Carton-Closing Staples From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 51213-51216 [2017-23974]

Download as PDF Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices make an oral statement at the Monday business meeting should submit a request in writing by Tuesday November 7, 2017, to be scheduled on the agenda. Council discussion is limited to Forest Service staff and Council members, however anyone who would like to bring urban and community forestry matters to the attention of the Council may file written statements with the Council’s staff before or after the meeting. Written comments and time requests for oral comments must be sent to Nancy Stemple, Executive Staff, National Urban and Community Forestry Advisory Council, Sidney Yates Building, Room 3SC–01C, 201 14th Street SW., Washington, DC, 20024, or by email at nstremple@fs.fed.us. Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accommodation for access to the facility or proceedings by contacting the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis. Dated: October 27, 2017. Vicki Christiansen, Deputy Chief, State and Private Forestry. [FR Doc. 2017–23987 Filed 11–2–17; 8:45 am] BILLING CODE 3411–15–P CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD Sunshine Act Meeting November 14, 2017, 1:00 p.m. EDT. PLACE: U.S. Chemical Safety and Hazard Investigation Board, 1750 Pennsylvania Ave. NW., Suite 910, Washington, DC 20006. STATUS: Open to the public. MATTER TO BE CONSIDERED: The Chemical Safety and Hazard Investigation Board (CSB) will convene a public meeting on November 14, 2017, starting at 1:00 p.m. EDT in Washington, DC, at the CSB offices located at 1750 Pennsylvania Avenue NW., Suite 910. The Board will consider and vote on two calendared notation items: • 2018–1—change in status of Recommendation R–7 from volume IV of the Macondo Investigation Report, and • 2018–2—change in status of Recommendation R–15 from volume IV of the Macondo Investigation Report. ethrower on DSK3G9T082PROD with NOTICES TIME AND DATE: VerDate Sep<11>2014 16:18 Nov 02, 2017 Jkt 244001 Depending on the outcome of the votes on the calendared items, the Board may also discuss or deliberate on: • The type of product the CSB may prepare if the Board votes to close Macondo Recommendation R7, and • the type of engagement or activities the CSB may undertake related to Macondo Recommendation R15. Finally, the Board will hear or provide updates on the following matters: • Current investigations and schedule for completion of open investigation, • status of recommendations, • audits from the CSB Inspector General, • CSB Annual Action Plan for FY 18, • important financial and organizational matters, and • the results of the 2017 Federal Employee Viewpoint Survey. An opportunity for public comment will be provided. Additional Information The meeting is free and open to the public. If you require a translator or interpreter, please notify the individual listed below as the CONTACT PERSON FOR FURTHER INFORMATION, at least three business days prior to the meeting. A conference call line will be provided for those who cannot attend in person. Please use the following dial-in number and confirmation code to join the conference: Dial In: 1 (630) 691–2748 Confirmation Code: 45886253 The CSB is an independent federal agency charged with investigating accidents and hazards that result, or may result, in the catastrophic release of extremely hazardous substances. The agency’s Board Members are appointed by the President and confirmed by the Senate. CSB investigations look into all aspects of chemical accidents and hazards, including physical causes such as equipment failure as well as inadequacies in regulations, industry standards, and safety management systems. Public Comment The time provided for public statements will depend upon the number of people who wish to speak. Speakers should assume that their presentations will be limited to three minutes or less, but commenters may submit written statements for the record. CONTACT PERSON FOR MORE INFORMATION: Hillary Cohen, Communications Manager, at public@csb.gov or (202) 446–8094. Further information about this public meeting can be found on the CSB Web site at: www.csb.gov. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 51213 Dated: October 31, 2017. Raymond C. Porfiri, Deputy General Counsel, Chemical Safety and Hazard Investigation Board. [FR Doc. 2017–24059 Filed 11–1–17; 11:15 am] BILLING CODE 6350–01–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–047–2017] Foreign-Trade Zone (FTZ) 52—Suffolk County, New York; Authorization of Production Activity; Estee Lauder Inc. (Skin Care, Fragrance, and Cosmetic Products); Melville, New York On June 16, 2017, Estee Lauder Inc. submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 52, Site 4, in Melville, New York. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR 400), including notice in the Federal Register inviting public comment (82 FR 32167, July 12, 2017). On October 14, 2017, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: October 30, 2017. Andrew McGilvray, Executive Secretary. [FR Doc. 2017–23972 Filed 11–2–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–055] Carton-Closing Staples From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that carton closing staples from the People’s Republic of China (PRC) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2016 through December 31, 2016. AGENCY: E:\FR\FM\03NON1.SGM 03NON1 51214 DATES: Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices Applicable November 3, 2017. FOR FURTHER INFORMATION CONTACT: Irene Gorelik at (202) 482–6905, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on April 27, 2017.1 On August 23, 2017, the Department postponed the preliminary determination of this investigation, and the revised deadline is now October 27, 2017.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are carton-closing staples from the PRC. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in Appendix I of this notice. Scope Comments In accordance with the preamble to the Department’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (scope).5 An interested party commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments submitted on the record for this investigation, and accompanying discussion and analysis of the comments timely received, see the Preliminary Decision Memorandum.6 The Department is not preliminarily modifying the scope language as it appeared in the Initiation Notice. Methodology The Department is conducting this investigation in accordance with section 731 of the Act. The Department has calculated export prices in accordance with section 772(a) of the Act. Because the PRC is a non-market economy, within the meaning of section 771(18) of the Act, the Department has calculated normal value (NV) in accordance with section 773(c) of the Act. In addition, pursuant to section 776(a) and (b) of the Act, the Department preliminarily has relied upon facts otherwise available, with adverse inferences, for the PRCwide entity, including Zhejiang Best Nail Industrial Co., Ltd. (Best Nail). For a full description of the methodology underlying the Department’s preliminary determination, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,7 the Department stated that it would calculate producer/exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.8 Preliminary Determination The Department preliminarily determines that the following estimated weighted-average dumping margins exist: Estimated weightedaverage dumping margin (percent) Producer Exporter Yueda Group: 9 Shanghai Yueda Nails Co., Ltd., or Qiushan Printing Machinery Co., Ltd. Hangzhou Huayu Machinery Co., Ltd ........................................ The Stanley Works (Langfang) Fastening Systems Co., Ltd ..... Yueda Group: Shanghai Yueda Nails Co., Ltd., or Fastnail Products Limited, or Wuhan FOPO Trading Co., Ltd. Hangzhou Huayu Machinery Co., Ltd ....................................... The Stanley Works (Langfang) Fastening Systems Co., Ltd .... PRC-Wide Entity 10 Suspension of Liquidation ethrower on DSK3G9T082PROD with NOTICES In accordance with section 733(d)(2) of the Act, the Department will direct 1 See Carton-Closing Staples from the People’s Republic of China: Initiation of Less-Than-FairValue Investigation, 82 FR 19351 (April 27, 2017) (Initiation Notice). 2 See Carton-Closing Staples from the People’s Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 82 FR 39982 (August 23, 2017). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Carton-Closing Staples from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 16:18 Nov 02, 2017 Jkt 244001 13.74 13.74 13.74 58.93 U.S. Customs and Border Protection (CBP) to suspend liquidation of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice, 82 FR at 19352. 6 See Preliminary Decision Memorandum at pages 3–4. 7 See Initiation Notice, 82 FR at 19355. 8 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on the Department’s Web site at http://enforcement.trade.gov/policy/bull051.pdf. 9 The Department preliminarily determines that Shanghai Yueda Nails Co., Ltd, Qiushan Printing Machinery Co., Ltd., Fastnail Products Limited, and Wuhan FOPO Trading Co., Ltd. comprise a single entity. See Preliminary Decision Memorandum. See also Memorandum, ‘‘Preliminary Affiliation and Single Entity Determination,’’ dated concurrently with, and hereby adopted by, this notice. 10 As detailed in the Preliminary Decision Memorandum, Best Nail, a mandatory respondent in this investigation, and certain other nonresponsive PRC companies did not demonstrate that they were entitled to a separate rate. Accordingly, we consider these companies to be part of the PRCwide entity. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the weighted average amount by which normal value exceeds U.S. price, as indicated in the chart above as follows: (1) For the producer/exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weightedaverage dumping margin listed for that combination in the table; (2) for all combinations of PRC producers/ exporters of subject merchandise that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weightedaverage dumping margin established for the PRC-wide entity; and (3) for all third-county exporters of subject merchandise not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the PRC producer/exporter combination (or the PRC-wide entity) that supplied that third-country exporter. These suspension of liquidation instructions will remain in effect until further notice. Disclosure The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination 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). Verification As provided in section 782(i)(1) of the Act, the Department intends to verify information relied upon in making its final determination. ethrower on DSK3G9T082PROD with NOTICES Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the verification report is issued in this investigation, 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 investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief 11 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 16:18 Nov 02, 2017 Jkt 244001 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 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. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Pursuant to 19 CFR 351.210(e)(2), the Department requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a fourmonth period to a period not more than six months in duration. On October 10, 2017, pursuant to 19 CFR 351.210(b)(2)(ii), Yueda requested12 that the Department postpone its final determination and extend the application of the provisional measures prescribed under section 773(d) of the Act and 19 CFR.210(e)(2), from a four-month period to a period not to exceed six months. In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no 12 See Yueda’s letter to the Department, re: ‘‘Extension Request for Final Determination,’’ dated October 10, 2017. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 51215 compelling reasons for denial exist, the Department is granting Yueda’s request by postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, the Department’s final determination will publish no later than 135 days after the date of publication of this preliminary determination. International Trade Commission Notification In accordance with section 733(f) of the Act, the Department will notify the International Trade Commission (ITC) of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: October 27, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The scope of this investigation is cartonclosing staples. Carton-closing staples may be manufactured from carbon, alloy, or stainless steel wire, and are included in the scope of the investigation regardless of whether they are uncoated or coated, regardless of the type of coating. Carton-closing staples are generally made to American Society for Testing and Materials (ASTM) specification ASTM D1974/D1974M–16, but can also be made to other specifications. Regardless of specification, however, all carton-closing staples meeting the scope description are included in the scope. Carton-closing staples include stick staple products, often referred to as staple strips, and roll staple products, often referred to as coils. Stick staples are lightly cemented or lacquered together to facilitate handling and loading into stapling machines. Roll staples are taped together along their crowns. Carton-closing staples are covered regardless of whether they are imported in stick form or roll form. Carton-closing staples vary by the size of the wire, the width of the crown, and the length of the leg. The nominal leg length ranges from 0.4095 inch to 1.375 inches and the nominal crown width ranges from 1.125 E:\FR\FM\03NON1.SGM 03NON1 51216 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices inches to 1.375 inches. The size of the wire used in the production of carton-closing staples varies from 0.029 to 0.064 inch (nominal thickness) by 0.064 to 0.100 inch (nominal width). Carton-closing staples subject to this investigation are currently classifiable under subheadings 8305.20.00.00 and 7317.00.65.60 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). While the HTSUS subheadings and ASTM specification are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Selection of Respondents VII. Discussion of the Methodology A. Non-Market Economy Country B. Surrogate Country and Surrogate Values Comments C. Separate Rates D. Combination Rates E. Affiliation and Single Entity F. The PRC-Wide Entity G. Application of Facts Available and Adverse Inferences H. Date of Sale I. Fair Value Comparisons J. Export Price K. Value-Added Tax (VAT) L. Normal Value M. Factor Valuation Methodology VIII. Currency Conversion IX. Verification X. Conclusion [FR Doc. 2017–23974 Filed 11–2–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–549–834] Citric Acid and Certain Citrate Salts From Thailand: Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are not being provided to producers and exporters of citric acid and certain citrate salts from Thailand. The period of investigation is January 1, 2016, through December 31, 2016. ethrower on DSK3G9T082PROD with NOTICES AGENCY: VerDate Sep<11>2014 16:18 Nov 02, 2017 Jkt 244001 Applicable November 3, 2017. John Conniff or Jolanta Lawska, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202–482–1009 or 202–482–8362, respectively. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on June 30, 2017.1 On August 15, 2017, the Department postponed the preliminary determination of this investigation and the revised deadline is now October 30, 2017.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as an Appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and 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 Preliminary Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The merchandise covered by this investigation includes all grades and granulation sizes of citric acid, sodium 1 See Citric Acid and Certain Citrate Salts from Thailand: Initiation of Countervailing Duty Investigation, 82 FR 29836 (June 30, 2017) (Initiation Notice) and accompanying Initiation Checklist. 2 See Notice of Postponement of Preliminary Determination in the Countervailing Duty Investigation, 82 FR 38670 (August 15, 2017) (Preliminary Postponement Notice). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Negative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination and Alignment of Final Determination with Final Antidumping Duty Determination of Citric Acid and Certain Citrate Salts from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 citrate, and potassium citrate in their unblended forms, whether dry or in solution, and regardless of packaging type. The scope also includes blends of citric acid, sodium citrate, and potassium citrate; as well as blends with other ingredients, such as sugar, where the unblended form(s) of citric acid, sodium citrate, and potassium citrate constitute 40 percent or more, by weight, of the blend. The scope also includes all forms of crude calcium citrate, including dicalcium citrate monohydrate, and tricalcium citrate tetrahydrate, which are intermediate products in the production of citric acid, sodium citrate, and potassium citrate. The scope includes the hydrous and anhydrous forms of citric acid, the dihydrate and anhydrous forms of sodium citrate, otherwise known as citric acid sodium salt, and the monohydrate and monopotassium forms of potassium citrate. Sodium citrate also includes both trisodium citrate and monosodium citrate which are also known as citric acid trisodium salt and citric acid monosodium salt, respectively. The scope does not include calcium citrate that satisfies the standards set forth in the United States Pharmacopeia and has been mixed with a functional excipient, such as dextrose or starch, where the excipient constitutes at least 2 percent, by weight, of the product. Citric acid and sodium citrate are classifiable under 2918.14.0000 and 2918.15.1000 of the Harmonized Tariff Schedule of the United States (HTSUS), respectively. Potassium citrate and crude calcium citrate are classifiable under 2918.15.5000 and, if included in a mixture or blend, 3824.99.9295 of the HTSUS. Blends that include citric acid, sodium citrate, and potassium citrate are classifiable under 3824.99.9295 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Scope Comments In accordance with the preamble to the Department’s regulations,4 the Initiation Notice set aside a period for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of this investigation as it appeared in the Initiation Notice. The Department intends to issue its preliminary decision regarding 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 82 FR at 29836. E:\FR\FM\03NON1.SGM 03NON1

Agencies

[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51213-51216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23974]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-055]


Carton-Closing Staples From the People's Republic of China: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination and Extension of Provisional 
Measures

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that carton closing staples from the People's Republic of 
China (PRC) are being, or are likely to be, sold in the United States 
at less than fair value (LTFV). The period of investigation (POI) is 
July 1, 2016 through December 31, 2016.

[[Page 51214]]


DATES: Applicable November 3, 2017.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik at (202) 482-6905, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on April 27, 
2017.\1\ On August 23, 2017, the Department postponed the preliminary 
determination of this investigation, and the revised deadline is now 
October 27, 2017.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Carton-Closing Staples from the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation, 82 FR 19351 
(April 27, 2017) (Initiation Notice).
    \2\ See Carton-Closing Staples from the People's Republic of 
China: Postponement of Preliminary Determination in the Less-Than-
Fair-Value Investigation, 82 FR 39982 (August 23, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Carton-
Closing Staples from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are carton-closing 
staples from the PRC. For a full description of the scope of this 
investigation, see the ``Scope of the Investigation,'' in Appendix I of 
this notice.

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (scope).\5\ An interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. For a summary of the product coverage comments 
submitted on the record for this investigation, and accompanying 
discussion and analysis of the comments timely received, see the 
Preliminary Decision Memorandum.\6\ The Department is not preliminarily 
modifying the scope language as it appeared in the Initiation Notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 82 FR at 19352.
    \6\ See Preliminary Decision Memorandum at pages 3-4.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. The Department has calculated export prices in 
accordance with section 772(a) of the Act. Because the PRC is a non-
market economy, within the meaning of section 771(18) of the Act, the 
Department has calculated normal value (NV) in accordance with section 
773(c) of the Act. In addition, pursuant to section 776(a) and (b) of 
the Act, the Department preliminarily has relied upon facts otherwise 
available, with adverse inferences, for the PRC-wide entity, including 
Zhejiang Best Nail Industrial Co., Ltd. (Best Nail). For a full 
description of the methodology underlying the Department's preliminary 
determination, see the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\7\ the Department stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\8\
---------------------------------------------------------------------------

    \7\ See Initiation Notice, 82 FR at 19355.
    \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Preliminary Determination

    The Department preliminarily determines that the following 
estimated weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                                                              average
            Producer                     Exporter             dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Yueda Group: \9\ Shanghai Yueda  Yueda Group: Shanghai             13.74
 Nails Co., Ltd., or Qiushan      Yueda Nails Co., Ltd.,
 Printing Machinery Co., Ltd.     or Fastnail Products
                                  Limited, or Wuhan FOPO
                                  Trading Co., Ltd.
Hangzhou Huayu Machinery Co.,    Hangzhou Huayu                    13.74
 Ltd.                             Machinery Co., Ltd.
The Stanley Works (Langfang)     The Stanley Works                 13.74
 Fastening Systems Co., Ltd.      (Langfang) Fastening
                                  Systems Co., Ltd.
---------------------------------------------------------
                  PRC-Wide Entity \10\                             58.93
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of subject merchandise as described in the scope of the 
investigation section entered, or withdrawn from warehouse, for 
consumption on or after the date of

[[Page 51215]]

publication of this notice in the Federal Register, as discussed below. 
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), the Department will instruct CBP to require a cash deposit 
equal to the weighted average amount by which normal value exceeds U.S. 
price, as indicated in the chart above as follows: (1) For the 
producer/exporter combinations listed in the table above, the cash 
deposit rate is equal to the estimated weighted-average dumping margin 
listed for that combination in the table; (2) for all combinations of 
PRC producers/exporters of subject merchandise that have not 
established eligibility for their own separate rates, the cash deposit 
rate will be equal to the estimated weighted-average dumping margin 
established for the PRC-wide entity; and (3) for all third-county 
exporters of subject merchandise not listed in the table above, the 
cash deposit rate is the cash deposit rate applicable to the PRC 
producer/exporter combination (or the PRC-wide entity) that supplied 
that third-country exporter. These suspension of liquidation 
instructions will remain in effect until further notice.
---------------------------------------------------------------------------

    \9\ The Department preliminarily determines that Shanghai Yueda 
Nails Co., Ltd, Qiushan Printing Machinery Co., Ltd., Fastnail 
Products Limited, and Wuhan FOPO Trading Co., Ltd. comprise a single 
entity. See Preliminary Decision Memorandum. See also Memorandum, 
``Preliminary Affiliation and Single Entity Determination,'' dated 
concurrently with, and hereby adopted by, this notice.
    \10\ As detailed in the Preliminary Decision Memorandum, Best 
Nail, a mandatory respondent in this investigation, and certain 
other non-responsive PRC companies did not demonstrate that they 
were entitled to a separate rate. Accordingly, we consider these 
companies to be part of the PRC-wide entity.
---------------------------------------------------------------------------

Disclosure

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination 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).

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the verification report is issued in this 
investigation, 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 investigation 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.
---------------------------------------------------------------------------

    \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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Pursuant to 19 CFR 351.210(e)(2), the Department 
requires that requests by respondents for postponement of a final 
antidumping determination be accompanied by a request for extension of 
provisional measures from a four-month period to a period not more than 
six months in duration.
    On October 10, 2017, pursuant to 19 CFR 351.210(b)(2)(ii), Yueda 
requested\12\ that the Department postpone its final determination and 
extend the application of the provisional measures prescribed under 
section 773(d) of the Act and 19 CFR.210(e)(2), from a four-month 
period to a period not to exceed six months. In accordance with section 
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the 
preliminary determination is affirmative; (2) the requesting exporter 
accounts for a significant proportion of exports of the subject 
merchandise; and (3) no compelling reasons for denial exist, the 
Department is granting Yueda's request by postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, the 
Department's final determination will publish no later than 135 days 
after the date of publication of this preliminary determination.
---------------------------------------------------------------------------

    \12\ See Yueda's letter to the Department, re: ``Extension 
Request for Final Determination,'' dated October 10, 2017.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether imports of the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

     Dated: October 27, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation is carton-closing staples. 
Carton-closing staples may be manufactured from carbon, alloy, or 
stainless steel wire, and are included in the scope of the 
investigation regardless of whether they are uncoated or coated, 
regardless of the type of coating.
    Carton-closing staples are generally made to American Society 
for Testing and Materials (ASTM) specification ASTM D1974/D1974M-16, 
but can also be made to other specifications. Regardless of 
specification, however, all carton-closing staples meeting the scope 
description are included in the scope. Carton-closing staples 
include stick staple products, often referred to as staple strips, 
and roll staple products, often referred to as coils. Stick staples 
are lightly cemented or lacquered together to facilitate handling 
and loading into stapling machines. Roll staples are taped together 
along their crowns. Carton-closing staples are covered regardless of 
whether they are imported in stick form or roll form.
    Carton-closing staples vary by the size of the wire, the width 
of the crown, and the length of the leg. The nominal leg length 
ranges from 0.4095 inch to 1.375 inches and the nominal crown width 
ranges from 1.125

[[Page 51216]]

inches to 1.375 inches. The size of the wire used in the production 
of carton-closing staples varies from 0.029 to 0.064 inch (nominal 
thickness) by 0.064 to 0.100 inch (nominal width).
    Carton-closing staples subject to this investigation are 
currently classifiable under subheadings 8305.20.00.00 and 
7317.00.65.60 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). While the HTSUS subheadings and ASTM specification are 
provided for convenience and for customs purposes, the written 
description of the subject merchandise is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Selection of Respondents
VII. Discussion of the Methodology
    A. Non-Market Economy Country
    B. Surrogate Country and Surrogate Values Comments
    C. Separate Rates
    D. Combination Rates
    E. Affiliation and Single Entity
    F. The PRC-Wide Entity
    G. Application of Facts Available and Adverse Inferences
    H. Date of Sale
    I. Fair Value Comparisons
    J. Export Price
    K. Value-Added Tax (VAT)
    L. Normal Value
    M. Factor Valuation Methodology
VIII. Currency Conversion
IX. Verification
X. Conclusion

[FR Doc. 2017-23974 Filed 11-2-17; 8:45 am]
BILLING CODE 3510-DS-P