Certain Steel Nails From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016, 42291-42294 [2017-18977]

Download as PDF Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices DC 20230, at a date and time to be determined.13 Parties should confirm the date, time, and location of the hearing two days before the scheduled date. The Department intends to publish the final results of this administrative review, including the results of its analysis of issues raised in any case or rebuttal brief, no later than 120 days after publication of these preliminary results, unless extended.14 mstockstill on DSK30JT082PROD with NOTICES Assessment Rates Upon completion of this administrative review, the Department shall determine, and Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. If the preliminary results are unchanged for the final results, we will instruct CBP to apply an ad valorem assessment rate of 60.81 percent to all entries of subject merchandise during the period of review which were produced and/or exported by Hyosung, Hyundai, and the aforementioned companies which were not selected for individual examination.15 We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review. 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publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the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 Hyosung and Hyundai and other companies listed above will be equal to the weightedaverage 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; 13 See 19 CFR 351.310(d). section 751(a)(3)(A) of the Act; 19 CFR 351.213(h). 15 See Preliminary Decision Memorandum at ‘‘Rate for Non-Selected Companies’’ (for an explanation of how we preliminarily determined the rate for non-selected companies). 14 See VerDate Sep<11>2014 17:42 Sep 06, 2017 Jkt 241001 and (4) the cash deposit rate for all other producers or exporters will continue to be the all-others rate of 22.00 percent, the rate established in the investigation of this proceeding.16 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. Dated: August 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. Application of Facts Available and Use of Adverse Inference A. Application of Facts Available B. Use of Adverse Inference C. Selection and Corroboration of the Adverse Facts Available Rate V. Discussion of The Issues A. Hyosung-Specific Issues Failure to Report Separately Service-Related Revenues Invoice Used in last Period of Review (POR) Used in this POR for Different Sale Unreported Sales Adjustments B. Hyundai-Specific Issues Failure to Separately Report the Prices and Costs for Accessories Understatement of the Home Market Gross Unit Price Undisclosed Relationship with Hyundai’s Sales Agent VI. Rate for Non-Selected Companies VII. Recommendation [FR Doc. 2017–18998 Filed 9–6–17; 8:45 am] BILLING CODE 3510–DS–P 16 See Large Power Transformers from the Republic of Korea: Antidumping Duty Order, 77 FR 53177 (August 31, 2012). PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 42291 DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Certain Steel Nails 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) preliminarily determines that mandatory respondents Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc. (collectively Stanley), and Tianjin Lianda Group Co, Ltd. (Tianjin Lianda) sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR), August 1, 2015, through July 31, 2016. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties (AD) on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. DATES: Applicable September 7, 2017. FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Courtney Canales, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2312 or (202) 482–4997, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 14, 2016, the Department published in the Federal Register the notice of initiation of an administrative review of the AD order on certain steel nails (Nails) from the People’s Republic of China (PRC) for the period of review August 1, 2015, through July 31, 2016. The Department initiated a review with respect to 31 companies.1 The 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 71064 (October 14, 2016) (Initiation Notice). Although there were 32 companies in the initiation, it included SDC International Australia Pty Ltd. Per the Final Results of Redetermination Pursuant to Voluntary Remand Order: SDC International Aust. PTY. Ltd. v. United States, CIT Court No. 16–00062 (January 20, 2017), we found both SDC International Aust. Pty. Ltd. and SDC International Australia Pty Ltd., to be the same company. E:\FR\FM\07SEN1.SGM Continued 07SEN1 42292 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices Department selected two mandatory respondents, Stanley and Tianjin Lianda, based on highest volume of exports.2 On April 21, 2017, the Department extended the preliminary results of review to August 31, 2017. Scope of the Order The merchandise covered by the order includes certain steel nails having a shaft length up to 12 inches. Certain steel nails subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7317.00.55, 7317.00.65, 7317.00.75, and 7907.00.6000.3 While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.4 mstockstill on DSK30JT082PROD with NOTICES Preliminary Determination of No Shipments Based on the no-shipments letters filed by two companies,5 the Department preliminarily determines that these companies had no shipments during the POR. For additional information regarding this determination, including a list of these companies, see the Preliminary Decision Memorandum. Consistent with our assessment practice in non-market economy (NME) administrative reviews, the Department is not rescinding this review for these companies, but intends to complete the review and issue appropriate instructions to CBP based on the final results of the review.6 Therefore, SDC International Aust. Pty. Ltd. is the party under review; SDC International Australia Pty Ltd. is not under review as a distinct company. 2 See Respondent Selection Memo dated February 2, 2017. 3 The Department added the Harmonized Tariff Schedule category 7907.00.6000, ‘‘Other articles of zinc: Other,’’ to the language of the Order. See Memorandum to Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office 9, Antidumping and Countervailing Duty Operations, regarding ‘‘Certain Steel Nails from the People’s Republic of China: Cobra Anchors Co. Ltd. Final Scope Ruling,’’ dated September 19, 2013. 4 See ‘‘Certain Steel Nails from the People’s Republic of China: Decision Memorandum for the Preliminary Results of the 2015–2016 Antidumping Duty Administrative Review,’’ (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice, for a complete description of the Scope of the Order. 5 Although Shanxi Yuci, Besco Machinery Industry (Zheijiang) Co., Ltd., Certified Products International Inc., PT Enterprise Inc., Shanghai Jade Shuttle Hardware Tools Co., Ltd., and Zhejian GemChun Hardware Accessory Co., Ltd. submitted a No Shipments Letter, they are not among the 31 companies initiated on in this review, and therefore are not subject to this review. Therefore, we have only evaluated the no shipment claims of the two companies that submitted no shipments letters and for which this review was initiated. 6 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 VerDate Sep<11>2014 17:42 Sep 06, 2017 Jkt 241001 Separate Rates The Department preliminarily determines that information placed on the record by the mandatory respondents Stanley and Tianjin Lianda, as well as by the 22 other separate rate applicants, demonstrates that these companies are entitled to separate rate status. See Preliminary Results of Review section below. For additional information, see the Preliminary Decision Memorandum. PRC-Wide Entity The Department’s policy regarding conditional review of the PRC-wide entity applies to this administrative review.7 Under this policy, the PRCwide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, the entity is not under review and the weighted-average dumping margin determined for the PRC-wide entity is not subject to change (i.e., 118.04 percent) as a result of this review.8 Aside from the companies discussed above, the Department considers all other companies for which a review was requested 9 to be part of the PRC-wide entity. For additional information, see the Preliminary Decision Memorandum; see also Appendix 2 for a list of companies considered as part of the PRC-wide entity. Rate for Separate-Rate Companies Not Individually Examined The statute and the Department’s regulations do not address the establishment of a rate to be applied to respondents not selected for individual examination when the Department limits its examination of companies subject to the administrative review pursuant to section 777A(c)(2)(B) of the Tariff Act of 1930, as amended (the Act). Generally, the Department looks to section 735(c)(5) of the Act, which provides instructions for calculating the FR 65694, 65694–95 (October 24, 2011) and the ‘‘Assessment Rates’’ section, below. 7 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 8 Id.; Certain Steel Nails from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2012–2013, 80 FR 18816, 18817 and accompanying Issues and Decision Memorandum. 9 These companies are: Aironware (Shanghai) Co., Ltd., Certified Products Taiwan Inc., Chiieh Yung Metal Ind. Corp., Faithful Engineering Products Co., Ltd., and Huanghua Xionghua Hardware Products Co., Ltd. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 all-others rate in an investigation, for guidance when calculating the rate for companies not individually examined in an administrative review. Section 735(c)(5)(A) of the Act articulates a preference for not calculating an allothers rate using rates which are zero, de minimis or based entirely on facts available (FA). Accordingly, the Department’s usual practice has been to determine the dumping margin for companies not individually examined by averaging the weighted-average dumping margins for the individually examined respondents, excluding rates that are zero, de minimis, or based entirely on facts available.10 Consistent with this practice, in this review, we calculated weighted-average dumping margins for both Stanley and Tianjin Lianda that are both not zero, de minimis or based entirely on FA; therefore, the Department assigned to the companies not individually examined, but which demonstrated their eligibility for a separate rate, the weighted average of the weightedaverage dumping margins calculated for Stanley and Tianjin Lianda in these preliminary results. This average has been weighted by the ranged, publicly available sale quantities for Stanley and Tianjin Lianda in the U.S. market. Methodology The Department is conducting this review in accordance with sections 751(a)(1)(B) and 751(a)(2)(A) of the Act. Constructed export prices and export prices have been calculated in accordance with section 772 of the Act. Because the PRC is a non-market economy country within the meaning of section 771(18) of the Act, normal value (NV) has been calculated in accordance with section 773(c) 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 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 10 See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying Issues and Decision Memorandum at Comment 16. E:\FR\FM\07SEN1.SGM 07SEN1 42293 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review The Department preliminarily determines that the following weighted- average dumping margins exist for the period August 1, 2015, through July 31, 2016: Weighted-average dumping margin Exporter/producer Stanley ........................................................................................................................................................................................... Tianjin Lianda ................................................................................................................................................................................ Dezhou Hualude Hardware Products Co., Ltd .............................................................................................................................. Hebei Cangzhou New Century Foreign Trade Co., Ltd ................................................................................................................ Hebei Minmetals Co., Ltd .............................................................................................................................................................. Nanjing CAIQING Hardware Co., Ltd ............................................................................................................................................ Nanjing Toua Hardware & Tools Co., Ltd ..................................................................................................................................... Qingdao D&L Group Ltd ................................................................................................................................................................ SDC International Aust. PTY. LTD ................................................................................................................................................ Shandong Dinglong Import & Export Co., Ltd ............................................................................................................................... Shandong Oriental Cherry Hardware Group Co., Ltd ................................................................................................................... Shandong Qingyun Hongyi Hardware Products Co., Ltd ............................................................................................................. Shanghai Curvet Hardware Products Co., Ltd .............................................................................................................................. Shanghai Yueda Nails Industry Co., Ltd a.k.a. Shanghai Yueda ................................................................................................. Shanxi Hairui Trade Co., Ltd ......................................................................................................................................................... Shanxi Pioneer Hardware Industrial Co., Ltd ................................................................................................................................ Shanxi Tianli Industries Co., Ltd ................................................................................................................................................... Suntec Industries Co., Ltd ............................................................................................................................................................. S-Mart (Tianjin) Technology Development Co., Ltd ...................................................................................................................... Tianjin Jinchi Metal Products Co., Ltd ........................................................................................................................................... Tianjin Jinghai County Hongli Industry & Business Co., Ltd ........................................................................................................ Tianjin Universal Machinery Imp. & Exp. Corporation .................................................................................................................. Tianjin Zhonglian Metals Ware Co., Ltd ........................................................................................................................................ Xi’an Metals & Minerals Import & Export Co., Ltd ........................................................................................................................ Disclosure The Department intends to disclose to interested parties the calculations performed in connection with these preliminary results within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). mstockstill on DSK30JT082PROD with NOTICES Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the date of publication of these preliminary results, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.11 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this administrative review 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. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the 11 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 17:42 Sep 06, 2017 Jkt 241001 3.60 332.95 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 28.21 case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. 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 time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. 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, unless extended. review.12 The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. For any individually examined respondent whose weighted average dumping margin is not zero or de minimis (i.e., less than 0.50 percent) in the final results of this review, the Department will calculate importerspecific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those sales, in accordance with 19 CFR 351.212(b)(1). Where an importerspecific ad valorem rate is not zero or de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation.13 Where either a respondent’s weightedaverage dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.14 Assessment Rates The following cash deposit requirements will be effective upon Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 Cash Deposit Requirements 12 See 19 CFR 351.212(b). 19 CFR 351.212(b)(1). 14 See 19 CFR 351.106(c)(2). 13 See E:\FR\FM\07SEN1.SGM 07SEN1 42294 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this review (except, if the rate is de minimis, then cash deposit rate will be zero); (2) for previously examined PRC and non-PRC exporters not listed above that at the time of entry are eligible for a separate rate based on a prior completed segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific cash deposit rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate at the time of entry, the cash deposit rate will be that for the PRC-wide entity (i.e., 118.04 percent); and (4) for all non-PRC exporters of subject merchandise which at the time of entry are not eligible for a separate rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR. 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 This preliminary determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 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 1 List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background VerDate Sep<11>2014 17:42 Sep 06, 2017 Jkt 241001 3. Scope of the Order 4. Preliminary Determination of No Shipments 5. Non-Market Economy Country Status 6. Separate Rates 7. Application of Facts Available and Use of Adverse Inference 8. Facts Available 9. Surrogate Country 10. Date of Sale 11. Normal Value Comparisons 12. Factor Valuation Methodology 13. Comparisons to Normal Value 14. Currency Conversion 15. Recommendation Appendix 2 1. Aironware (Shanghai) Co., Ltd. 2. Certified Products Taiwan Inc. 3. Chiieh Yung Metal Ind. Corp. 4. Faithful Engineering Products Co., Ltd. 5. Huanghua Xionghua Hardware Products Co., Ltd. [FR Doc. 2017–18977 Filed 9–6–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Proposed Information Collection; Comment Request; EU–U.S. Privacy Shield; Invitation for Applications for Inclusion on the List of Arbitrators International Trade Administration. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before November 6, 2017. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at PRAcomments@doc.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Nasreen Djouini at the U.S. Department of Commerce, either by email at Nasreen.Djouini@trade.gov, or by fax at: 202–482–5522. More information on the arbitration mechanism may be found at https:// www.privacyshield.gov/ article?id=ANNEX-I-introduction. SUMMARY: PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: I. Abstract The EU–U.S. Privacy Shield Framework was designed by the U.S. Department of Commerce (DOC) and the European Commission (Commission) to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the European Union to the United States in support of transatlantic commerce. On July 12, 2016, the Commission deemed the EU–U.S. Privacy Shield Framework (Privacy Shield) adequate to enable data transfers under EU law, and on August 1, 2016, the DOC began accepting selfcertifications from U.S. companies to join the program (81 FR 47752; July 22, 2016). For more information on the Privacy Shield, visit www.privacyshield.gov. As described in Annex I of the Privacy Shield, the DOC and the Commission have committed to implement an arbitration mechanism to provide European individuals with the ability to invoke binding arbitration to determine, for residual claims, whether an organization has violated its obligations under the Privacy Shield. Organizations voluntarily self-certify to the Privacy Shield and, upon certification, the commitments the organization has made to comply with the Privacy Shield become legally enforceable under U.S. law. Organizations that self-certify to the Privacy Shield commit to binding arbitration of residual claims if the individual chooses to exercise that option. Under the arbitration option, a Privacy Shield Panel (consisting of one or three arbitrators, as agreed by the parties) has the authority to impose individual-specific, non-monetary equitable relief (such as access, correction, deletion, or return of the individual’s data in question) necessary to remedy the violation of the Privacy Shield only with respect to the individual. The parties will select the arbitrators from the list of arbitrators described below. The DOC and the European Commission seek to develop a list of at least 20 arbitrators. To be eligible for inclusion on the list, applicants must be admitted to practice law in the United States and have expertise in both U.S. privacy law and EU data protection law. Applicants shall not be subject to any instructions from, or be affiliated with, any Privacy Shield organization, or the U.S., EU, or any EU Member State or any other governmental authority, public authority or enforcement authority. E:\FR\FM\07SEN1.SGM 07SEN1

Agencies

[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42291-42294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18977]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2015-2016

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that mandatory respondents Stanley Works (Langfang) 
Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc. 
(collectively Stanley), and Tianjin Lianda Group Co, Ltd. (Tianjin 
Lianda) sold subject merchandise in the United States at prices below 
normal value (NV) during the period of review (POR), August 1, 2015, 
through July 31, 2016. If these preliminary results are adopted in the 
final results, the Department will instruct U.S. Customs and Border 
Protection (CBP) to assess antidumping duties (AD) on all appropriate 
entries of subject merchandise during the POR. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable September 7, 2017.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Courtney Canales, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-2312 or (202) 
482-4997, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 14, 2016, the Department published in the Federal 
Register the notice of initiation of an administrative review of the AD 
order on certain steel nails (Nails) from the People's Republic of 
China (PRC) for the period of review August 1, 2015, through July 31, 
2016. The Department initiated a review with respect to 31 
companies.\1\ The

[[Page 42292]]

Department selected two mandatory respondents, Stanley and Tianjin 
Lianda, based on highest volume of exports.\2\ On April 21, 2017, the 
Department extended the preliminary results of review to August 31, 
2017.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 71064 (October 14, 2016) (Initiation 
Notice). Although there were 32 companies in the initiation, it 
included SDC International Australia Pty Ltd. Per the Final Results 
of Redetermination Pursuant to Voluntary Remand Order: SDC 
International Aust. PTY. Ltd. v. United States, CIT Court No. 16-
00062 (January 20, 2017), we found both SDC International Aust. Pty. 
Ltd. and SDC International Australia Pty Ltd., to be the same 
company. Therefore, SDC International Aust. Pty. Ltd. is the party 
under review; SDC International Australia Pty Ltd. is not under 
review as a distinct company.
    \2\ See Respondent Selection Memo dated February 2, 2017.
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Scope of the Order

    The merchandise covered by the order includes certain steel nails 
having a shaft length up to 12 inches. Certain steel nails subject to 
the order are currently classified under the Harmonized Tariff Schedule 
of the United States (HTSUS) subheadings 7317.00.55, 7317.00.65, 
7317.00.75, and 7907.00.6000.\3\ While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.\4\
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    \3\ The Department added the Harmonized Tariff Schedule category 
7907.00.6000, ``Other articles of zinc: Other,'' to the language of 
the Order. See Memorandum to Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, through James C. 
Doyle, Director, Office 9, Antidumping and Countervailing Duty 
Operations, regarding ``Certain Steel Nails from the People's 
Republic of China: Cobra Anchors Co. Ltd. Final Scope Ruling,'' 
dated September 19, 2013.
    \4\ See ``Certain Steel Nails from the People's Republic of 
China: Decision Memorandum for the Preliminary Results of the 2015-
2016 Antidumping Duty Administrative Review,'' (Preliminary Decision 
Memorandum), dated concurrently with these results and hereby 
adopted by this notice, for a complete description of the Scope of 
the Order.
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Preliminary Determination of No Shipments

    Based on the no-shipments letters filed by two companies,\5\ the 
Department preliminarily determines that these companies had no 
shipments during the POR. For additional information regarding this 
determination, including a list of these companies, see the Preliminary 
Decision Memorandum. Consistent with our assessment practice in non-
market economy (NME) administrative reviews, the Department is not 
rescinding this review for these companies, but intends to complete the 
review and issue appropriate instructions to CBP based on the final 
results of the review.\6\
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    \5\ Although Shanxi Yuci, Besco Machinery Industry (Zheijiang) 
Co., Ltd., Certified Products International Inc., PT Enterprise 
Inc., Shanghai Jade Shuttle Hardware Tools Co., Ltd., and Zhejian 
Gem-Chun Hardware Accessory Co., Ltd. submitted a No Shipments 
Letter, they are not among the 31 companies initiated on in this 
review, and therefore are not subject to this review. Therefore, we 
have only evaluated the no shipment claims of the two companies that 
submitted no shipments letters and for which this review was 
initiated.
    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
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Separate Rates

    The Department preliminarily determines that information placed on 
the record by the mandatory respondents Stanley and Tianjin Lianda, as 
well as by the 22 other separate rate applicants, demonstrates that 
these companies are entitled to separate rate status. See Preliminary 
Results of Review section below. For additional information, see the 
Preliminary Decision Memorandum.

PRC-Wide Entity

    The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\7\ Under this 
policy, the PRC-wide entity will not be under review unless a party 
specifically requests, or the Department self-initiates, a review of 
the entity. Because no party requested a review of the PRC-wide entity 
in this review, the entity is not under review and the weighted-average 
dumping margin determined for the PRC-wide entity is not subject to 
change (i.e., 118.04 percent) as a result of this review.\8\ Aside from 
the companies discussed above, the Department considers all other 
companies for which a review was requested \9\ to be part of the PRC-
wide entity. For additional information, see the Preliminary Decision 
Memorandum; see also Appendix 2 for a list of companies considered as 
part of the PRC-wide entity.
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    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \8\ Id.; Certain Steel Nails from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2012-2013, 80 FR 18816, 18817 and accompanying Issues and Decision 
Memorandum.
    \9\ These companies are: Aironware (Shanghai) Co., Ltd., 
Certified Products Taiwan Inc., Chiieh Yung Metal Ind. Corp., 
Faithful Engineering Products Co., Ltd., and Huanghua Xionghua 
Hardware Products Co., Ltd.
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Rate for Separate-Rate Companies Not Individually Examined

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to respondents not selected for 
individual examination when the Department limits its examination of 
companies subject to the administrative review pursuant to section 
777A(c)(2)(B) of the Tariff Act of 1930, as amended (the Act). 
Generally, the Department looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation, for guidance when calculating the rate for companies not 
individually examined in an administrative review. Section 735(c)(5)(A) 
of the Act articulates a preference for not calculating an all-others 
rate using rates which are zero, de minimis or based entirely on facts 
available (FA). Accordingly, the Department's usual practice has been 
to determine the dumping margin for companies not individually examined 
by averaging the weighted-average dumping margins for the individually 
examined respondents, excluding rates that are zero, de minimis, or 
based entirely on facts available.\10\ Consistent with this practice, 
in this review, we calculated weighted-average dumping margins for both 
Stanley and Tianjin Lianda that are both not zero, de minimis or based 
entirely on FA; therefore, the Department assigned to the companies not 
individually examined, but which demonstrated their eligibility for a 
separate rate, the weighted average of the weighted-average dumping 
margins calculated for Stanley and Tianjin Lianda in these preliminary 
results. This average has been weighted by the ranged, publicly 
available sale quantities for Stanley and Tianjin Lianda in the U.S. 
market.
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    \10\ See Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum at Comment 16.
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Methodology

    The Department is conducting this review in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(A) of the Act. Constructed export 
prices and export prices have been calculated in accordance with 
section 772 of the Act. Because the PRC is a non-market economy country 
within the meaning of section 771(18) of the Act, normal value (NV) has 
been calculated in accordance with section 773(c) 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 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

[[Page 42293]]

Preliminary Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period August 1, 2015, 
through July 31, 2016:

------------------------------------------------------------------------
                                                        Weighted-average
                  Exporter/producer                      dumping margin
------------------------------------------------------------------------
Stanley..............................................               3.60
Tianjin Lianda.......................................             332.95
Dezhou Hualude Hardware Products Co., Ltd............              28.21
Hebei Cangzhou New Century Foreign Trade Co., Ltd....              28.21
Hebei Minmetals Co., Ltd.............................              28.21
Nanjing CAIQING Hardware Co., Ltd....................              28.21
Nanjing Toua Hardware & Tools Co., Ltd...............              28.21
Qingdao D&L Group Ltd................................              28.21
SDC International Aust. PTY. LTD.....................              28.21
Shandong Dinglong Import & Export Co., Ltd...........              28.21
Shandong Oriental Cherry Hardware Group Co., Ltd.....              28.21
Shandong Qingyun Hongyi Hardware Products Co., Ltd...              28.21
Shanghai Curvet Hardware Products Co., Ltd...........              28.21
Shanghai Yueda Nails Industry Co., Ltd a.k.a.                      28.21
 Shanghai Yueda......................................
Shanxi Hairui Trade Co., Ltd.........................              28.21
Shanxi Pioneer Hardware Industrial Co., Ltd..........              28.21
Shanxi Tianli Industries Co., Ltd....................              28.21
Suntec Industries Co., Ltd...........................              28.21
S-Mart (Tianjin) Technology Development Co., Ltd.....              28.21
Tianjin Jinchi Metal Products Co., Ltd...............              28.21
Tianjin Jinghai County Hongli Industry & Business                  28.21
 Co., Ltd............................................
Tianjin Universal Machinery Imp. & Exp. Corporation..              28.21
Tianjin Zhonglian Metals Ware Co., Ltd...............              28.21
Xi'an Metals & Minerals Import & Export Co., Ltd.....              28.21
------------------------------------------------------------------------

Disclosure

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of its public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of these preliminary results, unless 
the Secretary alters the time limit. Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
administrative review 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.
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    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. 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 time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    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, unless extended.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\12\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
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    \12\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    For any individually examined respondent whose weighted average 
dumping margin is not zero or de minimis (i.e., less than 0.50 percent) 
in the final results of this review, the Department will calculate 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1). Where an importer-specific ad valorem rate is not zero 
or de minimis, the Department will instruct CBP to collect the 
appropriate duties at the time of liquidation.\13\ Where either a 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer-specific ad valorem assessment rate is zero or de minimis, 
the Department will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\14\
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    \13\ See 19 CFR 351.212(b)(1).
    \14\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon

[[Page 42294]]

publication of the final results of this review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For the companies listed above 
that have a separate rate, the cash deposit rate will be equal to the 
weighted-average dumping margin established in the final results of 
this review (except, if the rate is de minimis, then cash deposit rate 
will be zero); (2) for previously examined PRC and non-PRC exporters 
not listed above that at the time of entry are eligible for a separate 
rate based on a prior completed segment of this proceeding, the cash 
deposit rate will continue to be the existing exporter-specific cash 
deposit rate; (3) for all PRC exporters of subject merchandise that 
have not been found to be entitled to a separate rate at the time of 
entry, the cash deposit rate will be that for the PRC-wide entity 
(i.e., 118.04 percent); and (4) for all non-PRC exporters of subject 
merchandise which at the time of entry are not eligible for a separate 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. 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

    This preliminary determination is issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 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 1

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. Non-Market Economy Country Status
6. Separate Rates
7. Application of Facts Available and Use of Adverse Inference
8. Facts Available
9. Surrogate Country
10. Date of Sale
11. Normal Value Comparisons
12. Factor Valuation Methodology
13. Comparisons to Normal Value
14. Currency Conversion
15. Recommendation

Appendix 2

1. Aironware (Shanghai) Co., Ltd.
2. Certified Products Taiwan Inc.
3. Chiieh Yung Metal Ind. Corp.
4. Faithful Engineering Products Co., Ltd.
5. Huanghua Xionghua Hardware Products Co., Ltd.

[FR Doc. 2017-18977 Filed 9-6-17; 8:45 am]
 BILLING CODE 3510-DS-P