Certain Steel Nails From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review, 32631-32632 [2018-15011]
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Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
Topic to be considered: At this final
meeting of the current (2016–2018)
ETTAC charter, interagency
representatives of the Trade Promotion
Coordinating Committee’s
Environmental Trade Working Group
(TPCC ETWG) will respond to the
recommendations that the ETTAC
presented to the Secretary of
Commerce’s designee on May 15. The
meeting will be co-chaired by senior
officials from the International Trade
Administration and the U.S.
Environmental Protection Agency. The
ETTAC’s recommendations cover two
primary themes: (1) Recommendations
regarding how the U.S. Government can
help level the playing field, address
barriers and increase opportunities for
U.S. environmental exporters through
market development efforts, export
financing, and trade policy engagements
and negotiations; and recommendations
aimed at improving the overall quality
of services delivered by the U.S.
Government to U.S. environmental
exporters through enhancements to
digital tools aimed at improving lead
generation, lead dissemination, and
metrics and tracking. The
recommendations were developed by
the ETTAC’s three subcommittees:
Trade Promotion and Export Market
Development, Professional Services and
Infrastructure Advancement, and Trade
Policy and American Competitiveness.
OEEI will make the final agenda
available to the public at least one week
prior to the meeting. Please email
amy.kreps@trade.gov or contact 202–
482–3835 for a copy.
Background: The ETTAC is mandated
by Section 2313(c) of the Export
Enhancement Act of 1988, as amended,
15 U.S.C. 4728(c), to advise the
Environmental Trade Working Group of
the Trade Promotion Coordinating
Committee, through the Secretary of
Commerce, on the development and
administration of programs to expand
U.S. exports of environmental
technologies, goods, services, and
products. The ETTAC was originally
chartered in May of 1994. It was most
recently re-chartered until August 2018.
Dated: July 9, 2018.
Man Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2018–14994 Filed 7–12–18; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
Certain Steel Nails From the People’s
Republic of China: Notice of Court
Decision Not in Harmony With the
Final Results of Administrative Review
and Notice of Amended Final Results
of Antidumping Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 19, 2018, the United
States Court of International Trade
(Court) issued its final judgment in
Xi’an Metals & Minerals Import &
Export Co., Ltd. v. United States,
Consol. Court No. 15–00109, sustaining,
in part, and vacating, in part, the U.S.
Department of Commerce’s (Commerce)
final remand results in the fifth
administrative review of certain steel
nails from the People’s Republic of
China (China). Commerce is notifying
the public that the final judgment in this
case is not in harmony with Commerce’s
final results of the administrative
review, covering the period of review
(POR) August 1, 2012, through July 31,
2013, and that Commerce is amending
the final results with respect to the
dumping margin assigned to The
Stanley Works (Langfang) Fastening
Systems Co., Ltd. (Stanley). The margin
for Xi’an Metals & Minerals Import &
Export Co., Ltd. (Xi’an Metals) remains
unchanged as a result of the Court’s
final judgment.
DATES: Applicable June 19, 2018.
FOR FURTHER INFORMATION CONTACT:
Matthew Renkey, 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) 482–2312.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 8, 2015, Commerce issued
the Final Results, in which it
determined weighted-average dumping
margins of 13.19 percent for Stanley and
72.52 percent Xi’an Metals.1 On
September 6, 2017, the Court remanded
to Commerce certain aspects of the Final
Results, ordering Commerce to
reconsider, in relevant part: (1) The
potential double counting of certain
1 See Certain Steel Nails from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review, 2012–2013, 80 FR
18816 (April 8, 2015) and accompanying Issues and
Decision Memorandum (Final Results).
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32631
labor costs by including line items such
as ‘‘Salary & Bonus,’’ ‘‘Welfare,’’ and
‘‘Social Security and Compensation’’ as
selling, general, and administrative
(SG&A) expenses in the surrogate
financial ratios; 2 and (2) the presence of
a transcription error in Stanley’s postverification factors of production (FOP)
database.3
On December 21, 2017, Commerce
filed the AR5 Remand Redetermination
with the Court.4 Under respectful
protest, Commerce recalculated the
surrogate financial ratios by
reclassifying certain labor-related line
items from the selling, general, and
administrative expenses numerator, to
the materials, labor, and energy
denominator of the financial ratios.5
Additionally, under respectful protest,
Commerce corrected the transcription
error present in Stanley’s postverification FOP database.6 As a result
of these modifications, there were
changes to the dumping margins
assigned to both Xi’an Metals and
Stanley. The resulting antidumping
margins for Xi’an Metals and Stanley
were 64.27 percent and 8.04 percent,
respectively.7
On June 19, 2018, the Court sustained
the AR5 Remand Redetermination with
respect to the correction of the
transcription error in Stanley’s FOP
database.8 In addition, the Court vacated
the remand order with respect to the
issue of the calculation of the surrogate
financial ratios, and reinstated this
aspect of Commerce’s Final Results.9 In
light of the Court’s Final Judgment, the
dumping margin for Xi’an Metals is
unchanged from its dumping margin
assigned in the Final Results.
Additionally, because the Court
reinstated the Final Results with respect
to the calculation of the surrogate
financial ratios, for these amended final
results, we recalculated Stanley’s
dumping margin to reflect only the
correction of the transcription error in
Stanley’s FOP database.10
2 See Xi’an Metals & Minerals Import & Export
Co., Ltd. v. United States, 256 F.Supp. 3d 1346,
1356 (CIT September 6, 2017) (Remand Order).
3 Id., at 1359.
4 See Final Results of Redetermination Pursuant
to Court Remand, Consol. Court No. 15–00109, Slip
Op. 17–120 (CIT 2017), dated December 21, 2017
(AR5 Remand Redetermination), available at https://
enforcement.trade.gov/remands/17-120.pdf.
5 Id., at 7–14.
6 Id., at 15–16.
7 Id., at 19.
8 See Xi’an Metals & Minerals Import & Export
Co., Ltd. v. United States, Consol. Court No. 15–
00109, Slip Op. 18–70 (CIT June 19, 2018) (Final
Judgment) at 3.
9 Id., at 2–3.
10 See ‘‘Amended Final Results for the Fifth
Administrative Review of Certain Steel Nails from
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Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices
Timken Notice
In its decision in Timken, 893 F.2d at
341,11 as clarified by Diamond
Sawblades,12 the Court of Appeals for
the Federal Circuit (CAFC) held that,
pursuant to section 516A(e) of the Tariff
Act of 1930, as amended (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 Court’s June 19, 2018, Final
Judgment constitutes a final decision of
the Court that is not in harmony with
Commerce’s Final Results. This notice is
published in fulfillment of the
publication requirement of Timken.
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.
Amended Final Results
Because there is now a final court
decision, Commerce is amending the
Final Results with respect to Stanley.
The revised weighted-average dumping
margin for Stanley for the period August
1, 2012, through July 31, 2013, is as
follows:
[A–351–845]
Exporter
Weightedaverage
margin
(percent)
Stanley ..................................
10.16
Commerce will continue the
suspension of liquidation of the subject
merchandise pending the expiration of
the period of appeal or, if appealed,
pending a final and conclusive court
decision. In the event the Court’s ruling
is not appealed or, if appealed, upheld
by the CAFC, Commerce will instruct
U.S. Customs and Border Protection to
assess antidumping duties on
unliquidated entries of subject
merchandise exported by Xi’an Metals
and Stanley using the appropriate
assessment rates.
sradovich on DSK3GMQ082PROD with NOTICES
Cash Deposit Requirements
As stated in the AR5 Remand
Redetermination, the cash deposit rate
for Stanley has been superseded by cash
deposit rates calculated in intervening
administrative reviews of the
antidumping duty order on certain steel
nails from China.13 Thus, we will not
alter Stanley’s cash deposit rate.
the People’s Republic of China: Analysis
Memorandum for Stanley,’’ dated concurrently with
this notice.
11 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
12 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
13 See Certain Steel Nails from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2013–2014, 81 FR
VerDate Sep<11>2014
16:47 Jul 12, 2018
Jkt 244001
Dated: July 6, 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. 2018–15011 Filed 7–12–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Certain Hot-Rolled Steel Flat Products
From Brazil: Preliminary Results of the
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on certain hotrolled steel flat products from Brazil.
The period of review (POR) is March 22,
2016, through Septemer 30, 2017. This
review covers six producers/exporters of
the subject merchandise. Commerce
selected one mandatory respondent,
Companhia Siderurgica Nacional (CSN),
for individual examination. We
preliminarily determine that sales of
subject merchandise have been made
below normal value (NV) during the
POR. We invite interested parties to
comment on these preliminary results.
DATES: Applicable July 13, 2018.
FOR FURTHER INFORMATION CONTACT:
Peter Zukowski, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0189.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The products covered by this
investigation are certain hot-rolled steel
flat products from Brazil. For a complete
14092 (March 16, 2016); Certain Steel Nails from
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments and Final Partial
Rescission; 2014–2015, 82 FR 14344 (March 20,
2017); and Certain Steel Nails from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2015–2016, 83 FR
11683 (March 16, 2018).
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description of the scope of this order,
please see the accompanying
Preliminary Decision Memorandum.1
Methodology
Commerce is conducting this review
in accordance with sections 751(a) of
the Tariff Act of 1930, as amended (the
Act). For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as the Appendix to this notice.
Adverse Facts Available
Pursuant to section 776(a) and (b) of
the Act, Commerce has preliminarily
relied upon facts otherwise available
with adverse inferences (AFA) for CSN
because this respondent did not respond
to Commerce’s antidumping duty
questionnaire. For a complete
explanation of the methodology and
analysis underlying the preliminary
application of AFA, see the Preliminary
Decision Memorandum.
Adjustment for Export Subsidies
In the original investigation, we
subtracted from the final dumping
margin of 33.14 percent the portion of
CSN’s countervailing duty rate
attributable to export subsidies (4.07
percent) in order to calculate the cashdeposit rate of 29.07 percent.2 Since the
publication of the Antidumping Duty
Order, we have not conducted an
1 See the Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from Brazil: Decision Memorandum
for Preliminary Results of the Antidumping Duty
Administrative Review; 2016–2017’’ (dated
concurrently with this Federal Register notice)
(Preliminary Decision Memorandum).
2 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016) (Antidumping Duty Order).
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[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32631-32632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15011]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China: Notice
of Court Decision Not in Harmony With the Final Results of
Administrative Review and Notice of Amended Final Results of
Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 19, 2018, the United States Court of International
Trade (Court) issued its final judgment in Xi'an Metals & Minerals
Import & Export Co., Ltd. v. United States, Consol. Court No. 15-00109,
sustaining, in part, and vacating, in part, the U.S. Department of
Commerce's (Commerce) final remand results in the fifth administrative
review of certain steel nails from the People's Republic of China
(China). Commerce is notifying the public that the final judgment in
this case is not in harmony with Commerce's final results of the
administrative review, covering the period of review (POR) August 1,
2012, through July 31, 2013, and that Commerce is amending the final
results with respect to the dumping margin assigned to The Stanley
Works (Langfang) Fastening Systems Co., Ltd. (Stanley). The margin for
Xi'an Metals & Minerals Import & Export Co., Ltd. (Xi'an Metals)
remains unchanged as a result of the Court's final judgment.
DATES: Applicable June 19, 2018.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey, 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) 482-2312.
SUPPLEMENTARY INFORMATION:
Background
On April 8, 2015, Commerce issued the Final Results, in which it
determined weighted-average dumping margins of 13.19 percent for
Stanley and 72.52 percent Xi'an Metals.\1\ On September 6, 2017, the
Court remanded to Commerce certain aspects of the Final Results,
ordering Commerce to reconsider, in relevant part: (1) The potential
double counting of certain labor costs by including line items such as
``Salary & Bonus,'' ``Welfare,'' and ``Social Security and
Compensation'' as selling, general, and administrative (SG&A) expenses
in the surrogate financial ratios; \2\ and (2) the presence of a
transcription error in Stanley's post-verification factors of
production (FOP) database.\3\
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, 2012-2013,
80 FR 18816 (April 8, 2015) and accompanying Issues and Decision
Memorandum (Final Results).
\2\ See Xi'an Metals & Minerals Import & Export Co., Ltd. v.
United States, 256 F.Supp. 3d 1346, 1356 (CIT September 6, 2017)
(Remand Order).
\3\ Id., at 1359.
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On December 21, 2017, Commerce filed the AR5 Remand Redetermination
with the Court.\4\ Under respectful protest, Commerce recalculated the
surrogate financial ratios by reclassifying certain labor-related line
items from the selling, general, and administrative expenses numerator,
to the materials, labor, and energy denominator of the financial
ratios.\5\ Additionally, under respectful protest, Commerce corrected
the transcription error present in Stanley's post-verification FOP
database.\6\ As a result of these modifications, there were changes to
the dumping margins assigned to both Xi'an Metals and Stanley. The
resulting antidumping margins for Xi'an Metals and Stanley were 64.27
percent and 8.04 percent, respectively.\7\
---------------------------------------------------------------------------
\4\ See Final Results of Redetermination Pursuant to Court
Remand, Consol. Court No. 15-00109, Slip Op. 17-120 (CIT 2017),
dated December 21, 2017 (AR5 Remand Redetermination), available at
https://enforcement.trade.gov/remands/17-120.pdf.
\5\ Id., at 7-14.
\6\ Id., at 15-16.
\7\ Id., at 19.
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On June 19, 2018, the Court sustained the AR5 Remand
Redetermination with respect to the correction of the transcription
error in Stanley's FOP database.\8\ In addition, the Court vacated the
remand order with respect to the issue of the calculation of the
surrogate financial ratios, and reinstated this aspect of Commerce's
Final Results.\9\ In light of the Court's Final Judgment, the dumping
margin for Xi'an Metals is unchanged from its dumping margin assigned
in the Final Results. Additionally, because the Court reinstated the
Final Results with respect to the calculation of the surrogate
financial ratios, for these amended final results, we recalculated
Stanley's dumping margin to reflect only the correction of the
transcription error in Stanley's FOP database.\10\
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\8\ See Xi'an Metals & Minerals Import & Export Co., Ltd. v.
United States, Consol. Court No. 15-00109, Slip Op. 18-70 (CIT June
19, 2018) (Final Judgment) at 3.
\9\ Id., at 2-3.
\10\ See ``Amended Final Results for the Fifth Administrative
Review of Certain Steel Nails from the People's Republic of China:
Analysis Memorandum for Stanley,'' dated concurrently with this
notice.
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[[Page 32632]]
Timken Notice
In its decision in Timken, 893 F.2d at 341,\11\ as clarified by
Diamond Sawblades,\12\ the Court of Appeals for the Federal Circuit
(CAFC) held that, pursuant to section 516A(e) of the Tariff Act of
1930, as amended (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 Court's June 19, 2018, Final Judgment constitutes a final
decision of the Court that is not in harmony with Commerce's Final
Results. This notice is published in fulfillment of the publication
requirement of Timken.
---------------------------------------------------------------------------
\11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\12\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court decision, Commerce is amending
the Final Results with respect to Stanley. The revised weighted-average
dumping margin for Stanley for the period August 1, 2012, through July
31, 2013, is as follows:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
------------------------------------------------------------------------
Stanley................................................ 10.16
------------------------------------------------------------------------
Commerce will continue the suspension of liquidation of the subject
merchandise pending the expiration of the period of appeal or, if
appealed, pending a final and conclusive court decision. In the event
the Court's ruling is not appealed or, if appealed, upheld by the CAFC,
Commerce will instruct U.S. Customs and Border Protection to assess
antidumping duties on unliquidated entries of subject merchandise
exported by Xi'an Metals and Stanley using the appropriate assessment
rates.
Cash Deposit Requirements
As stated in the AR5 Remand Redetermination, the cash deposit rate
for Stanley has been superseded by cash deposit rates calculated in
intervening administrative reviews of the antidumping duty order on
certain steel nails from China.\13\ Thus, we will not alter Stanley's
cash deposit rate.
---------------------------------------------------------------------------
\13\ See Certain Steel Nails from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2013-2014, 81 FR 14092 (March 16, 2016); Certain Steel Nails from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review, Final Determination of No Shipments and Final
Partial Rescission; 2014-2015, 82 FR 14344 (March 20, 2017); and
Certain Steel Nails from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2015-2016, 83 FR 11683 (March 16,
2018).
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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: July 6, 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. 2018-15011 Filed 7-12-18; 8:45 am]
BILLING CODE 3510-DS-P
