Preliminary Decision
Memorandum.1
Preliminary Determination of No
Shipments
On October 19, 2016, AHA submitted
a timely filed certification that it had no
exports, sales, or entries of subject
merchandise during the POR.2 Based on
an analysis of U.S. Customs and Border
Protection (CBP) information and AHA’s
no shipment certification, the
Department preliminarily determines
that AHA had no shipments, and,
therefore, no reviewable transactions,
1 For a complete description of the Scope of the
Order, see ‘‘Decision Memorandum for the
Preliminary Results of Antidumping Duty
Administrative Review: Xanthan Gum from the
People’s Republic of China; 2015–2016,’’
(Preliminary Decision Memorandum) from James P.
Maeder, Jr., Senior Director performing the duties
of Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to 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, dated
concurrently with, and hereby adopted by, this
notice.
2 See letter from AHA, ‘‘Xanthan Gum from the
People’s Republic of China Separate Rate
Certification of AHA,’’ dated October 19, 2016.
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07AUN1
]]>Agencies
[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Notices]
[Pages 36744-36746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16498]
-----------------------------------------------------------------------
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
AGENCY: 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. (Pro-Team) (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
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 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{time} .'' 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
[[Page 36745]]
certain companies.\2\ 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 days of
the date of publication of the notice of initiation of the requested
review. For a full description of the methodology and rationale
underlying our conclusions, see the Preliminary Decision Memorandum.
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\2\ ABF Freight International Private Ltd., Astrotech Steels
Private Ltd., Air Sea Transport, Inc., Basso Industry Corporation,
Apex Maritime (Fuzhou) Co., Ltd., Blue Moon Logistics Private Ltd.,
Apex Maritime (Shenzhen) Co., Ltd., Aplus Pneumatic Corp., Bollore
Logistics (Taiwan) Ltd., Bollore Logistics (Vietnam) Co. Ltd.,
Dahnay Logistics Private Ltd., C.H. Robinson Freight Services, DIFS
Logistics Co. Ltd., Certified Products Taiwan Inc., Eagre
International Trade Co., Ltd., Challenge Industrial Co., Ltd.,
Easylink Industrial Co., Ltd., Chia Pao Metal Co. Ltd., Encore Green
Co., Ltd., China Staple Enterprise Corporation, Everise Global
Logistics Co., Ltd., Chite Enterprises Co., Ltd., Faithful
Engineering Products Co. Ltd., Crown Run Industrial Corp., Fastenal
Asia Pacific Ltd., Freight Links International Ltd., Honour Lane
Logistics Co., Ltd., General Merchandise Consolidators, Ginfa World
Co. Ltd., HWA Hsing Screw Industry Co. Ltd., Gloex Company, Inmax
Industries Sdn Bhd, Hariharan Logistics, Integral Building Products
Inc., Hecny Group, Interactive Corporation, Hi-Sharp Industrial
Corp. Ltd., Jade Shuttle Enterprise Co., Ltd., Home Value Co., Ltd.,
Jau Yeou Industry Co. Ltd., Jinhai Hardware Co., Ltd., Nora Freight
Services Sdn Bhd, K Win Fasteners Inc., Orient Express Container
Co., Ltd., King Freight International Corporation, Orient Star
Transport International Ltd., Kuan Hsin Screw Industry Co., Ltd.,
Pacific Concord International Ltd., Liang Chyuan Industrial Co.,
Ltd., Patek Tool Co., Ltd., Linkwell Industry Co. Ltd., Pneumax
Corp., ML Global Ltd., President Industrial Inc., Maytrans
International Corp., Newrex Screw Corporation, Qi Ding Enterprise
Co. Ltd., T.H.I. Logistics Co. Ltd., Quick Advance Inc., Tag
Fasteners Sdn Bhd, Ray Fu Enterprise Co., Ltd., Taiwan Wakisangyo
Co. Ltd., Region Systen Sdn Bhd, Tianjin Jinchi Metal Products Co.
Ltd., TK Logistics International Co. Ltd., Schenker (H.K.) Ltd.
Taiwan Branch, Topocean Consolidation Service Ltd., Shang Jeng Nail
Co., Ltd., Transworld Transportation Co. Ltd., Suntec Industries
Co., Ltd., Unicom International Tower, Trim International Inc., Tsi-
Translink (Taiwan) Co. Ltd., WTA International Co. Ltd., U-Can-Do
Hardware Corp., Yeun Chang Hardware Tool Co. Ltd., United Nail
Products Co. Ltd., Yu Tai World Co., Ltd., UPS Supply Chain
Solutions, and Zon Mon Co. Ltd.
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Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist:
------------------------------------------------------------------------
Dumping
Producer/exporter margin
(percent)
------------------------------------------------------------------------
Bonuts Logistics Co., LLC................................... 78.17
PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc...... 78.17
Unicatch Industrial Co. Ltd................................. 34.20
Non-Examined Companies \3\.................................. 34.20
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with these preliminary results
within five days of the date of publication of this notice.\4\
Interested parties may submit cases briefs no later than 30 days after
the date of publication of this notice.\5\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the due date for filing case briefs.\6\ 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.\7\ Case and rebuttal
briefs should be filed using ACCESS.\8\ In order to be properly filed,
ACCESS must successfully receive an electronically filed document in
its entirety by 5 p.m. Eastern Time.
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\3\ The non-examined companies are Hor Liang Industrial Corp.,
and Romp Coil Nails Industries Inc.
\4\ See 19 CFR 351.224(b).
\5\ See 19 CFR 351.309(c)(1)(ii).
\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing 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.\9\
Requests should contain: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs.
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\9\ See 19 CFR 351.310(c).
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Unless otherwise extended, the Department intends to issue the
final results of this administrative review, including the results of
its analysis of the issues raised in any written briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue
instructions to CBP 15 days after the date of publication of the final
results of this review.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\10\ Where the
Department calculated a weighted-average dumping margin by dividing the
total amount of dumping for reviewed sales to that party by the total
sales quantity associated with those transactions, the Department will
direct CBP to assess importer- (or customer-) specific assessment rates
based on the resulting per-unit rates.\11\ Where an importer- (or
customer-) specific ad valorem or per-unit rate is greater than de
minimis (i.e., 0.50 percent), the Department will instruct CBP to
collect the appropriate duties at the time of liquidation.\12\ Where an
importer- (or customer-) specific ad valorem or per-unit rate is zero
or de minimis, the Department will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\13\
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\10\ See 19 CFR 351.212(b)(1).
\11\ Id.
\12\ Id.
\13\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rates for Non-Examined Companies'' section, above.
Consistent with the Department's assessment practice, for entries
of subject merchandise during the POR produced by Bonuts, PT, Unicatch,
or the non-examined companies, for which the producer did not know that
its merchandise was destined for the United States, we will instruct
CBP to liquidate unreviewed entries at the all-others rate if there is
no rate for the intermediate company(ies) involved in the
transaction.\14\
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\14\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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
May 20,
[[Page 36746]]
2015, through June 30, 2016, in accordance with 19 CFR 351.212(c)(2).
Cash Deposit Requirements
The following cash deposit requirements will be effective 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 Bonuts, PT, and
Unicatch will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), in which
case the cash deposit rate will be zero; (2) for other manufacturers
and exporters covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding in which
that manufacturer or exporter participated; (3) if the exporter is not
a firm covered in this review, a prior review, or the original less-
than-fair-value (LTFV) investigation, but the manufacturer is, then the
cash deposit rate will be the rate established for the most recently
completed segment of this proceeding for the manufacturer of subject
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 2.24 percent, the all-others rate in
the LTFV investigation.\15\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\15\ See Certain Steel Nails from Taiwan: Final Determination of
Sales at Less Than Fair Value, 80 FR 28959 (May 20, 2015).
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Notifications
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 Secretary'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.
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
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Affiliation and Collapsing
6. Adverse Facts Available
7. Comparisons to Normal Value
8. Date of Sale
9. Export Price and Constructed Export Price
10. Normal Value
11. Currency Conversion
12. Recommendation
[FR Doc. 2017-16498 Filed 8-4-17; 8:45 am]
BILLING CODE 3510-DS-P
