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
<![CDATA[
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 https://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 https://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 https://
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 https://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 https://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
