Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review and Partial Rescission of Administrative Review; 2016-2017, 11506-11508 [2019-05427]
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11506
Federal Register / Vol. 84, No. 59 / Wednesday, March 27, 2019 / Notices
Assessment Rates
In accordance with 19 CFR
351.212(b)(2), Commerce intends to
issue appropriate assessment
instructions to U.S. Customs and Border
Protection (CBP) 15 days after
publication of these final results of
review, to liquidate shipments of subject
merchandise produced by and/or
exported by Borusan, entered, or
withdrawn from warehouse, for
consumption on or after January 1,
2016, through December 31, 2016, at the
ad valorem rate listed above.
Comment 1: Using Production Data
Provided by the Government of Turkey
(GOT) in Analysis of Market Distortion
Comment 2: The Appropriate Methodology
to Calculate a ‘Tier 2’ Benchmark
Comment 3: Whether to Place the
Verification Report from the Large
Diameter Welded Pipe from Turkey
Investigation on this Case Record
VII. Recommendation
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, we intend to instruct CBP to
collect cash deposits of estimated
countervailing duties in the amount
shown above for Borusan, on shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
International Trade Administration
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the 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 are issuing and publishing these
final results of review in accordance
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.221(b)(5).
Dated: March 22, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Scope of the Order
III. Subsidies Valuation Information
IV. Benchmark Interest Rates
V. Analysis of Programs
VI. Analysis of Comments
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[FR Doc. 2019–05867 Filed 3–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[A–583–854]
Certain Steel Nails From Taiwan: Final
Results of Antidumping Duty
Administrative Review and Partial
Rescission of Administrative Review;
2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that producers
and/or exporters subject to this
administrative review made sales of
subject merchandise at less than normal
value. Interested parties are invited to
comment on these results of review.
DATES: Applicable March 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke or Chelsey Simonovich,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4947or
(202) 482–1979, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 10, 2018, Commerce
published the Preliminary Results of
this administrative review.1 For the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.2 Commerce
exercised its discretion to toll all
deadlines affected by the partial federal
government closure from December 22,
1 See Certain Steel Nails from Taiwan:
Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission of
Administrative Review; 2016–2017, 83 FR 39675
(August 10, 2018) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2016–
2017 Administrative Review of the Antidumping
Duty Order on Certain Steel Nails from Taiwan’’
(Issues and Decision Memorandum), dated
concurrently with this notice and incorporated
herein by reference.
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Sfmt 4703
2018, through the resumption of
operations on January 29, 2019.3 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 Taiwan nails decision is now
March 15, 2019. Commerce conducted
this review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). This review covers
the following producers/exporters of
subject merchandise: Bonuts Hardware
Logistic Co., Ltd. (Bonuts); PT
Enterprise, Inc./Pro-Team Coil Nail
Enterprise, Inc. (PT/Pro-Team); and
Unicatch Industrial Co. Ltd. (Unicatch).
Scope of the 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.
While the HTSUS subheadings are
provided for convenience and customs
purpose, the written description is
dispositive.4
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues which parties raised, and to
which we responded in the Issues and
Decision Memorandum, can be found at
the Appendix to this notice. 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
3 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
4 A full description of the scope of the order is
contained in the Issues and Decision Memorandum.
E:\FR\FM\27MRN1.SGM
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Federal Register / Vol. 84, No. 59 / Wednesday, March 27, 2019 / Notices
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 on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made certain
changes to the Preliminary Results.
Specifically, we made adjustments to
the constructed value calculation and
the antidumping margin programs for
PT/Pro-Team and Unicatch for these
final results. For a full discussion of
these changes, see the Issues and
Decision Memorandum.
Application of Facts Available and
Adverse Facts Available
We continue to find that Bonuts failed
to cooperate to the best of its ability in
responding to Commerce’s requests for
information. Thus, we find that the
application of adverse facts available,
pursuant to section 776(a)–(b) of the
Act, is warranted with respect to
Bonuts. For a full description of the
methodology and rationale underlying
our conclusions, see Issues and Decision
Memorandum.
Duty Absorption
In the Preliminary Results, Commerce
made a preliminary determination to
not examine duty absorption for PT/ProTeam’s and Unicatch’s export price (EP)
sales, and preliminarily found that
Unicatch absorbed antidumping duties
for its constructed export price (CEP)
sales during the instant POR.5 For these
final results, no party filed comments on
this issue and, therefore, we have made
no changes to our Preliminary Results
with respect to duty absorption.6
Final Results of Review
As a result of this review, Commerce
determines that the following margins
exist for the period of review (POR) of
July 1, 2016 through June 30, 2017:
Margin
(percent)
Producer/exporter
Bonuts Hardware Logistic Co., Ltd .......
PT Enterprise, Inc./Pro-Team Coil Nail
Enterprise, Inc ...................................
Unicatch Industrial Co. Ltd ....................
5 See
Preliminary Results and accompanying
Preliminary Decision Memorandum at 5–7.
6 Id.
VerDate Sep<11>2014
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Jkt 247001
78.13
0.00
6.16
Disclosure
We intend to disclose the calculations
performed for these final results of
review within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
Duty Assessment
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. Commerce
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of this
administrative review in the Federal
Register. We will instruct CBP to apply
an ad valorem assessment rate of 78.13
percent, 0.00 percent, and 6.16 percent,
respectively, to all entries of subject
merchandise during the POR which
were produced and/or exported by the
companies stated above.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by Bonuts, PT/Pro-Team, 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.7
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of 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
for by section 751(a)(2)(C) of the Act: (1)
The cash deposit rates for the
companies listed in these final results
will be equal to the rates established in
the final results of this review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior segment of this
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment in which the
company was reviewed; (3) if the
exporter is not a firm covered in this
review or the original less-than-fairvalue (LTFV) investigation, but the
producer is, the cash deposit rate will be
7 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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11507
the rate established for the most recently
completed segment of this proceeding
for the producer of the subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 2.16 percent,8 the
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final 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. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
Regarding Administrative Protective
Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: March 18, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Duty Absorption
VI. Discussion of the Issues
A. General Issues
8 See Certain Steel Nails from Taiwan: Notice of
Court Decision Not in Harmony with Final
Determination in Less Than Fair Value
Investigation and Notice of Amended Final
Determination, 82 FR 55090, 55091 (November 20,
2017).
E:\FR\FM\27MRN1.SGM
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11508
Federal Register / Vol. 84, No. 59 / Wednesday, March 27, 2019 / Notices
Comment 1: Constructed Value (CV)
Profit—Financial Statements
Comment 2: CV Profit—Calculation
Adjustments
B. PT/Pro-Team Issues
Comment 3: Transactions Disregarded
Adjustment for Pro-Team’s Factory
Overhead
Comment 4: Tollers
B. Unicatch Issues
Comment 5: Inclusion of Verification
Corrections
Comment 6: Scrap Offset
Comment 7: Cost of Production
Comment 8: Imputed Interest
Comment 9: Freight Revenue
Comment 10: Commissions
Comment 11: TC’s U.S. Commissions
Comment 12: U.S. Warehousing Expenses
Comment 13: Programming Errors
VII. Recommendation
[FR Doc. 2019–05427 Filed 3–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG737
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Confined Rock
Blasting Near Ketchikan, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
NMFS has received a request
from City of Ketchikan for authorization
to take marine mammals incidental to
underwater confined rock blasting in
Ketchikan, Alaska. Pursuant to the
Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue an incidental
harassment authorization (IHA) to
incidentally take marine mammals
during the specified activities. NMFS is
also requesting comments on a possible
one-year renewal that could be issued
under certain circumstances and if all
requirements are met, as described in
Request for Public Comments at the end
of this notice. NMFS will consider
public comments prior to making any
final decision on the issuance of the
requested MMPA authorizations and
agency responses will be summarized in
the final notice of our decision.
DATES: Comments and information must
be received no later than April 26, 2019.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Physical
SUMMARY:
VerDate Sep<11>2014
21:13 Mar 26, 2019
Jkt 247001
comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910
and electronic comments should be sent
to ITP.redding@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT: Gray
Redding, Office of Protected Resources,
NMFS, (301) 427–8401. Electronic
copies of the application and supporting
documents, as well as a list of the
references cited in this document, may
be obtained online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
incidental take authorization may be
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
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the permissible methods of taking and
other ‘‘means of effecting the least
practicable [adverse] impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
The definitions of all applicable
MMPA statutory terms cited above are
included in the relevant sections below.
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
incidental harassment authorization)
with respect to potential impacts on the
human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
harassment authorizations with no
anticipated serious injury or mortality)
of the Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS has
preliminarily determined that the
issuance of the proposed IHA qualifies
to be categorically excluded from
further NEPA review.
We will review all comments
submitted in response to this notice
prior to concluding our NEPA process
or making a final decision on the IHA
request.
Summary of Request
On December 10, 2018, NMFS
received a request from the City of
Ketchikan for an IHA to take marine
mammals incidental to underwater
confined blasting and excavation in
southeastern Alaska. The application
was deemed adequate and complete on
February 7, 2019. City of Ketchikan’s
request is for take of a small number of
nine marine mammal species by Level
B harassment and three marine mammal
species by Level A harassment. Neither
the City of Ketchikan nor NMFS expects
serious injury or mortality to result from
this activity and, therefore, an IHA is
appropriate.
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]]>Agencies
[Federal Register Volume 84, Number 59 (Wednesday, March 27, 2019)]
[Notices]
[Pages 11506-11508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05427]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-854]
Certain Steel Nails From Taiwan: Final Results of Antidumping
Duty Administrative Review and Partial Rescission of Administrative
Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review made
sales of subject merchandise at less than normal value. Interested
parties are invited to comment on these results of review.
DATES: Applicable March 27, 2019.
FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Chelsey Simonovich,
AD/CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4947or (202) 482-1979,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2018, Commerce published the Preliminary Results of
this administrative review.\1\ For the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\2\
Commerce exercised its discretion to toll all deadlines affected by the
partial federal government closure from December 22, 2018, through the
resumption of operations on January 29, 2019.\3\ 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 Taiwan nails decision is now March 15, 2019. Commerce conducted
this review in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act). This review covers the following producers/
exporters of subject merchandise: Bonuts Hardware Logistic Co., Ltd.
(Bonuts); PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc. (PT/
Pro-Team); and Unicatch Industrial Co. Ltd. (Unicatch).
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from Taiwan: Preliminary Results of
Antidumping Duty Administrative Review and Partial Rescission of
Administrative Review; 2016-2017, 83 FR 39675 (August 10, 2018)
(Preliminary Results) and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2016-2017 Administrative Review of the
Antidumping Duty Order on Certain Steel Nails from Taiwan'' (Issues
and Decision Memorandum), dated concurrently with this notice and
incorporated herein by reference.
\3\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
Scope of the 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.
While the HTSUS subheadings are provided for convenience and
customs purpose, the written description is dispositive.\4\
---------------------------------------------------------------------------
\4\ A full description of the scope of the order is contained in
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues which
parties raised, and to which we responded in the Issues and Decision
Memorandum, can be found at the Appendix to this notice. 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
[[Page 11507]]
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 on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the Preliminary Results. Specifically, we made adjustments
to the constructed value calculation and the antidumping margin
programs for PT/Pro-Team and Unicatch for these final results. For a
full discussion of these changes, see the Issues and Decision
Memorandum.
Application of Facts Available and Adverse Facts Available
We continue to find that Bonuts failed to cooperate to the best of
its ability in responding to Commerce's requests for information. Thus,
we find that the application of adverse facts available, pursuant to
section 776(a)-(b) of the Act, is warranted with respect to Bonuts. For
a full description of the methodology and rationale underlying our
conclusions, see Issues and Decision Memorandum.
Duty Absorption
In the Preliminary Results, Commerce made a preliminary
determination to not examine duty absorption for PT/Pro-Team's and
Unicatch's export price (EP) sales, and preliminarily found that
Unicatch absorbed antidumping duties for its constructed export price
(CEP) sales during the instant POR.\5\ For these final results, no
party filed comments on this issue and, therefore, we have made no
changes to our Preliminary Results with respect to duty absorption.\6\
---------------------------------------------------------------------------
\5\ See Preliminary Results and accompanying Preliminary
Decision Memorandum at 5-7.
\6\ Id.
---------------------------------------------------------------------------
Final Results of Review
As a result of this review, Commerce determines that the following
margins exist for the period of review (POR) of July 1, 2016 through
June 30, 2017:
------------------------------------------------------------------------
Margin
Producer/exporter (percent)
------------------------------------------------------------------------
Bonuts Hardware Logistic Co., Ltd........................... 78.13
PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc...... 0.00
Unicatch Industrial Co. Ltd................................. 6.16
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed for these final
results of review within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Duty Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. Commerce intends to
issue assessment instructions to CBP 15 days after the date of
publication of the final results of this administrative review in the
Federal Register. We will instruct CBP to apply an ad valorem
assessment rate of 78.13 percent, 0.00 percent, and 6.16 percent,
respectively, to all entries of subject merchandise during the POR
which were produced and/or exported by the companies stated above.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Bonuts, PT/Pro-Team, 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.\7\
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\7\ 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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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of 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 for by section 751(a)(2)(C)
of the Act: (1) The cash deposit rates for the companies listed in
these final results will be equal to the rates established in the final
results of this review; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a prior segment of
this proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment in
which the company was reviewed; (3) if the exporter is not a firm
covered in this review or the original less-than-fair-value (LTFV)
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 2.16 percent,\8\ the all-others rate established in the LTFV
investigation. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\8\ See Certain Steel Nails from Taiwan: Notice of Court
Decision Not in Harmony with Final Determination in Less Than Fair
Value Investigation and Notice of Amended Final Determination, 82 FR
55090, 55091 (November 20, 2017).
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Notification to Importers
This notice serves as a final 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. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties Regarding Administrative Protective
Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: March 18, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Duty Absorption
VI. Discussion of the Issues
A. General Issues
[[Page 11508]]
Comment 1: Constructed Value (CV) Profit--Financial Statements
Comment 2: CV Profit--Calculation Adjustments
B. PT/Pro-Team Issues
Comment 3: Transactions Disregarded Adjustment for Pro-Team's
Factory Overhead
Comment 4: Tollers
B. Unicatch Issues
Comment 5: Inclusion of Verification Corrections
Comment 6: Scrap Offset
Comment 7: Cost of Production
Comment 8: Imputed Interest
Comment 9: Freight Revenue
Comment 10: Commissions
Comment 11: TC's U.S. Commissions
Comment 12: U.S. Warehousing Expenses
Comment 13: Programming Errors
VII. Recommendation
[FR Doc. 2019-05427 Filed 3-26-19; 8:45 am]
BILLING CODE 3510-DS-P
