Certain Steel Nails from the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2014-2016, 4028-4030 [2018-01593]
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Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices
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Estimated Total Annual Cost to
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respondents may incur for such things
as purchases of specialized software or
hardware needed to report, or
expenditures for accounting or records
maintenance services required
specifically by the collection.)
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13 U.S.C. 131
and 182.
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Comments are invited on: (a) Whether
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is necessary for the proper performance
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whether the information shall have
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(including hours and cost) of the
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ways to enhance the quality, utility, and
clarity of the information to be
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Comments submitted in response to
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approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
Department Lead PRA Officer, Office of the
Chief Information Officer.
[FR Doc. 2018–01511 Filed 1–26–18; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–874]
Certain Steel Nails from the Republic
of Korea: Final Results of Antidumping
Duty Administrative Review; 2014–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2017, the
Department of Commerce (Commerce)
published the preliminary results of the
antidumping duty administrative review
of certain steel nails (nails) from the
Republic of Korea (Korea). The period of
review (POR) is December 29, 2014,
through June 30, 2016. As a result of our
analysis of the comments and
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
18:19 Jan 26, 2018
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information received, these final results
differ from the Preliminary Results with
respect to Daejin Steel Co., (Daejin), but
remain unchanged with respect to Korea
Wire Co., Ltd. (Kowire). For the final
weighted-average dumping margins, see
the ‘‘Final Results of Review’’ section
below.
DATES: Applicable January 29, 2018.
FOR FURTHER INFORMATION CONTACT:
Robert Galantucci or Trisha Tran, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2923 or (202) 482–4852,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2017, Commerce
published the Preliminary Results.1 In
accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.
On September 22, 2017, Mid Continent
Steel & Wire, Inc. (the petitioner), Daejin
and Kowire submitted their case briefs.2
On September 27, 2017, the petitioner;
Daejin and Kowire submitted their
rebuttal briefs.3
Prior to the Preliminary
Determination, on June 8, 2017, the
petitioner alleged that a particular
market situation (PMS) distorted
production costs in the Korean steel nail
industry.4 In the Preliminary
Determination, we noted that we did not
have the opportunity to consider the
petitioner’s PMS allegation for the
purposes of the preliminary results.5 On
1 See Certain Steel Nails from the Republic of
Korea: Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review; 2014–
2016, 82 FR 36749 (August 7, 2017) and
accompanying Preliminary Decision Memorandum
(Preliminary Results).
2 See Petitioner’s Case Brief, ‘‘Certain Steel Nails
from the Republic of Korea: Case Brief,’’ dated
September 22, 2017 (Petitioner Case Brief); Daejin’s
Case Brief, ‘‘Administrative Review of the
Antidumping Order on Certain Steel Nails from
Korea — Comments on Preliminary Determination,’’
dated September 22, 2017 (Daejin Case Brief);
Kowire’s Case Brief, ‘‘Steel Nails from the Republic
of Korea,’’ dated September 22, 2017 (Kowire Case
Brief).
3 See Petitioner’s Rebuttal Brief, ‘‘Certain Steel
Nails from the Republic of Korea: Rebuttal Brief,’’
dated September 27, 2017 (Petitioner Rebuttal
Brief); Daejin’s Rebuttal Brief, ‘‘Administrative
Review of the Antidumping Duty Order on Certain
Steel Nails from Korea—Rebuttal Brief of Daejin
Steel Company,’’ dated September 27, 2017 (Daejin
Rebuttal Brief); Kowire’s Rebuttal Brief, ‘‘Steel Nails
from the Republic of Korea—Rebuttal Brief,’’ dated
September 27, 2017 (Kowire Rebuttal Brief).
4 See Letter from the petitioner, ‘‘Certain Steel
Nails from Korea: Particular Market Situation
Allegation,’’ dated June 8, 2017.
5 See Preliminary Determination, at 36750.
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Fmt 4703
Sfmt 4703
October 23, 2017, we issued a postpreliminary determination regarding the
petitioner’s PMS allegation, and
permitted parties to comment.6 On
October 30, 2017, the petitioner
submitted a case brief regarding its PMS
allegation.7 On November 6, 2017,
Daejin and Kowire submitted rebuttal
briefs concerning the petitioner’s PMS
allegation.8 On September 6, 2017,
Kowire requested a hearing.9 However,
it subsequently withdrew its request for
a hearing,10 and no other interested
parties requested a hearing.
Scope of the Order
The merchandise covered by this
order is nails having a nominal shaft
length not exceeding 12 inches.11
Merchandise covered by the order is
currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7317.00.55.02, 7317.00.55.03,
7317.00.55.05, 7317.00.55.07,
7317.00.55.08, 7317.00.55.11,
7317.00.55.18, 7317.00.55.19,
7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50,
7317.00.55.60, 7317.00.55.70,
7317.00.55.80, 7317.00.55.90,
7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Nails subject to this
order also may be classified under
HTSUS subheadings 7907.00.60.00,
8206.00.00.00 or other HTSUS
subheadings. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive. For a complete
6 See Memorandum, ‘‘2014–2016 Antidumping
Duty Administrative Review of Certain Steel Nails
from the Republic of Korea: Post-Preliminary
Decision on Particular Market Situation
Allegation,’’ dated October 23, 2017.
7 See Petitioner’s PMS Brief, ‘‘Certain Steel Nails
from the Republic of Korea: Case Brief Regarding
Particular Market Situation,’’ dated October 30,
2017 (Petitioner PMS Brief).
8 See Daejin’s PMS Rebuttal Brief, ‘‘First
Administrative Review of the Antidumping Duty
Order on Certain Steel Nails from Korea—Brief of
Daejin Steel Company in Response to Mid
Continent’s PMS Allegations,’’ dated November 6,
2017 (Daejin PMS Rebuttal Brief); Kowire’s Rebuttal
Brief, ‘‘Steel Nails from the Republic of Korea
–Rebuttal Brief Regarding the Particular Market
Situation Determination,’’ dated November 6, 2017
(Kowire PMS Rebuttal Brief).
9 See Letter from Kowire to Commerce, ‘‘Steel
Nails from the Republic of Korea—Request for a
Public Hearing,’’ dated September 6, 2017.
10 See Letter from Kowire to Commerce, ‘‘Steel
Nails from the Republic of Korea—Withdrawal of
Request for Public Hearing,’’ dated December 1,
2017.
11 The shaft length of certain steel nails with flat
heads or parallel shoulders under the head shall be
measured from under the head or shoulder to the
tip of the point. The shaft length of all other certain
steel nails shall be measured overall.
E:\FR\FM\29JAN1.SGM
29JAN1
Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices
description of the scope of the order, see
the IDM.12
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the IDM. A list of the issues that parties
raised and to which we responded is
attached to this notice as an Appendix.
The IDM 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 in the
Central Records Unit (CRU), room
B8024 of the main Department of
Commerce building. In addition, a
complete version of the IDM can be
accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed IDM and the
electronic versions of the IDM are
identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we have recalculated Daejin’s
weighted-average dumping margin.13
The dumping margin for Kowire
remains 0.00 percent, as it was in the
Preliminary Results.14
Final Results of the Review
sradovich on DSK3GMQ082PROD with NOTICES
As a result of this administrative
review, Commerce calculated a
weighted-average dumping margin that
is above de minimis for Daejin and a
dumping margin of 0.00 percent for
Kowire for the period December 29,
2014, through June 30, 2016, as
referenced below. Additionally, Je-il
Wire Production Co., Ltd. (Je-il) remains
subject to this review because neither it
12 See Memorandum, ‘‘Issues and Decision
Memorandum for Final Results of the 2014–2016
Administrative Review of the Antidumping Duty
Order on Certain Steel Nails from the Republic of
Korea,’’ (IDM) dated concurrently with, and hereby
adopted by this notice.
13 See IDM; see also Memorandum, ‘‘Analysis
Memorandum for the Preliminary Determination of
the Antidumping Duty Administrative Review of
Certain Steel Nails from the Republic of Korea:
Daejin Steel Company,’’ dated concurrently with
this notice.
14 Although in the Preliminary Results, we
calculated a dumping margin of 0.00 percent for
Kowire, we inadvertently listed a dumping margin
of 0.16 percent for the company in the Federal
Register notice. This error is corrected for purposes
of these final results. For further details, see the
‘‘Final Results of the Review’’ section of this notice;
see also IDM at Comment 9; Memorandum, ‘‘Certain
Nails from the Republic of Korea: Calculation
Memorandum for the Final Results of the 2014–
2016 Administrative Review—Korea Wire Co.,
Ltd.,’’ dated concurrently with this notice.
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18:19 Jan 26, 2018
Jkt 244001
nor the petitioner withdrew a request
for its review; however, it was not
selected as a mandatory respondent in
this review.15 In accordance with our
practice,16 and consistent with the
Preliminary Results, we have assigned
to Je-il Daejin’s calculated rate, i.e., the
only rate calculated for a mandatory
respondent that is not zero, de minimis,
or determined entirely on the basis of
facts available.
4029
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
We intend to issue assessment
instructions directly to CBP 15 days
after publication of the final results of
this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
Producer and/or exporter
of administrative review for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
Daejin Steel Co., Ltd. ...............
2.76 for consumption on or after the
Korea Wire Co., Ltd. .................
0.00 publication of the final results of this
Je-il Wire Production Co., Ltd ..
2.76 administrative review, as provided by
section 751(a)(2) of the Act: (1) The cash
Duty Assessment
deposit rate for respondents noted above
Commerce shall determine and
will be the rate established in the final
Customs and Border Protection (CBP)
results of this administrative review; (2)
shall assess antidumping duties on all
for merchandise exported by
appropriate entries.17 For any
manufacturers or exporters not covered
individually examined respondent
in this administrative review but
whose weighted-average dumping
covered in a prior segment of the
margin is above de minimis, we
proceeding, the cash deposit rate will
calculated importer-specific ad valorem continue to be the company specific rate
duty assessment rates based on the ratio published for the most recently
of the total amount of dumping
completed segment of this proceeding;
calculated for the importer’s examined
(3) if the exporter is not a firm covered
sales to the total entered value of those
in this review, a prior review, or the
same sales in accordance with 19 CFR
original investigation, but the
351.212(b)(1). Upon issuance of the final manufacturer is, the cash deposit rate
results of this administrative review, if
will be the rate established for the most
any importer-specific assessment rates
recently completed segment of this
calculated in the final results are above
proceeding for the manufacturer of the
de minimis (i.e., at or above 0.5 percent), subject merchandise; and (4) the cash
Commerce will issue instructions
deposit rate for all other manufacturers
directly to CBP to assess antidumping
or exporters will continue to be 11.80
duties on appropriate entries. Where
percent, the all-others rate established
either the respondent’s weightedin the antidumping investigation.18
average dumping margin is zero or de
These cash deposit requirements, when
minimis, or an importer-specific
imposed, shall remain in effect until
assessment rate is zero or de minimis,
further notice.
we will instruct CBP to liquidate the
appropriate entries without regard to
Notification to Importers Regarding the
antidumping duties.
Reimbursement of Duties
In accordance with Commerce’s
This notice also serves as a final
‘‘automatic assessment’’ practice, for
reminder to importers of their
entries of subject merchandise during
responsibility under 19 CFR 351.402(f)
the POR produced by each respondent
to file a certificate regarding the
for which it did not know that its
reimbursement of antidumping and/or
merchandise was destined for the
United States, we will instruct CBP to
countervailing duties prior to
liquidation of the relevant entries
15 See Preliminary Results.
during the POR. Failure to comply with
16 See, e.g., Welded Carbon Steel Standard Pipe
this requirement could result in
and Tube Products from Turkey: Final Results of
Commerce’s presumption that
Antidumping Duty Administrative Review and
reimbursement of antidumping and/or
Final Determination of No Shipments; 2015–2016,
countervailing duties occurred and the
82 FR 49179 (October 24, 2017).
17 In these final results, Commerce applied the
subsequent assessment of doubled
assessment rate calculation method adopted in
antidumping duties.
Weightedaverage
dumping
margin
(percent)
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
18 See Certain Steel Nails from the Republic of
Korea: Final Determination of Sales at Less Than
Fair Value, 80 FR 28955 (May 20, 2015).
E:\FR\FM\29JAN1.SGM
29JAN1
4030
Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: January 19, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final IDM
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of the Issues
General Issue:
Comment 1: Particular Market Situation
Daejin-Specific Issues:
Comment 2: Scrap Offset
Comment 3: Cost Variations Not Due to
Differences in Physical Characteristics
Comment 4: SG&A Expenses
Comment 5: Quarterly Costs
Comment 6: Differential Pricing
Kowire-Specific Issues:
Comment 7: Affiliation With Subcontractor
Comment 8: SG&A Expense Ratio
Comment 9: Cash Deposit Instructions
VI. Recommendation
[FR Doc. 2018–01593 Filed 1–26–18; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
sradovich on DSK3GMQ082PROD with NOTICES
[A–523–808]
Certain Steel Nails From the Sultanate
of Oman: Final Results of Antidumping
Duty Administrative Review; 2014–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2017, the
Department of Commerce (Commerce)
VerDate Sep<11>2014
18:19 Jan 26, 2018
Jkt 244001
Background
On August 7, 2017, Commerce
published the Preliminary Results.1 In
accordance with 19 CFR
351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results.
On September 22, 2017, Mid Continent
Steel & Wire, Inc. (the petitioner) and
Oman Fasteners submitted their case
briefs.2 On September 27, 2017, the
petitioner and Oman Fasteners
submitted their rebuttal briefs.3 No
interested parties requested a hearing.
Scope of the Order
The merchandise covered by this
order is nails having a nominal shaft
length not exceeding 12 inches.4
Merchandise covered by the order is
currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
1 See
DEPARTMENT OF COMMERCE
AGENCY:
published the preliminary results of the
antidumping duty administrative review
of certain steel nails (nails) from the
Sultanate of Oman (Oman). The period
of review (POR) is December 29, 2014,
through June 30, 2016. As a result of our
analysis of the comments and
information received, these final results
differ from the Preliminary Results with
respect to Oman Fasteners LLC (Oman
Fasteners), but remain unchanged with
respect to the collapsed entity of
Overseas International Steel Industry
LLC (OISI) and Overseas Distribution
Services Inc. (ODS). For the final
weighted-average dumping margins, see
the ‘‘Final Results of Review’’ section
below.
DATES: Applicable January 29, 2018.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor or Thomas Martin, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5831 or (202) 482–3936,
respectively.
SUPPLEMENTARY INFORMATION:
Certain Steel Nails from the Sultanate of
Oman: Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review; 2014–
2016, 82 FR 36738 (August 7, 2017) and
accompanying Preliminary Decision Memorandum
(Preliminary Results).
2 See the petitioner’s case brief, dated September
22, 2017, Oman Fasteners’s case brief, dated
September 22, 2017.
3 See the petitioner’s rebuttal brief, dated
September 27, 2017, and Oman Fasteners’s rebuttal
brief, dated September 27, 2017.
4 The shaft length of certain steel nails with flat
heads or parallel shoulders under the head shall be
measured from under the head or shoulder to the
tip of the point. The shaft length of all other certain
steel nails shall be measured overall.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
7317.00.55.02, 7317.00.55.03,
7317.00.55.05, 7317.00.55.07,
7317.00.55.08, 7317.00.55.11,
7317.00.55.18, 7317.00.55.19,
7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50,
7317.00.55.60, 7317.00.55.70,
7317.00.55.80, 7317.00.55.90,
7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Nails subject to this
order also may be classified under
HTSUS subheadings 7907.00.60.00,
8206.00.00.00 or other HTSUS
subheadings. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive. For a complete
description of the scope of the order, see
the IDM.5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the IDM. A list of the issues that parties
raised and to which we responded is
attached to this notice as an Appendix.
The IDM 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 in the
Central Records Unit (CRU), Room
B8024 of the main Department of
Commerce building. In addition, a
complete version of the IDM can be
accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed IDM and the
electronic versions of the IDM are
identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we have recalculated Oman
Fasteners’s weighted-average dumping
margin.6 The AFA dumping margin for
5 See Memorandum, ‘‘Decision Memorandum for
Final Results of the 2014–2016 Antidumping Duty
Administrative Review of Certain Steel Nails from
the Sultanate of Oman,’’ dated concurrently with,
and hereby adopted by this notice (IDM). The IDM
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
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 on the internet at https://
enforcement.trade.gov/frn/. The signed and
electronic versions of the IDM are identical in
content.
6 See IDM; see also Memorandum,’’Certain Nails
from Oman: Calculation Memorandum for the Final
E:\FR\FM\29JAN1.SGM
29JAN1
]]>Agencies
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4028-4030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01593]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-874]
Certain Steel Nails from the Republic of Korea: Final Results of
Antidumping Duty Administrative Review; 2014-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 7, 2017, the Department of Commerce (Commerce)
published the preliminary results of the antidumping duty
administrative review of certain steel nails (nails) from the Republic
of Korea (Korea). The period of review (POR) is December 29, 2014,
through June 30, 2016. As a result of our analysis of the comments and
information received, these final results differ from the Preliminary
Results with respect to Daejin Steel Co., (Daejin), but remain
unchanged with respect to Korea Wire Co., Ltd. (Kowire). For the final
weighted-average dumping margins, see the ``Final Results of Review''
section below.
DATES: Applicable January 29, 2018.
FOR FURTHER INFORMATION CONTACT: Robert Galantucci or Trisha Tran, AD/
CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2923 or (202)
482-4852, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2017, Commerce published the Preliminary Results.\1\
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to
comment on our Preliminary Results. On September 22, 2017, Mid
Continent Steel & Wire, Inc. (the petitioner), Daejin and Kowire
submitted their case briefs.\2\ On September 27, 2017, the petitioner;
Daejin and Kowire submitted their rebuttal briefs.\3\
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission of Antidumping Duty Administrative Review; 2014-
2016, 82 FR 36749 (August 7, 2017) and accompanying Preliminary
Decision Memorandum (Preliminary Results).
\2\ See Petitioner's Case Brief, ``Certain Steel Nails from the
Republic of Korea: Case Brief,'' dated September 22, 2017
(Petitioner Case Brief); Daejin's Case Brief, ``Administrative
Review of the Antidumping Order on Certain Steel Nails from Korea --
Comments on Preliminary Determination,'' dated September 22, 2017
(Daejin Case Brief); Kowire's Case Brief, ``Steel Nails from the
Republic of Korea,'' dated September 22, 2017 (Kowire Case Brief).
\3\ See Petitioner's Rebuttal Brief, ``Certain Steel Nails from
the Republic of Korea: Rebuttal Brief,'' dated September 27, 2017
(Petitioner Rebuttal Brief); Daejin's Rebuttal Brief,
``Administrative Review of the Antidumping Duty Order on Certain
Steel Nails from Korea--Rebuttal Brief of Daejin Steel Company,''
dated September 27, 2017 (Daejin Rebuttal Brief); Kowire's Rebuttal
Brief, ``Steel Nails from the Republic of Korea--Rebuttal Brief,''
dated September 27, 2017 (Kowire Rebuttal Brief).
---------------------------------------------------------------------------
Prior to the Preliminary Determination, on June 8, 2017, the
petitioner alleged that a particular market situation (PMS) distorted
production costs in the Korean steel nail industry.\4\ In the
Preliminary Determination, we noted that we did not have the
opportunity to consider the petitioner's PMS allegation for the
purposes of the preliminary results.\5\ On October 23, 2017, we issued
a post-preliminary determination regarding the petitioner's PMS
allegation, and permitted parties to comment.\6\ On October 30, 2017,
the petitioner submitted a case brief regarding its PMS allegation.\7\
On November 6, 2017, Daejin and Kowire submitted rebuttal briefs
concerning the petitioner's PMS allegation.\8\ On September 6, 2017,
Kowire requested a hearing.\9\ However, it subsequently withdrew its
request for a hearing,\10\ and no other interested parties requested a
hearing.
---------------------------------------------------------------------------
\4\ See Letter from the petitioner, ``Certain Steel Nails from
Korea: Particular Market Situation Allegation,'' dated June 8, 2017.
\5\ See Preliminary Determination, at 36750.
\6\ See Memorandum, ``2014-2016 Antidumping Duty Administrative
Review of Certain Steel Nails from the Republic of Korea: Post-
Preliminary Decision on Particular Market Situation Allegation,''
dated October 23, 2017.
\7\ See Petitioner's PMS Brief, ``Certain Steel Nails from the
Republic of Korea: Case Brief Regarding Particular Market
Situation,'' dated October 30, 2017 (Petitioner PMS Brief).
\8\ See Daejin's PMS Rebuttal Brief, ``First Administrative
Review of the Antidumping Duty Order on Certain Steel Nails from
Korea--Brief of Daejin Steel Company in Response to Mid Continent's
PMS Allegations,'' dated November 6, 2017 (Daejin PMS Rebuttal
Brief); Kowire's Rebuttal Brief, ``Steel Nails from the Republic of
Korea -Rebuttal Brief Regarding the Particular Market Situation
Determination,'' dated November 6, 2017 (Kowire PMS Rebuttal Brief).
\9\ See Letter from Kowire to Commerce, ``Steel Nails from the
Republic of Korea--Request for a Public Hearing,'' dated September
6, 2017.
\10\ See Letter from Kowire to Commerce, ``Steel Nails from the
Republic of Korea--Withdrawal of Request for Public Hearing,'' dated
December 1, 2017.
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Scope of the Order
The merchandise covered by this order is nails having a nominal
shaft length not exceeding 12 inches.\11\ Merchandise covered by the
order is currently classified under the Harmonized Tariff Schedule of
the United States (HTSUS) subheadings 7317.00.55.02, 7317.00.55.03,
7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11,
7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70,
7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Nails subject to this order also may be classified under
HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS
subheadings. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of this
order is dispositive. For a complete
[[Page 4029]]
description of the scope of the order, see the IDM.\12\
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\11\ The shaft length of certain steel nails with flat heads or
parallel shoulders under the head shall be measured from under the
head or shoulder to the tip of the point. The shaft length of all
other certain steel nails shall be measured overall.
\12\ See Memorandum, ``Issues and Decision Memorandum for Final
Results of the 2014-2016 Administrative Review of the Antidumping
Duty Order on Certain Steel Nails from the Republic of Korea,''
(IDM) dated concurrently with, and hereby adopted by this notice.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the IDM. A list of the
issues that parties raised and to which we responded is attached to
this notice as an Appendix. The IDM 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
in the Central Records Unit (CRU), room B8024 of the main Department of
Commerce building. In addition, a complete version of the IDM can be
accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed IDM and the electronic versions of the IDM are
identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have
recalculated Daejin's weighted-average dumping margin.\13\ The dumping
margin for Kowire remains 0.00 percent, as it was in the Preliminary
Results.\14\
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\13\ See IDM; see also Memorandum, ``Analysis Memorandum for the
Preliminary Determination of the Antidumping Duty Administrative
Review of Certain Steel Nails from the Republic of Korea: Daejin
Steel Company,'' dated concurrently with this notice.
\14\ Although in the Preliminary Results, we calculated a
dumping margin of 0.00 percent for Kowire, we inadvertently listed a
dumping margin of 0.16 percent for the company in the Federal
Register notice. This error is corrected for purposes of these final
results. For further details, see the ``Final Results of the
Review'' section of this notice; see also IDM at Comment 9;
Memorandum, ``Certain Nails from the Republic of Korea: Calculation
Memorandum for the Final Results of the 2014-2016 Administrative
Review--Korea Wire Co., Ltd.,'' dated concurrently with this notice.
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Final Results of the Review
As a result of this administrative review, Commerce calculated a
weighted-average dumping margin that is above de minimis for Daejin and
a dumping margin of 0.00 percent for Kowire for the period December 29,
2014, through June 30, 2016, as referenced below. Additionally, Je-il
Wire Production Co., Ltd. (Je-il) remains subject to this review
because neither it nor the petitioner withdrew a request for its
review; however, it was not selected as a mandatory respondent in this
review.\15\ In accordance with our practice,\16\ and consistent with
the Preliminary Results, we have assigned to Je-il Daejin's calculated
rate, i.e., the only rate calculated for a mandatory respondent that is
not zero, de minimis, or determined entirely on the basis of facts
available.
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\15\ See Preliminary Results.
\16\ See, e.g., Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2015-
2016, 82 FR 49179 (October 24, 2017).
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Daejin Steel Co., Ltd...................................... 2.76
Korea Wire Co., Ltd........................................ 0.00
Je-il Wire Production Co., Ltd............................. 2.76
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Duty Assessment
Commerce shall determine and Customs and Border Protection (CBP)
shall assess antidumping duties on all appropriate entries.\17\ For any
individually examined respondent whose weighted-average dumping margin
is above de minimis, we calculated importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1). Upon
issuance of the final results of this administrative review, if any
importer-specific assessment rates calculated in the final results are
above de minimis (i.e., at or above 0.5 percent), Commerce will issue
instructions directly to CBP to assess antidumping duties on
appropriate entries. Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\17\ In these final results, Commerce applied the assessment
rate calculation method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which it did not know that its merchandise was destined
for the United States, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
We intend to issue assessment instructions directly to CBP 15 days
after publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rate for respondents noted above will
be the rate established in the final results of this administrative
review; (2) for merchandise exported by manufacturers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company
specific rate published for the most recently completed segment of this
proceeding; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the manufacturer is,
the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the manufacturer of
the subject merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 11.80 percent, the all-
others rate established in the antidumping investigation.\18\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\18\ See Certain Steel Nails from the Republic of Korea: Final
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20,
2015).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during the POR. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent assessment of doubled antidumping duties.
[[Page 4030]]
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: January 19, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final IDM
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of the Issues
General Issue:
Comment 1: Particular Market Situation
Daejin-Specific Issues:
Comment 2: Scrap Offset
Comment 3: Cost Variations Not Due to Differences in Physical
Characteristics
Comment 4: SG&A Expenses
Comment 5: Quarterly Costs
Comment 6: Differential Pricing
Kowire-Specific Issues:
Comment 7: Affiliation With Subcontractor
Comment 8: SG&A Expense Ratio
Comment 9: Cash Deposit Instructions
VI. Recommendation
[FR Doc. 2018-01593 Filed 1-26-18; 8:45 am]
BILLING CODE 3510-DS-P
