Carton-Closing Staples From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 13236-13239 [2018-06206]
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
(202) 482–3931 or (202) 482–7924,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 15, 2015, Commerce
published the Final Results,1 in which
it determined Baoding Mantong to have
a weight-averaged dumping margin of
143.87 percent for the period under
review. On August 1, 2017, the Court
sustained three of Commerce’s
determinations in the Final Results but,
with respect to findings for Baoding
Mantong, remanded the results to
Commerce for reconsideration of the
surrogate value selection for liquid
ammonia and the selection of
companies used for the respondent’s
surrogate financial ratios.2 In the Final
Results of Redetermination, Commerce
selected a new surrogate value for liquid
ammonia and changed its selection of
surrogate financial ratios; these two
changes resulted in a dumping margin
of zero percent.3 On March 12, 2018, the
Court sustained the Final Results of
Redetermination.4
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Timken Notice
In its decision in Timken,5 as clarified
by Diamond Sawblades,6 the Court of
Appeals for the Federal Circuit held
that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (the Act),
Commerce must publish a notice of a
court decision that is not ‘‘in harmony’’
with a Commerce determination and
must suspend liquidation of entries
pending a ‘‘conclusive’’ court decision.
The CIT’s March 12, 2018, final
judgment sustaining the Final Results of
Redetermination constitutes a final
decision of the Court that is not in
harmony with Commerce’s Final
1 See Glycine from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review; 2013–
2014, 80 FR 62027 (October 15, 2015) (Final
Results) and accompanying Issues and Decision
Memorandum (Issues and Decision Memorandum).
2 See Evonik Rexim (Nanning) Pharmaceutical
Co. Ltd. v. United States, 253 F. Supp. 3d 1364
(2017). The Court consolidated actions filed by
Evonik Rexim (Nanning) Pharmaceutical Co. Ltd.
(Evonik) and Baoding Mantong on January 21, 2016,
but later granted a motion to sever and stay one of
Evonik’s claims pending the final disposition of a
similar claim in another segment of this
antidumping duty proceeding.
3 See ‘‘Final Results of Redetermination Pursuant
to Court Remand,’’ dated October 20, 2017 (Final
Results of Redetermination).
4 See Evonik Rexim (Nanning) Pharmaceutical
Co. Ltd. v. United States, Court No. 15–00296, Slip
Op. 18–21 (CIT March 12, 2018).
5 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
6 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
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Results. This notice is published in
fulfillment of the Timken publication
requirements. Accordingly, Commerce
will continue the suspension of
liquidation of the subject merchandise
pending a final and conclusive court
decision.
Amended Final Results of Review
Because there is now a final court
decision, Commerce is amending the
Final Results with respect to the
dumping margin calculated for Baoding
Mantong. Based on the Final Results of
Redetermination, as sustained by the
CIT, the revised dumping margin for
Baoding Mantong, for the period March
1, 2013, through February 28, 2014, is
as follows:
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–055]
Carton-Closing Staples From the
People’s Republic of China: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that cartonclosing staples from the People’s
Republic of China (China) are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The final
dumping margin of sales at LTFV is
Weightedshown in the ‘‘Final Determination’’
average
section of this notice.
Producer or exporter
dumping
DATES: Applicable March 28, 2018.
margin
(percent)
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Baoding Mantong Fine
Chemistry Co. Ltd .............
0.00 Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
In the event the Court’s ruling is not
Commerce, 1401 Constitution Avenue
appealed or, if appealed, upheld by a
NW, Washington, DC 20230; telephone:
final and conclusive court decision,
(202) 482–6905.
Commerce will instruct the U.S.
SUPPLEMENTARY INFORMATION:
Customs and Border Protection (CBP) to
assess antidumping duties on
Background
unliquidated entries of subject
On November 3, 2017, Commerce
merchandise with respect to Baoding
published in the Federal Register its
Mantong.
preliminary affirmative determination
Cash Deposit Requirements
As Baoding Mantong’s cash deposit
rate has not been subject to subsequent
administrative reviews, Commerce will
issue revised cash deposit instructions
to CBP adjusting the rate for Baoding
Mantong to zero percent, effective
March 22, 2018.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: March 22, 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.
[FR Doc. 2018–06149 Filed 3–27–18; 8:45 am]
BILLING CODE 3510–DS–P
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AGENCY:
in the LTFV investigation of cartonclosing staples from China.1 For a
complete description of the events that
followed the Preliminary Determination,
see the Issues and Decision
Memorandum that is dated concurrently
with this determination and hereby
adopted by this notice.2 Commerce
exercised its discretion to toll deadlines
affected by the closure of the Federal
Government from January 20 through
22, 2018. If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. The
revised deadline for the final
1 See 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, 82 FR 51213
(November 3, 2017) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
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 (Issues and
Decision Memorandum).
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
determination of this investigation is
now March 21, 2018.3
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum. The Issues and 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
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Period of Investigation
The period of investigation (POI) is
July 1, 2016, through December 31,
2016.
Scope of the Investigation 4
The products covered by this
investigation are carton-closing staples
from China. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I of this notice. The scope in
Appendix I reflects the final scope
language.
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Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum accompanying this
China-Wide Entity
3 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
3 days.
4 Commerce has made no changes to the scope of
the investigation as published in the Preliminary
Determination. Further, no interested party
commented on our preliminary scope
determination that the mattress boxspring staples
imported by Vertex Fasteners, a division of Leggett
& Platt, Incorporated, are not covered by the scope
of the investigation. See Preliminary Determination
and accompanying Preliminary Decision
Memorandum at pages 3–4. Accordingly, our
determination remains unchanged and we continue
to find that Vertex Fasteners’ mattress boxspring
staples, as described in the Preliminary
Determination, are not covered by the scope of this
investigation.
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notice, which is hereby adopted by this
notice. A list of the issues addressed in
the Issues and Decision Memorandum is
attached to this notice at Appendix II.
For the final determination,
Commerce continues to rely upon facts
otherwise available, with adverse
inferences based on adverse facts
available (AFA), for the China-wide
entity, including Zhejiang Best Nail
Industrial Co., Ltd. (Best Nail), pursuant
to sections 776(a)–(b) of the Tariff Act
of 1930, as amended (the Act).
Furthermore, as discussed in the Issues
and Decision Memorandum, Commerce
continues to find, pursuant to sections
771(33)(A) and (F) of the Act, that the
mandatory respondent, Shanghai Yueda
Nails Co., Ltd., is affiliated with
Qiushan Printing Machinery Co., Ltd.,
Fastnail Products Limited, and Wuhan
FOPO Trading Co., Ltd., and that these
companies should be treated as a single
entity pursuant 19 CFR 351.401(f),
hereinafter referred to as Yueda Group.
However, for the final determination,
we find that another company, China
Dinghao Co., Limited (Dinghao), is
affiliated within the meaning of section
771(33)(G) of the Act, and should, in
accordance with 19 CFR
351.401(f)(2)(iii), also be treated as part
of this single entity, pursuant to our
verification of the Yueda Group. Based
on Commerce’s verification of the
Yueda Group, we continue to find it
entitled to a separate rate, but determine
it appropriate to base Yueda Group’s
estimated dumping margin on AFA,
pursuant to sections 776(a)–(b) of the
Act.5
For the final determination, we
continue to find, in accordance with
section 776(a) of the Act, that the Chinawide entity, which includes certain
Chinese exporters and/or producers 6
that did not respond to Commerce’s
requests for information, failed to
provide necessary information, failed to
provide information in a timely manner,
and significantly impeded this
proceeding by not submitting the
requested information. We also continue
to find, in accordance with section
776(b) of the Act, that the China-wide
entity failed to cooperate. As a result,
we continue to assign to the China-wide
5 See Issues and Decision Memorandum for
further discussion.
6 The China-wide entity includes Best Nail and 20
Chinese exporters and/or producers that failed to
respond to our Quantity and Value Questionnaire.
See Preliminary Determination, 82 FR at 51214 and
accompanying Preliminary Decision Memorandum
at 14, footnote 86.
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entity a dumping margin on the basis of
AFA.
In selecting the AFA rate for Yueda
Group and the China-wide entity,
Commerce’s practice is to select a rate
that is sufficiently adverse to ensure that
the uncooperative party does not obtain
a more favorable result by failing to
cooperate than if it had fully
cooperated.7 Specifically, it is
Commerce’s practice to select, as an
AFA rate, the higher of: (a) The highest
dumping margin alleged in the petition;
or (b) the highest calculated dumping
margin of any respondent in the
investigation.8 As there are no
respondents for which we are
calculating a separate dumping margin
for the final determination, we relied
upon the rates found in the Petition,
which is the only information regarding
the carton-closing staples industry
reasonably at Commerce’s disposal to
determine a rate that is sufficiently
adverse to induce cooperation.9 Thus, as
AFA, Commerce assigned to Yueda
Group and the China-wide entity the
rate of 263.40 percent, which is the
highest dumping margin alleged in the
Petition.10 For the final determination,
because there were no margins
calculated for the mandatory
respondents, to corroborate the 263.40
percent margin used as AFA for Yueda
Group and the China-wide entity, to the
extent appropriate information was
available, we are affirming our preinitiation analysis of the adequacy and
accuracy of the information in the
7 See Statement of Administrative Action
accompanying the Uruguay Round Agreements Act,
H.R. Rep. No. 103–316 at 870 (1994) (H.R. Rep 103–
316), reprinted in 1994 U.S.C.A.A.N.
8 See Silicon Metal from Australia: Affirmative
Final Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of
Critical Circumstances in Part, 83 FR 9839 (March
8, 2018) and accompanying Issues and Decision
Memorandum at Comment 1.
9 See, e.g., Certain Hardwood Plywood Products
from the People’s Republic of China: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Affirmative Determination
of Critical Circumstances, in Part, 82 FR 28629
(June 23, 2017) and accompanying Preliminary
Decision Memorandum at pages 31–32 (revised in
Certain Hardwood Plywood Products from the
People’s Republic of China: Final Determination of
Sales at Less Than Fair Value, and Final
Affirmative Determination of Critical
Circumstances, in Part, 82 FR 53460 (November 16,
2017) because Commerce calculated a higher rate
than the highest Petition rate to apply as the AFA
rate)).
10 See Petition for the Imposition of Antidumping
Duties on Imports of Carton-Closing Staples from
the People’s Republic of China, dated March 31,
2017 (Petition), and Petitioner’s Supplemental
Questionnaire Response, dated April 6, 2017
(Petition Supplemental Response), at 19–20 and
Exhibit II–SQ–9.
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Petition.11 Accordingly, we find that the
rate of 263.40 percent is corroborated
within the meaning of section 776(c) of
the Act.
Separate Rates
For the final determination, we
continue to find that Hangzhou Huayu
Machinery Co., Ltd. and The Stanley
Works (Langfang) Fastening Systems
Co., Ltd. are entitled to a separate rate,
as noted below. In the Preliminary
Determination, we assigned, as the
separate rate, the margin calculated for
the single remaining mandatory
respondent (Yueda Group), consistent
with our practice.12 However, because
we have determined to base Yueda
Group’s final dumping margin on AFA,
we can no longer rely on Yueda Group’s
preliminary calculated rate as the
separate rate. Therefore, because we are
determining Yueda Group’s rate and the
China-wide rate based on AFA, we are
looking to section 735(c)(5)(A)–(B) of
the Act for guidance and are, consistent
with that provision, using ‘‘any
reasonable method’’ to determine the
rate for exporters that are not being
individually examined and found to be
entitled to a separate rate, as we did in
the Preliminary Determination. As ‘‘any
reasonable method,’’ we find it
appropriate to assign the simple average
of the Petition rates 13 (i.e., 115.65
percent) to the separate rate applicants
not individually examined.14
Combination Rates
In the Initiation Notice,15 Commerce
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.16
Final Determination
Commerce determines that cartonclosing staples from China are being, or
is likely to be, sold in the United States
at LTFV, and that the following
dumping margins exist:
Estimated
dumping
margin
(percent)
Producer
Exporter
Yueda Group: 17
Shanghai Yueda Nails Co., Ltd., or Qiushan Printing Machinery Co., Ltd.
Yueda Group:
Shanghai Yueda Nails Co., Ltd., or Fastnail Products Limited,
or Wuhan FOPO Trading Co., Ltd., or China Dinghao Co.,
Limited.
Hangzhou Huayu Machinery Co., Ltd.
The Stanley Works (Langfang) Fastening Systems Co., Ltd.
Hangzhou Huayu Machinery Co., Ltd.
The Stanley Works (Langfang) Fastening Systems Co., Ltd.
China-Wide Entity 18
Disclosure
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Normally, Commerce discloses to
interested parties the calculations
performed in connection with a final
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of the notice
of final determination in the Federal
Register, in accordance with 19 CFR
351.224(b). Because Commerce applied
total AFA to the sole individually
examined company, Yueda Group, in
accordance with section 776 of the Act,
and the applied AFA rate is based solely
on at rate from the Petition, there are no
calculations to disclose for Yueda
Group. However, we will disclose the
calculation of the simple average of the
Petition margins, which we applied to
the non-individually examined
companies receiving a separate rate (i.e.,
11 See Issues and Decision Memorandum at pages
23–25, for the discussion regarding corroboration of
the AFA rate. See also Petition and Petition
Supplemental Response, at 19–20 and Exhibit II–
SQ–9.
12 See Preliminary Determination, 82 FR at 51214,
and accompanying Preliminary Decision
Memorandum at 12–13.
13 See Petition and Petition Supplemental
Response, at 19–20 and Exhibit II–SQ–9.
14 See Issues and Decision Memorandum at
Comment 3. See also Galvanized Steel Wire from
the People’s Republic of China: Final Determination
of Sales at Less Than Fair Value, 77 FR 17430,
16432 (March 26, 2012).
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Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of all entries of cartonclosing staples from China, as described
in Appendix I of this notice, which are
entered, or withdrawn from warehouse,
for consumption on or after November
3, 2017, the date of publication in the
Federal Register of the affirmative
Preliminary Determination. Pursuant to
section 735(c)(1) of the Act, we will
instruct CBP to require a cash deposit
equal to the margins indicated in the
chart above.19 These suspension of
15 See
Initiation Notice, 82 FR at 19355.
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 Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
17 Commerce determines that Shanghai Yueda
Nails Co., Ltd., Qiushan Printing Machinery Co.,
Ltd., China Dinghao Co., Limited, Fastnail Products
Limited, and Wuhan FOPO Trading Co., Ltd., are
affiliated pursuant to sections 771(33)(A) and (F) of
the Act and should be treated as a single entity
pursuant to 19 CFR 351.401(f). See Issues and
Decision Memorandum at 2–5.
16 See
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115.65
115.65
263.40
115.65 percent), within five days of the
date of publication of this notice to
parties in this proceeding, in accordance
with 19 CFR 351.224(b).
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Sfmt 4703
liquidation instructions will remain in
effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we intend to notify the
International Trade Commission (ITC) of
the final affirmative determination of
sales at LTFV. As Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will determine, within 45
days, whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports of carton-closing
staples from China, or sales (or the
likelihood of sales) for importation, of
carton-closing staples from China. If the
ITC determines that such injury does
not exist, this proceeding will be
terminated, and all securities posted
18 As discussed in the Preliminary Determination,
Best Nail, a mandatory respondent in this
investigation, and certain non-responsive Chinese
companies did not demonstrate that they were
entitled to a separate rate. Accordingly, we continue
to consider Best Nail and these companies to be
part of the China-wide entity. See Preliminary
Decision Memorandum at 14, footnote 86.
19 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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will be refunded or canceled. If the ITC
determines that such injury does exist,
Commerce intends to issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
We intend to issue and publish this
determination in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: March 21, 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.
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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
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
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(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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Whether To Assign Total
Adverse Facts Available to Yueda Group
A. Chronology
B. Verification and Timing
C. Reliance on Unverified Information
D. Commerce’s Conduct Regarding the
Toller
E. Application of Facts Available and
Adverse Facts Available
F. Selection and Corroboration of the AFA
Rate
Comment 2: Reliance on Toller’s Reported
FOP Data
Comment 3: Separate Rate Assigned to
Non-Individually Examined
Respondents
Comment 4: Whether To Find Affirmative
Critical Circumstances
Additional Arguments Regarding
Calculations
V. Recommendation
[FR Doc. 2018–06206 Filed 3–27–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–832]
Carbon and Alloy Steel Wire Rod From
the Republic of Turkey: Final
Affirmative Countervailing Duty
Determination and Final Affirmative
Critical Circumstances Determination,
in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to exporters and producers of
carbon and alloy steel wire rod (wire
rod) from the Republic of Turkey
(Turkey) for the period of investigation
(POI), January 1, 2016, through
December 31, 2016.
DATES: Applicable March 28, 2018.
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
Justin Neuman or Omar Qureshi, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0486 or (202) 482–5307,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 5, 2017, Commerce
published its affirmative Preliminary
Determination of this countervailing
duty (CVD) investigation.1
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through 22, 2018. If the new deadline
falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the final determination of this
investigation is now March 19, 2018.2 A
summary of the events that occurred
since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum, which is hereby adopted
by this notice.3
Scope of the Investigation
The scope of the investigation covers
wire rod from Turkey. For a complete
description of the scope of the
investigation, see Appendix I.
Scope Comments
During the course of this
investigation, Commerce received
numerous scope comments from
interested parties. Prior to the
Preliminary Determination, Commerce
issued a Preliminary Scope Decision
Memorandum to address these
comments and made no changes to the
1 See Carbon and Alloy Steel Wire Rod from the
Republic of Turkey: Preliminary Affirmative
Countervailing Duty Determination and Preliminary
Affirmative Critical Circumstances Determination,
in Part, 82 FR 41929 (September 5, 2017)
(Preliminary Determination).
2 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’, dated January 23, 2018. All
deadlines in this segment of the proceeding have
been extended by 3 days.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Carbon and
Alloy Steel Wire Rod from the Republic of Turkey,’’
dated concurrently with this determination and
hereby adopted by this notice (Issues and Decision
Memorandum).
E:\FR\FM\28MRN1.SGM
28MRN1
]]>Agencies
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13236-13239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06206]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-055]
Carton-Closing Staples From the People's Republic of China: Final
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that carton-
closing staples from the People's Republic of China (China) are being,
or are likely to be, sold in the United States at less than fair value
(LTFV). The final dumping margin of sales at LTFV is shown in the
``Final Determination'' section of this notice.
DATES: Applicable March 28, 2018.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2017, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
carton-closing staples from China.\1\ For a complete description of the
events that followed the Preliminary Determination, see the Issues and
Decision Memorandum that is dated concurrently with this determination
and hereby adopted by this notice.\2\ Commerce exercised its discretion
to toll deadlines affected by the closure of the Federal Government
from January 20 through 22, 2018. If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will
become the next business day. The revised deadline for the final
[[Page 13237]]
determination of this investigation is now March 21, 2018.\3\
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\1\ See 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, 82 FR 51213 (November 3, 2017) (Preliminary
Determination) and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative 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 (Issues and Decision Memorandum).
\3\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum. The Issues and 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 Issues and Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The
signed Issues and Decision Memorandum and the electronic version are
identical in content.
Period of Investigation
The period of investigation (POI) is July 1, 2016, through December
31, 2016.
Scope of the Investigation \4\
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\4\ Commerce has made no changes to the scope of the
investigation as published in the Preliminary Determination.
Further, no interested party commented on our preliminary scope
determination that the mattress boxspring staples imported by Vertex
Fasteners, a division of Leggett & Platt, Incorporated, are not
covered by the scope of the investigation. See Preliminary
Determination and accompanying Preliminary Decision Memorandum at
pages 3-4. Accordingly, our determination remains unchanged and we
continue to find that Vertex Fasteners' mattress boxspring staples,
as described in the Preliminary Determination, are not covered by
the scope of this investigation.
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The products covered by this investigation are carton-closing
staples from China. For a full description of the scope of this
investigation, see the ``Scope of the Investigation,'' in Appendix I of
this notice. The scope in Appendix I reflects the final scope language.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum accompanying this notice, which is hereby
adopted by this notice. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice at Appendix II.
For the final determination, Commerce continues to rely upon facts
otherwise available, with adverse inferences based on adverse facts
available (AFA), for the China-wide entity, including Zhejiang Best
Nail Industrial Co., Ltd. (Best Nail), pursuant to sections 776(a)-(b)
of the Tariff Act of 1930, as amended (the Act). Furthermore, as
discussed in the Issues and Decision Memorandum, Commerce continues to
find, pursuant to sections 771(33)(A) and (F) of the Act, that the
mandatory respondent, Shanghai Yueda Nails Co., Ltd., is affiliated
with Qiushan Printing Machinery Co., Ltd., Fastnail Products Limited,
and Wuhan FOPO Trading Co., Ltd., and that these companies should be
treated as a single entity pursuant 19 CFR 351.401(f), hereinafter
referred to as Yueda Group. However, for the final determination, we
find that another company, China Dinghao Co., Limited (Dinghao), is
affiliated within the meaning of section 771(33)(G) of the Act, and
should, in accordance with 19 CFR 351.401(f)(2)(iii), also be treated
as part of this single entity, pursuant to our verification of the
Yueda Group. Based on Commerce's verification of the Yueda Group, we
continue to find it entitled to a separate rate, but determine it
appropriate to base Yueda Group's estimated dumping margin on AFA,
pursuant to sections 776(a)-(b) of the Act.\5\
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\5\ See Issues and Decision Memorandum for further discussion.
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China-Wide Entity
For the final determination, we continue to find, in accordance
with section 776(a) of the Act, that the China-wide entity, which
includes certain Chinese exporters and/or producers \6\ that did not
respond to Commerce's requests for information, failed to provide
necessary information, failed to provide information in a timely
manner, and significantly impeded this proceeding by not submitting the
requested information. We also continue to find, in accordance with
section 776(b) of the Act, that the China-wide entity failed to
cooperate. As a result, we continue to assign to the China-wide entity
a dumping margin on the basis of AFA.
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\6\ The China-wide entity includes Best Nail and 20 Chinese
exporters and/or producers that failed to respond to our Quantity
and Value Questionnaire. See Preliminary Determination, 82 FR at
51214 and accompanying Preliminary Decision Memorandum at 14,
footnote 86.
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In selecting the AFA rate for Yueda Group and the China-wide
entity, Commerce's practice is to select a rate that is sufficiently
adverse to ensure that the uncooperative party does not obtain a more
favorable result by failing to cooperate than if it had fully
cooperated.\7\ Specifically, it is Commerce's practice to select, as an
AFA rate, the higher of: (a) The highest dumping margin alleged in the
petition; or (b) the highest calculated dumping margin of any
respondent in the investigation.\8\ As there are no respondents for
which we are calculating a separate dumping margin for the final
determination, we relied upon the rates found in the Petition, which is
the only information regarding the carton-closing staples industry
reasonably at Commerce's disposal to determine a rate that is
sufficiently adverse to induce cooperation.\9\ Thus, as AFA, Commerce
assigned to Yueda Group and the China-wide entity the rate of 263.40
percent, which is the highest dumping margin alleged in the
Petition.\10\ For the final determination, because there were no
margins calculated for the mandatory respondents, to corroborate the
263.40 percent margin used as AFA for Yueda Group and the China-wide
entity, to the extent appropriate information was available, we are
affirming our pre-initiation analysis of the adequacy and accuracy of
the information in the
[[Page 13238]]
Petition.\11\ Accordingly, we find that the rate of 263.40 percent is
corroborated within the meaning of section 776(c) of the Act.
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\7\ See Statement of Administrative Action accompanying the
Uruguay Round Agreements Act, H.R. Rep. No. 103-316 at 870 (1994)
(H.R. Rep 103-316), reprinted in 1994 U.S.C.A.A.N.
\8\ See Silicon Metal from Australia: Affirmative Final
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances in Part, 83 FR 9839 (March
8, 2018) and accompanying Issues and Decision Memorandum at Comment
1.
\9\ See, e.g., Certain Hardwood Plywood Products from the
People's Republic of China: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Preliminary Affirmative Determination
of Critical Circumstances, in Part, 82 FR 28629 (June 23, 2017) and
accompanying Preliminary Decision Memorandum at pages 31-32 (revised
in Certain Hardwood Plywood Products from the People's Republic of
China: Final Determination of Sales at Less Than Fair Value, and
Final Affirmative Determination of Critical Circumstances, in Part,
82 FR 53460 (November 16, 2017) because Commerce calculated a higher
rate than the highest Petition rate to apply as the AFA rate)).
\10\ See Petition for the Imposition of Antidumping Duties on
Imports of Carton-Closing Staples from the People's Republic of
China, dated March 31, 2017 (Petition), and Petitioner's
Supplemental Questionnaire Response, dated April 6, 2017 (Petition
Supplemental Response), at 19-20 and Exhibit II-SQ-9.
\11\ See Issues and Decision Memorandum at pages 23-25, for the
discussion regarding corroboration of the AFA rate. See also
Petition and Petition Supplemental Response, at 19-20 and Exhibit
II-SQ-9.
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Separate Rates
For the final determination, we continue to find that Hangzhou
Huayu Machinery Co., Ltd. and The Stanley Works (Langfang) Fastening
Systems Co., Ltd. are entitled to a separate rate, as noted below. In
the Preliminary Determination, we assigned, as the separate rate, the
margin calculated for the single remaining mandatory respondent (Yueda
Group), consistent with our practice.\12\ However, because we have
determined to base Yueda Group's final dumping margin on AFA, we can no
longer rely on Yueda Group's preliminary calculated rate as the
separate rate. Therefore, because we are determining Yueda Group's rate
and the China-wide rate based on AFA, we are looking to section
735(c)(5)(A)-(B) of the Act for guidance and are, consistent with that
provision, using ``any reasonable method'' to determine the rate for
exporters that are not being individually examined and found to be
entitled to a separate rate, as we did in the Preliminary
Determination. As ``any reasonable method,'' we find it appropriate to
assign the simple average of the Petition rates \13\ (i.e., 115.65
percent) to the separate rate applicants not individually examined.\14\
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\12\ See Preliminary Determination, 82 FR at 51214, and
accompanying Preliminary Decision Memorandum at 12-13.
\13\ See Petition and Petition Supplemental Response, at 19-20
and Exhibit II-SQ-9.
\14\ See Issues and Decision Memorandum at Comment 3. See also
Galvanized Steel Wire from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 77 FR 17430, 16432
(March 26, 2012).
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Combination Rates
In the Initiation Notice,\15\ Commerce 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.\16\
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\15\ See Initiation Notice, 82 FR at 19355.
\16\ 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
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination
Commerce determines that carton-closing staples from China are
being, or is likely to be, sold in the United States at LTFV, and that
the following dumping margins exist:
------------------------------------------------------------------------
Estimated
Producer Exporter dumping margin
(percent)
------------------------------------------------------------------------
Yueda Group: \17\ Yueda Group:
Shanghai Yueda Nails Co., Shanghai Yueda Nails 263.40
Ltd., or Qiushan Printing Co., Ltd., or Fastnail
Machinery Co., Ltd. Products Limited, or
Wuhan FOPO Trading
Co., Ltd., or China
Dinghao Co., Limited.
Hangzhou Huayu Machinery Co., Hangzhou Huayu 115.65
Ltd. Machinery Co., Ltd.
The Stanley Works (Langfang) The Stanley Works 115.65
Fastening Systems Co., Ltd. (Langfang) Fastening
Systems Co., Ltd.
------------------------------------------------------------------------
China-Wide Entity \18\ 263.40
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b). Because Commerce applied total AFA to the sole individually
examined company, Yueda Group, in accordance with section 776 of the
Act, and the applied AFA rate is based solely on at rate from the
Petition, there are no calculations to disclose for Yueda Group.
However, we will disclose the calculation of the simple average of the
Petition margins, which we applied to the non-individually examined
companies receiving a separate rate (i.e., 115.65 percent), within five
days of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b).
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\17\ Commerce determines that Shanghai Yueda Nails Co., Ltd.,
Qiushan Printing Machinery Co., Ltd., China Dinghao Co., Limited,
Fastnail Products Limited, and Wuhan FOPO Trading Co., Ltd., are
affiliated pursuant to sections 771(33)(A) and (F) of the Act and
should be treated as a single entity pursuant to 19 CFR 351.401(f).
See Issues and Decision Memorandum at 2-5.
\18\ As discussed in the Preliminary Determination, Best Nail, a
mandatory respondent in this investigation, and certain non-
responsive Chinese companies did not demonstrate that they were
entitled to a separate rate. Accordingly, we continue to consider
Best Nail and these companies to be part of the China-wide entity.
See Preliminary Decision Memorandum at 14, footnote 86.
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to continue to suspend
liquidation of all entries of carton-closing staples from China, as
described in Appendix I of this notice, which are entered, or withdrawn
from warehouse, for consumption on or after November 3, 2017, the date
of publication in the Federal Register of the affirmative Preliminary
Determination. Pursuant to section 735(c)(1) of the Act, we will
instruct CBP to require a cash deposit equal to the margins indicated
in the chart above.\19\ These suspension of liquidation instructions
will remain in effect until further notice.
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\19\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we intend to notify
the International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. As Commerce's final determination is
affirmative, in accordance with section 735(b)(2) of the Act, the ITC
will determine, within 45 days, whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of carton-closing staples from China, or
sales (or the likelihood of sales) for importation, of carton-closing
staples from China. If the ITC determines that such injury does not
exist, this proceeding will be terminated, and all securities posted
[[Page 13239]]
will be refunded or canceled. If the ITC determines that such injury
does exist, Commerce intends to issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative Protective Orders
This notice will serve as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of propriety information disclosed under APO
in accordance with 19 CFR 351.305. Timely written notification of
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
We intend to issue and publish this determination in accordance
with sections 735(d) and 777(i)(1) of the Act.
Dated: March 21, 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 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 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Whether To Assign Total Adverse Facts Available to
Yueda Group
A. Chronology
B. Verification and Timing
C. Reliance on Unverified Information
D. Commerce's Conduct Regarding the Toller
E. Application of Facts Available and Adverse Facts Available
F. Selection and Corroboration of the AFA Rate
Comment 2: Reliance on Toller's Reported FOP Data
Comment 3: Separate Rate Assigned to Non-Individually Examined
Respondents
Comment 4: Whether To Find Affirmative Critical Circumstances
Additional Arguments Regarding Calculations
V. Recommendation
[FR Doc. 2018-06206 Filed 3-27-18; 8:45 am]
BILLING CODE 3510-DS-P
