Certain Steel Nails From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Administrative Review; 2016-2017, 39675-39677 [2018-17163]
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
all appropriate entries covered by this
review.15 If the preliminary results are
unchanged for the final results, we will
instruct CBP to apply an ad valorem
assessment rate of 82.05 percent to all
entries of subject merchandise during
the POR which were exported by the
non-selected respondents eligible for a
separate rate. If Commerce determines
that an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the China-wide rate.16 Commerce
intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of the final results of
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For subject
merchandise exported by the companies
listed above that have separate rates, the
cash deposit rate will be that established
in the final results of review (except, if
the rate is zero or de minimis, then zero
cash deposit will be required); (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the Chinawide entity; and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
daltland on DSKBBV9HB2PROD with NOTICES
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
15 See
19 CFR 351.212(b)(1).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65695 (October 24, 2011).
16 See
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Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: August 6, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Discussion of the Methodology
A. Non-Market Economy Country Status
B. Separate Rates
VI. Recommendation
[FR Doc. 2018–17065 Filed 8–9–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–854]
Certain Steel Nails From Taiwan:
Preliminary Results of Antidumping
Duty Administrative Review and Partial
Rescission of Administrative Review;
2016–2017
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Bonuts Logistics Co., LLC made
U.S. sales of subject merchandise below
normal value. Commerce preliminarily
determines that Unicatch Industrial Co.
Ltd., PT Enterprise, Inc. and its
affiliated producer Pro-Team Coil Nail
Enterprise, Inc. did not make U.S. sales
of subject merchandise below normal
value. We are rescinding the review
with respect to 92 companies for which
the request for review was timely
withdrawn. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable August 10, 2018.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke or Chelsey Simonovich,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
AGENCY:
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
39675
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington
DC 20230; telephone: (202) 482–4947 or
(202) 482–1979, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on certain steel
nails from Taiwan. The period of review
(POR) is July 1, 2016, to June 30, 2017.
This review covers Bonuts Logistics Co.,
LLC (Bonuts); PT Enterprise, Inc. (PT
Enterprise) and its affiliated producer
Pro-Team Coil Nail Enterprise, Inc. (ProTeam) (collectively, PT); and Unicatch
Industrial Co. Ltd. (Unicatch).
Commerce published the notice of
initiation of this administrative review 1
on September 13, 2017.2 The
preliminary results are listed below in
the section titled ‘‘Preliminary Results
of Review.’’
On January 23, 2018, Commerce
exercised its discretion to toll all
deadlines for the duration of the closure
of the Federal Government from January
20, 2018, through January 22, 2018.3 On
March 22, 2018, we extended the
deadline for the preliminary results to
July 16, 2018.4 On July 12, 2018, we
extended the deadline for the
preliminary results to August 3, 2018.5
For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.6
1 PT Enterprise, Unicatch, and Mid Continent
Steel & Wire, Inc. (Mid Continent), a domestic
producer and interested party, requested the instant
administrative review. See PT July 31, 2017 Request
for Administrative Review; Unicatch July 31, 2017
Request for Administrative Review; Mid Continent
July 31, 2017 Request for Administrative Reviews.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
42974 (September 13, 2017) (Initiation Notice).
3 See Memorandum, ‘‘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.
4 See Memorandum, ‘‘Certain Steel Nails from
Taiwan: Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative
Review,’’ dated March 22, 2018 (First Prelim
Extension).
5 See Memorandum, ‘‘Certain Steel Nails from
Taiwan: Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative
Review,’’ dated July 12, 2018 (Second Prelim
Extension).
6 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Certain Steel Nails from
Taiwan; 2016–2017,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
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39676
Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
Scope of the Order 7
The merchandise covered by this
order is certain steel nails. The certain
steel nails subject to the order are
currently classifiable under 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.
Certain steel nails subject to these
orders also may be classified under
HTSUS subheadings 7907.00.60.00,
8206.00.00.00 or other HTSUS
subheadings.
The full description of the scope of
the order is contained in the
memorandum, ‘‘Decision Memorandum
for Preliminary Results of Antidumping
Duty Administrative Review: Certain
Steel Nails from Taiwan; 2016–2017’’
(Preliminary Decision Memorandum),
which is hereby adopted by this notice.
The written description of the scope of
the order is dispositive.
Methodology
For PT and Unicatch, Commerce has
conducted this review in accordance
with section 751(a)(1) of the Tariff Act
of 1930, as amended (the Act). Normal
value (NV) is calculated in accordance
with section 773 of the Act. Export price
or constructed export price is calculated
in accordance with section 772 of 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 is
available to all parties in the Central
Records Unit, Room B–8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
7 See Certain Steel Nails from the Republic of
Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 80 FR 39994 (July 13,
2015) (Order).
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19:03 Aug 09, 2018
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Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as the Appendix to this notice.
full description of the methodology and
rationale underlying our conclusions,
see the Preliminary Decision
Memorandum.
Application of Facts Available and
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
Bonuts because this respondent did not
respond to Commerce’s antidumping
duty questionnaire, and thus failed to
cooperate to the best of its ability in
responding to Commerce’s requests for
information. For a complete explanation
of the methodology and rationale
underlying our preliminary application
of AFA, see the Preliminary Decision
Memorandum.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margins exist:
Partial Rescission of Review
Commerce received timely requests to
conduct an administrative review of
certain exporters covering the POR. On
December 8, 2017, Mid Continent Steel
& Wire, Inc. (Mid Continent), a domestic
producer and interested party, timely
withdrew its review requests for certain
companies. Pursuant to 19 CFR
351.213(d)(1), Commerce will rescind
an administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the date of publication of the
notice of initiation of the requested
review. Accordingly, we are rescinding
this administrative review with respect
to the companies for which all review
requests have been withdrawn.8 For a
8 Those companies are: Air Sea Transport, Inc.;
All Precision Co., Ltd.; Apex Maritime Co., Inc.;
Aplus Pneumatic Corp.; Astrotech Steels Private
Ltd.; Basso Industry Corporation; Bollore Logistics
(Vietnam) Co. Ltd.; C.H. Robinson Freight Services;
Challenge Industrial Co., Ltd.; Cheng Ch
International Co. Ltd.; Chia Pao Metal Co. Ltd.;
China International Freight Co. Ltd.; Chite
Enterprises Co., Ltd.; Crown Run Industrial Corp.;
Daejin Steel Company Ltd.; E&E Transport
International Co., Ltd.; Easylink Industrial Co., Ltd.;
ECI Taiwan Co., Ltd.; Everise Global Logistics Co.,
Ltd.; Faithful Engineering Products Co. Ltd.;
Fastenal Asia Pacific Ltd.; Four Winds Corporation;
Fuzhou Important Countries Import & Export;
Fuzhou Royal Floor Co., Ltd.; Fuzhou Top Golden
Import & Export Co.; General Merchandise
Consolidators; Ginfa World Co. Ltd.; Gloex
Company; H&W International Forwarders Co., Ltd.;
Hanbit Logistics Co., Ltd.; Hecny Shipping Limited;
Hi-Sharp Industrial Corp. Ltd.; Home Value Co.,
Ltd.; Honour Lane Logistics Co., Ltd.; Hor Liang
Industrial Corp.; Hyup Sung Indonesia; Inmax
Industries Sdn. Bhd.; Jade Shuttle Enterprise Co.,
Ltd.; Jia Jue Industry Co. Ltd.; Jinhai Hardware Co.,
Ltd.; Jinsco International Corp.; Joo Sung Sea & Air
Co., Ltd.; K Win Fasteners Inc.; King Freight
International Corporation; Korea Wire Co., Ltd.;
Liang Chyuan Industrial Co., Ltd.; Locksure Inc.; Lu
Kang Hand Tools Industrial Co., Ltd.; ML Global
Ltd.; Master United Corp.; Nailermate Enterprise
Corporation; Newrex Screw Corporation; NMC
Logistics International Company; Noble Shipping
PO 00000
Frm 00020
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Sfmt 4703
Producer/exporter
Bonuts Logistics Co., LLC ........
PT Enterprise, Inc./Pro-Team
Coil Nail Enterprise, Inc ........
Unicatch Industrial Co. Ltd .......
Dumping
margin
(percent)
78.13
0.00
0.00
Disclosure and Public Comment
Commerce intends to disclose to
interested parties the calculations
performed in connection with these
preliminary results within five days of
the date of publication of this notice.9
Interested parties may submit cases
briefs no later than 30 days after the
date of publication of this notice.10
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the due date for
filing case briefs.11 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.12 Case and rebuttal briefs
should be filed using ACCESS.13 In
order to be properly filed, ACCESS must
successfully receive an electronically
filed document in its entirety by 5 p.m.
Eastern Time.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
Pvt. Ltd.; NS International Ltd.; OOCL Logistics
Ltd.; Orient Express Container Co., Ltd.; Oriental
Power Logistics Co., Ltd.; Oriental Vanguard
Logistics Co. Ltd.; Pacific Concord International
Ltd.; Pacific Star Express Corp.; Panda Logistics Co.,
Ltd.; Panther T&H Industry Co.; Patek Tool Co.,
Ltd.; Point Edge Corp.; President Industrial Inc.;
Romp Coil Nail Industries Inc.; Scanwell, Schenker,
Seamaster Logistics Sdn Bhd; Star World Product
and Trading Co., Ltd.; Sun VN Transport Co.; T.H.I.
Logistics Co. Ltd.; Taiwan Wakisangyo Co. Ltd.; The
Ultimate Freight Management; Topps Wang
International Ltd.; Trans Wagon International Co.
Ltd.; Trans-Top Enterprise Co., Ltd.; Transwell
Logistics Co., Ltd.; Transworld Transportation Co.,
Ltd.; Trim International Inc.; Tsi-Translink
(Taiwan) Co. Ltd.; UC Freight Forwarding Co. Ltd.;
U-Can-Do Hardware Corp.; Universal Power
Shipping Ltd.; UPS Supply Chain Solutions; VIM
International Enterprise Co., Ltd.; Wictory Co. Ltd.;
Yeh Fong Hsin; Yehdyi Enterprise Co., Ltd.; Yu Tai
World Co., Ltd.; and Yusen Logistics (Taiwan) Ltd.
9 See 19 CFR 351.224(b).
10 See 19 CFR 351.309(c)(1)(ii).
11 See 19 CFR 351.309(d).
12 See 19 CFR 351.309(c)(2) and (d)(2).
13 See 19 CFR 351.303.
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS, within 30 days after the date
of publication of this notice.14 Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case and
rebuttal briefs.
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries in accordance with 19 CFR
351.212(b)(1). We intend to issue
instructions to CBP 15 days after the
date of publication of the final results of
this review.
Where the respondent reported
reliable entered values, we calculated
importer- (or customer-) specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
entered value of the sales to each
importer (or customer).15 Where
Commerce calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, Commerce will direct CBP
to assess importer- (or customer-)
specific assessment rates based on the
resulting per-unit rates.16 Where an
importer- (or customer-) specific ad
valorem or per-unit rate is greater than
de minimis (i.e., 0.50 percent),
Commerce will instruct CBP to collect
the appropriate duties at the time of
liquidation.17 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.18
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
14 See
15 See
19 CFR 351.310(c).
19 CFR 351.212(b)(1).
17 Id.
19 CFR 351.106(c)(2).
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19:03 Aug 09, 2018
Jkt 244001
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Bonuts, PT,
and Unicatch will be equal to the
weighted-average dumping margin
established in the final results of this
review, except if the rate is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for other
manufacturers and exporters 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 in which that manufacturer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
less-than-fair-value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recently
completed segment of this proceeding
for the manufacturer of subject
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 2.24
percent, the all-others rate in the LTFV
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Frm 00021
Fmt 4703
Sfmt 4703
investigation.20 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notifications
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Cash Deposit Requirements
19 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
16 Id.
18 See
produced by Bonuts, PT, or Unicatch,
for which the producer 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.19
For the firms covered by this review,
we intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review. For the non-reviewed firms for
which we are rescinding this
administrative review, Commerce
intends to instruct CBP 15 days after
publication of these preliminary results
of review to assess antidumping duties
at rates equal to the rates of cash
deposits for estimated antidumping
duties required at the time of entry, or
withdrawn from warehouse, for
consumption, during the period May 20,
2016, through June 30, 2017, in
accordance with 19 CFR 351.212(c)(2).
39677
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Administrative
Review
5. Duty Absorption
6. Use of Facts Available With an Adverse
Inference
7. Comparisons to Normal Value
8. Date of Sale
9. Export Price and Constructed Export
Price
10. Normal Value
11. Currency Conversion
12. Verification
13. Recommendation
[FR Doc. 2018–17163 Filed 8–9–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–825]
Polyethylene Terephthalate Film,
Sheet, and Strip From India:
Preliminary Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2016
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
AGENCY:
20 See Certain Steel Nails from Taiwan: Final
Determination of Sales at Less Than Fair Value, 80
FR 28959 (May 20, 2015).
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]]>Agencies
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39675-39677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17163]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-854]
Certain Steel Nails From Taiwan: Preliminary Results of
Antidumping Duty Administrative Review and Partial Rescission of
Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Bonuts Logistics Co., LLC made U.S. sales of subject merchandise
below normal value. Commerce preliminarily determines that Unicatch
Industrial Co. Ltd., PT Enterprise, Inc. and its affiliated producer
Pro-Team Coil Nail Enterprise, Inc. did not make U.S. sales of subject
merchandise below normal value. We are rescinding the review with
respect to 92 companies for which the request for review was timely
withdrawn. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 10, 2018.
FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Chelsey Simonovich,
AD/CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington DC 20230; telephone: (202) 482-4947 or (202) 482-
1979, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on certain steel nails from Taiwan. The period of review
(POR) is July 1, 2016, to June 30, 2017. This review covers Bonuts
Logistics Co., LLC (Bonuts); PT Enterprise, Inc. (PT Enterprise) and
its affiliated producer Pro-Team Coil Nail Enterprise, Inc. (Pro-Team)
(collectively, PT); and Unicatch Industrial Co. Ltd. (Unicatch).
Commerce published the notice of initiation of this administrative
review \1\ on September 13, 2017.\2\ The preliminary results are listed
below in the section titled ``Preliminary Results of Review.''
---------------------------------------------------------------------------
\1\ PT Enterprise, Unicatch, and Mid Continent Steel & Wire,
Inc. (Mid Continent), a domestic producer and interested party,
requested the instant administrative review. See PT July 31, 2017
Request for Administrative Review; Unicatch July 31, 2017 Request
for Administrative Review; Mid Continent July 31, 2017 Request for
Administrative Reviews.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation
Notice).
---------------------------------------------------------------------------
On January 23, 2018, Commerce exercised its discretion to toll all
deadlines for the duration of the closure of the Federal Government
from January 20, 2018, through January 22, 2018.\3\ On March 22, 2018,
we extended the deadline for the preliminary results to July 16,
2018.\4\ On July 12, 2018, we extended the deadline for the preliminary
results to August 3, 2018.\5\
---------------------------------------------------------------------------
\3\ See Memorandum, ``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.
\4\ See Memorandum, ``Certain Steel Nails from Taiwan: Extension
of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review,'' dated March 22, 2018 (First Prelim
Extension).
\5\ See Memorandum, ``Certain Steel Nails from Taiwan: Extension
of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review,'' dated July 12, 2018 (Second Prelim
Extension).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Certain Steel
Nails from Taiwan; 2016-2017,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
[[Page 39676]]
Scope of the Order \7\
---------------------------------------------------------------------------
\7\ See Certain Steel Nails from the Republic of Korea,
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015)
(Order).
---------------------------------------------------------------------------
The merchandise covered by this order is certain steel nails. The
certain steel nails subject to the order are currently classifiable
under 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. Certain
steel nails subject to these orders also may be classified under HTSUS
subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings.
The full description of the scope of the order is contained in the
memorandum, ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Certain Steel Nails from
Taiwan; 2016-2017'' (Preliminary Decision Memorandum), which is hereby
adopted by this notice. The written description of the scope of the
order is dispositive.
Methodology
For PT and Unicatch, Commerce has conducted this review in
accordance with section 751(a)(1) of the Tariff Act of 1930, as amended
(the Act). Normal value (NV) is calculated in accordance with section
773 of the Act. Export price or constructed export price is calculated
in accordance with section 772 of 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 is available to all
parties in the Central Records Unit, Room B-8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed 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.
Application of Facts Available and 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 Bonuts because this respondent did not respond to
Commerce's antidumping duty questionnaire, and thus failed to cooperate
to the best of its ability in responding to Commerce's requests for
information. For a complete explanation of the methodology and
rationale underlying our preliminary application of AFA, see the
Preliminary Decision Memorandum.
Partial Rescission of Review
Commerce received timely requests to conduct an administrative
review of certain exporters covering the POR. On December 8, 2017, Mid
Continent Steel & Wire, Inc. (Mid Continent), a domestic producer and
interested party, timely withdrew its review requests for certain
companies. Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
the review withdraws its request within 90 days of the date of
publication of the notice of initiation of the requested review.
Accordingly, we are rescinding this administrative review with respect
to the companies for which all review requests have been withdrawn.\8\
For a full description of the methodology and rationale underlying our
conclusions, see the Preliminary Decision Memorandum.
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\8\ Those companies are: Air Sea Transport, Inc.; All Precision
Co., Ltd.; Apex Maritime Co., Inc.; Aplus Pneumatic Corp.; Astrotech
Steels Private Ltd.; Basso Industry Corporation; Bollore Logistics
(Vietnam) Co. Ltd.; C.H. Robinson Freight Services; Challenge
Industrial Co., Ltd.; Cheng Ch International Co. Ltd.; Chia Pao
Metal Co. Ltd.; China International Freight Co. Ltd.; Chite
Enterprises Co., Ltd.; Crown Run Industrial Corp.; Daejin Steel
Company Ltd.; E&E Transport International Co., Ltd.; Easylink
Industrial Co., Ltd.; ECI Taiwan Co., Ltd.; Everise Global Logistics
Co., Ltd.; Faithful Engineering Products Co. Ltd.; Fastenal Asia
Pacific Ltd.; Four Winds Corporation; Fuzhou Important Countries
Import & Export; Fuzhou Royal Floor Co., Ltd.; Fuzhou Top Golden
Import & Export Co.; General Merchandise Consolidators; Ginfa World
Co. Ltd.; Gloex Company; H&W International Forwarders Co., Ltd.;
Hanbit Logistics Co., Ltd.; Hecny Shipping Limited; Hi-Sharp
Industrial Corp. Ltd.; Home Value Co., Ltd.; Honour Lane Logistics
Co., Ltd.; Hor Liang Industrial Corp.; Hyup Sung Indonesia; Inmax
Industries Sdn. Bhd.; Jade Shuttle Enterprise Co., Ltd.; Jia Jue
Industry Co. Ltd.; Jinhai Hardware Co., Ltd.; Jinsco International
Corp.; Joo Sung Sea & Air Co., Ltd.; K Win Fasteners Inc.; King
Freight International Corporation; Korea Wire Co., Ltd.; Liang
Chyuan Industrial Co., Ltd.; Locksure Inc.; Lu Kang Hand Tools
Industrial Co., Ltd.; ML Global Ltd.; Master United Corp.;
Nailermate Enterprise Corporation; Newrex Screw Corporation; NMC
Logistics International Company; Noble Shipping Pvt. Ltd.; NS
International Ltd.; OOCL Logistics Ltd.; Orient Express Container
Co., Ltd.; Oriental Power Logistics Co., Ltd.; Oriental Vanguard
Logistics Co. Ltd.; Pacific Concord International Ltd.; Pacific Star
Express Corp.; Panda Logistics Co., Ltd.; Panther T&H Industry Co.;
Patek Tool Co., Ltd.; Point Edge Corp.; President Industrial Inc.;
Romp Coil Nail Industries Inc.; Scanwell, Schenker, Seamaster
Logistics Sdn Bhd; Star World Product and Trading Co., Ltd.; Sun VN
Transport Co.; T.H.I. Logistics Co. Ltd.; Taiwan Wakisangyo Co.
Ltd.; The Ultimate Freight Management; Topps Wang International
Ltd.; Trans Wagon International Co. Ltd.; Trans-Top Enterprise Co.,
Ltd.; Transwell Logistics Co., Ltd.; Transworld Transportation Co.,
Ltd.; Trim International Inc.; Tsi-Translink (Taiwan) Co. Ltd.; UC
Freight Forwarding Co. Ltd.; U-Can-Do Hardware Corp.; Universal
Power Shipping Ltd.; UPS Supply Chain Solutions; VIM International
Enterprise Co., Ltd.; Wictory Co. Ltd.; Yeh Fong Hsin; Yehdyi
Enterprise Co., Ltd.; Yu Tai World Co., Ltd.; and Yusen Logistics
(Taiwan) Ltd.
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Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist:
------------------------------------------------------------------------
Dumping
Producer/exporter margin
(percent)
------------------------------------------------------------------------
Bonuts Logistics Co., LLC.................................. 78.13
PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc..... 0.00
Unicatch Industrial Co. Ltd................................ 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose to interested parties the calculations
performed in connection with these preliminary results within five days
of the date of publication of this notice.\9\ Interested parties may
submit cases briefs no later than 30 days after the date of publication
of this notice.\10\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the due date
for filing case briefs.\11\ Parties who submit case briefs or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\12\ Case and rebuttal briefs should be
filed using ACCESS.\13\ In order to be properly filed, ACCESS must
successfully receive an electronically filed document in its entirety
by 5 p.m. Eastern Time.
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a
[[Page 39677]]
hearing must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via ACCESS, within 30
days after the date of publication of this notice.\14\ Requests should
contain: (1) The party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs.
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\14\ See 19 CFR 351.310(c).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue
instructions to CBP 15 days after the date of publication of the final
results of this review.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\15\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer- (or customer-) specific assessment rates based on
the resulting per-unit rates.\16\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation.\17\ Where an importer- (or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\18\
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\15\ See 19 CFR 351.212(b)(1).
\16\ Id.
\17\ Id.
\18\ See 19 CFR 351.106(c)(2).
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Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Bonuts, PT, or Unicatch,
for which the producer 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.\19\
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\19\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the firms covered by this review, we intend to issue
liquidation instructions to CBP 15 days after publication of the final
results of this review. For the non-reviewed firms for which we are
rescinding this administrative review, Commerce intends to instruct CBP
15 days after publication of these preliminary results of review to
assess antidumping duties at rates equal to the rates of cash deposits
for estimated antidumping duties required at the time of entry, or
withdrawn from warehouse, for consumption, during the period May 20,
2016, through June 30, 2017, in accordance with 19 CFR 351.212(c)(2).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Bonuts, PT, and
Unicatch will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), in which
case the cash deposit rate will be zero; (2) for other manufacturers
and exporters 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 in which
that manufacturer or exporter participated; (3) if the exporter is not
a firm covered in this review, a prior review, or the original less-
than-fair-value (LTFV) investigation, but the manufacturer is, then the
cash deposit rate will be the rate established for the most recently
completed segment of this proceeding for the manufacturer of subject
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 2.24 percent, the all-others rate in
the LTFV investigation.\20\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\20\ See Certain Steel Nails from Taiwan: Final Determination of
Sales at Less Than Fair Value, 80 FR 28959 (May 20, 2015).
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Notifications
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Administrative Review
5. Duty Absorption
6. Use of Facts Available With an Adverse Inference
7. Comparisons to Normal Value
8. Date of Sale
9. Export Price and Constructed Export Price
10. Normal Value
11. Currency Conversion
12. Verification
13. Recommendation
[FR Doc. 2018-17163 Filed 8-9-18; 8:45 am]
BILLING CODE 3510-DS-P
