Certain Steel Nails From Taiwan: Notice of Court Decision Not in Harmony With Final Determination in Less Than Fair Value Investigation and Notice of Amended Final Determination, 55090-55091 [2017-25086]

Download as PDF 55090 Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720–2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877–8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD–3027, found online at http://www.ascr.usda.gov/ complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632–9992. Submit your completed form or letter to USDA by: a. Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250–9410; b. Facsimile: (202) 690–7442; or c. Email: program.intake@usda.gov. d. USDA is an equal opportunity provider, employer, and lender. Dated: September 26, 2017. Christopher McLean, Acting Administrator, Rural Utilities Service. [FR Doc. 2017–25089 Filed 11–17–17; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–583–854] Certain Steel Nails From Taiwan: Notice of Court Decision Not in Harmony With Final Determination in Less Than Fair Value Investigation and Notice of Amended Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 4, 2017, the United States Court of International Trade (CIT) issued final judgment in Mid Continent Steel & Wire, Inc. v. United States, et al., consolidated Court No. 15–00213, sustaining the Department of Commerce’s (the Department’s) final results of redetermination pursuant to remand. The Department is notifying the public that the final judgment in this case is not in harmony with the Department’s nshattuck on DSK9F9SC42PROD with NOTICES AGENCY: VerDate Sep<11>2014 15:15 Nov 17, 2017 Jkt 244001 final determination in the less than fair value investigation of certain steel nails from Taiwan, and is amending the final determination with respect to the weighted-average dumping margins assigned to mandatory respondent PT Enterprise Inc. and all other producers and exporters. Applicable: October 14, 2017. FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Victoria Cho, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4947 or (202) 482–5075, respectively. SUPPLEMENTARY INFORMATION: Background On May 20, 2015, the Department published its affirmative final determination of sales at less than fair value, in which it determined a weighted-average dumping margin of 2.24 percent for exporter PT Enterprise Inc. and its affiliated producer, ProTeam Coil Nail Enterprise Inc. (ProTeam) (collectively, PT).1 The antidumping duty order was published on July 13, 2015.2 Mid Continent Steel & Wire, Inc. (the petitioner); PT; and Unicatch Industrial Co., Ltd., WTA International Co., Ltd., Zon Mon Co., Ltd., Hor Liang Industrial Corporation, President Industrial Inc., and Liang Chyuan Industrial Co., Ltd. (collectively, Taiwan Plaintiffs) appealed certain aspects of the Final Determination to the CIT. On March 23, 2017, the CIT sustained in part, and remanded in part, the Department’s Final Determination.3 In particular, the CIT remanded for further explanation or redetermination the issue of PT’s general and administrative (G&A) expense ratio calculation. On June 21, 2017, the Department issued its final results of redetermination pursuant to remand.4 The Department provided additional 1 See Certain Steel Nails from Taiwan: Final Determination of Sales at Less Than Fair Value, 80 FR 28959, 28961 (May 20, 2015) (Final Determination) and accompanying Issues and Decision Memorandum (IDM). 2 See Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) (Order). 3 Mid Continent Steel & Wire, Inc. et al. v. United States, 219 F. Supp. 3d 1326 (CIT March 23, 2017). 4 See Final Results of Redetermination Pursuant to Court Remand, Certain Steel Nails from Taiwan, Mid Continent Steel & Wire, Inc. v. United States, et al., Court No. 15–00213, Slip Op. 17–31 (CIT March 23, 2017), dated June 21, 2017 (Remand Results), available at http://enforcement.trade.gov/ remands/index.html. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 explanation and made certain revisions with respect to PT’s G&A expense ratio calculation.5 Specifically, the Department explained that it calculates the G&A expense ratio based on the company-wide G&A expenses of the company (i.e., the operating expenses, per the audited financial statements, which are those costs that do not relate directly to the manufacture of products during the period of investigation or review, but, instead, relate to the general operations of the company during this period) allocated over the company’s company-wide cost of sales, or cost of goods sold (COGS) (i.e., the operating costs, per the audited financial statements, which directly relate to the manufacture of specific products). With respect to the specific costs and expenses at issue, the Department further explained that it allocated the costs and expenses by looking at how Pro-Team allocated such costs in its audited financial statements. Concerning a subsidy received by ProTeam to support its steam production products business, the Department reconsidered its prior determination and included the subsidy as part of ProTeam’s G&A expenses, as opposed to its COGS. The Department explained that it revised its treatment of the subsidy because, as supported by Pro-Team’s own books and records, the subsidy related to general, not operating expenses. As a result of these changes, the Department determined a weightedaverage dumping margin of 2.16 percent for PT, which also resulted in a revised rate of 2.16 percent for all other producers and exporters.6 On October 4, 2017, the CIT entered judgment sustaining the Department’s Remand Results.7 Timken Notice In its decision in Timken Co. v. United States,8 as clarified by Diamond Sawblades Mfrs. Coalition v. United States,9 the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision not ‘‘in harmony’’ with a Department determination, and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s October 4, 2017 judgment sustaining the Remand Results constitutes a final 5 See generally Remand Results. Remand Results at 23–24. 7 See Mid Continent Steel & Wire, Inc. v. United States, et al., Court No. 15–00213, Slip Op. 17–135 (CIT October 4, 2017). 8 Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 9 Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010). 6 See E:\FR\FM\20NON1.SGM 20NON1 Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices decision of the Court that is not in harmony with the Department’s Final Determination. This notice is published in fulfillment of the publication requirement of Timken. DEPARTMENT OF COMMERCE Amended Final Results Low Melt Polyester Staple Fiber From the Republic of Korea and Taiwan: Postponement of Preliminary Determinations in the Less-Than-FairValue Investigations Because there is now a final court decision, the Department amends the Final Determination with respect to the margin assigned to PT and for all other producers and exporters.10 Producer/exporter 11 Producer: Pro-Team Coil Nail Enterprise, Inc ......................... Exporter: Pro-Team Coil Nail Enterprise, Inc. or PT Enterprise Inc.12 ....................................... All-Others .................................... Cash Deposit Requirements International Trade Administration [A–580–895, A–583–861] Enforcement and Compliance, International Trade Administration, Weighted- Department of Commerce. average DATES: Effective November 20, 2017. dumping FOR FURTHER INFORMATION CONTACT: margin (%) Alice Maldonado at (202) 482–4682 (Republic of Korea (Korea)) or Rebecca M. Janz at (202) 482–4682 (Taiwan), 2.16 AD/CVD Operations, Enforcement and Compliance, International Trade .................. Administration, U.S. Department of 2.16 Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: 55091 state the reasons for the request. The Department will grant the request unless it finds compelling reasons to deny the request. See 19 CFR 351.205(e). On November 7, 2017, the petitioner submitted a timely request that the Department postpone the preliminary determinations in these LTFV investigations.3 The petitioner stated that it requests postponement because the Department is still gathering data and questionnaire responses, and additional time is necessary for the Department and interested parties to review and analyze all questionnaire responses, as well as for interested parties to comment on these responses.4 For the reasons stated above and because there are no compelling reasons to deny the request, the Department, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, the Department will issue its preliminary determinations no later than January 23, 2018. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Since the Final Determination, the Department has not established a new cash deposit rate for PT or all other producers and exporters. As a result, in accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection to collect cash deposits at the rates for entries of subject merchandise in accordance with the rates for exporters and producers listed above in this notice, effective October 14, 2017. Background Notification to Interested Parties Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in an LTFV investigation within 140 days after the date on which the Department initiated the investigation. However, section 733(c)(1) of the Act permits the Department to postpone the preliminary determination until no later than 190 days after the date on which the Department initiated the investigation if: (A) the petitioner 2 makes a timely request for a postponement; or (B) the Department concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must Dated: November 14, 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. 1 See Low Melt Polyester Staple Fiber from the Republic of Korea and Taiwan: Initiation of LessThan-Fair-Value Investigations, 82 FR 34277 (July 24, 2017). 2 The petitioner is Nan Ya Plastics Corporation, America. 3 See the Petitioner’s Letter re: Low Melt Polyester Staple Fiber from the Republic of Korea and Taiwan—Petitioners’ Request to Postpone the Antidumping Duty Preliminary Determinations, dated November 7, 2017. 4 Id. This notice is issued and published in accordance with sections 516(A)(e), 735(c)(1)(B), and 777(i)(1) of the Act. Dated: November 13, 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. [FR Doc. 2017–25086 Filed 11–17–17; 8:45 am] BILLING CODE 3510–DS–P nshattuck on DSK9F9SC42PROD with NOTICES 10 See Final Determination, 80 FR at 28961; see also Remand Results at 23–24. Note that entries of merchandise produced by Ko Nails, Inc. and exported by Quick Advance Inc. are excluded from the order. See Order at 39997. 11 In the Final Determination and the Order, the Department only listed PT Enterprise Inc., an exporter, and did not include its affiliated producer, Pro-Team Coil Nail Enterprise, Inc., in the chart reflecting final weighted-average dumping margins. For clarity and for purposes of issuing our cash deposit instructions to CBP, we now include reference to Pro-Team Coil Nail Enterprise, Inc. in this amended final determination. 12 We incorrectly referred to PT Enterprise Inc. as PT Enterprises in the Final Determination and the Order. See Final Determination, at 28961; see also Order, at 39996. VerDate Sep<11>2014 15:15 Nov 17, 2017 Jkt 244001 On July 17, 2017, the Department of Commerce (the Department) initiated less-than-fair-value (LTFV) investigations of imports of low melt polyester staple fiber (low melt PSF) from Korea and Taiwan.1 Currently, the preliminary determinations are due no later than December 4, 2017. Postponement of Preliminary Determinations PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 [FR Doc. 2017–25084 Filed 11–17–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–964] Seamless Refined Copper Pipe and Tube From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2015– 2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: E:\FR\FM\20NON1.SGM 20NON1

Agencies

[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Notices]
[Pages 55090-55091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25086]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-854]


Certain Steel Nails From Taiwan: Notice of Court Decision Not in 
Harmony With Final Determination in Less Than Fair Value Investigation 
and Notice of Amended Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 4, 2017, the United States Court of International 
Trade (CIT) issued final judgment in Mid Continent Steel & Wire, Inc. 
v. United States, et al., consolidated Court No. 15-00213, sustaining 
the Department of Commerce's (the Department's) final results of 
redetermination pursuant to remand. The Department is notifying the 
public that the final judgment in this case is not in harmony with the 
Department's final determination in the less than fair value 
investigation of certain steel nails from Taiwan, and is amending the 
final determination with respect to the weighted-average dumping 
margins assigned to mandatory respondent PT Enterprise Inc. and all 
other producers and exporters.
    Applicable: October 14, 2017.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Victoria Cho, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4947 or (202) 482-5075, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 20, 2015, the Department published its affirmative final 
determination of sales at less than fair value, in which it determined 
a weighted-average dumping margin of 2.24 percent for exporter PT 
Enterprise Inc. and its affiliated producer, Pro-Team Coil Nail 
Enterprise Inc. (Pro-Team) (collectively, PT).\1\ The antidumping duty 
order was published on July 13, 2015.\2\ Mid Continent Steel & Wire, 
Inc. (the petitioner); PT; and Unicatch Industrial Co., Ltd., WTA 
International Co., Ltd., Zon Mon Co., Ltd., Hor Liang Industrial 
Corporation, President Industrial Inc., and Liang Chyuan Industrial 
Co., Ltd. (collectively, Taiwan Plaintiffs) appealed certain aspects of 
the Final Determination to the CIT. On March 23, 2017, the CIT 
sustained in part, and remanded in part, the Department's Final 
Determination.\3\ In particular, the CIT remanded for further 
explanation or redetermination the issue of PT's general and 
administrative (G&A) expense ratio calculation.
---------------------------------------------------------------------------

    \1\ See Certain Steel Nails from Taiwan: Final Determination of 
Sales at Less Than Fair Value, 80 FR 28959, 28961 (May 20, 2015) 
(Final Determination) and accompanying Issues and Decision 
Memorandum (IDM).
    \2\ See Certain Steel Nails from the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic 
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) 
(Order).
    \3\ Mid Continent Steel & Wire, Inc. et al. v. United States, 
219 F. Supp. 3d 1326 (CIT March 23, 2017).
---------------------------------------------------------------------------

    On June 21, 2017, the Department issued its final results of 
redetermination pursuant to remand.\4\ The Department provided 
additional explanation and made certain revisions with respect to PT's 
G&A expense ratio calculation.\5\ Specifically, the Department 
explained that it calculates the G&A expense ratio based on the 
company-wide G&A expenses of the company (i.e., the operating expenses, 
per the audited financial statements, which are those costs that do not 
relate directly to the manufacture of products during the period of 
investigation or review, but, instead, relate to the general operations 
of the company during this period) allocated over the company's 
company-wide cost of sales, or cost of goods sold (COGS) (i.e., the 
operating costs, per the audited financial statements, which directly 
relate to the manufacture of specific products). With respect to the 
specific costs and expenses at issue, the Department further explained 
that it allocated the costs and expenses by looking at how Pro-Team 
allocated such costs in its audited financial statements. Concerning a 
subsidy received by Pro-Team to support its steam production products 
business, the Department reconsidered its prior determination and 
included the subsidy as part of Pro-Team's G&A expenses, as opposed to 
its COGS. The Department explained that it revised its treatment of the 
subsidy because, as supported by Pro-Team's own books and records, the 
subsidy related to general, not operating expenses. As a result of 
these changes, the Department determined a weighted-average dumping 
margin of 2.16 percent for PT, which also resulted in a revised rate of 
2.16 percent for all other producers and exporters.\6\
---------------------------------------------------------------------------

    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Certain Steel Nails from Taiwan, Mid Continent Steel & Wire, 
Inc. v. United States, et al., Court No. 15-00213, Slip Op. 17-31 
(CIT March 23, 2017), dated June 21, 2017 (Remand Results), 
available at http://enforcement.trade.gov/remands/index.html.
    \5\ See generally Remand Results.
    \6\ See Remand Results at 23-24.
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    On October 4, 2017, the CIT entered judgment sustaining the 
Department's Remand Results.\7\
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    \7\ See Mid Continent Steel & Wire, Inc. v. United States, et 
al., Court No. 15-00213, Slip Op. 17-135 (CIT October 4, 2017).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken Co. v. United States,\8\ as clarified by 
Diamond Sawblades Mfrs. Coalition v. United States,\9\ the Federal 
Circuit held that, pursuant to section 516A(e) of the Tariff Act of 
1930, as amended (the Act), the Department must publish a notice of a 
court decision not ``in harmony'' with a Department determination, and 
must suspend liquidation of entries pending a ``conclusive'' court 
decision. The CIT's October 4, 2017 judgment sustaining the Remand 
Results constitutes a final

[[Page 55091]]

decision of the Court that is not in harmony with the Department's 
Final Determination. This notice is published in fulfillment of the 
publication requirement of Timken.
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    \8\ Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(Timken).
    \9\ Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 
1374 (Fed. Cir. 2010).
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Amended Final Results

    Because there is now a final court decision, the Department amends 
the Final Determination with respect to the margin assigned to PT and 
for all other producers and exporters.\10\
---------------------------------------------------------------------------

    \10\ See Final Determination, 80 FR at 28961; see also Remand 
Results at 23-24. Note that entries of merchandise produced by Ko 
Nails, Inc. and exported by Quick Advance Inc. are excluded from the 
order. See Order at 39997.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                   Producer/exporter \11\                       dumping
                                                              margin (%)
------------------------------------------------------------------------
Producer: Pro-Team Coil Nail Enterprise, Inc................        2.16
Exporter: Pro-Team Coil Nail Enterprise, Inc. or PT           ..........
 Enterprise Inc.\12\........................................
All-Others..................................................        2.16
------------------------------------------------------------------------

Cash Deposit Requirements

    Since the Final Determination, the Department has not established a 
new cash deposit rate for PT or all other producers and exporters. As a 
result, in accordance with section 735(c)(1)(B) of the Act, the 
Department will instruct U.S. Customs and Border Protection to collect 
cash deposits at the rates for entries of subject merchandise in 
accordance with the rates for exporters and producers listed above in 
this notice, effective October 14, 2017.
---------------------------------------------------------------------------

    \11\ In the Final Determination and the Order, the Department 
only listed PT Enterprise Inc., an exporter, and did not include its 
affiliated producer, Pro-Team Coil Nail Enterprise, Inc., in the 
chart reflecting final weighted-average dumping margins. For clarity 
and for purposes of issuing our cash deposit instructions to CBP, we 
now include reference to Pro-Team Coil Nail Enterprise, Inc. in this 
amended final determination.
    \12\ We incorrectly referred to PT Enterprise Inc. as PT 
Enterprises in the Final Determination and the Order. See Final 
Determination, at 28961; see also Order, at 39996.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516(A)(e), 735(c)(1)(B), and 777(i)(1) of the Act.

    Dated: November 13, 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.
[FR Doc. 2017-25086 Filed 11-17-17; 8:45 am]
 BILLING CODE 3510-DS-P