Certain Steel Nails From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2017-2018, 56424-56426 [2019-22992]
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Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Notices
is finished in third countries is covered
under the scope of the Orders based on
an analysis of the factors under 19 CFR
351.225(k)(1).2 Bell Supply Company,
LLC (Bell Supply) challenged the
Department’s final ruling before the CIT.
On July 9, 2015, the Court issued its
opinion on the Bell Supply Scope
Ruling remanding Commerce’s
determination back to the agency for
further analysis.3 Commerce issued a
redetermination on remand, under
protest, which continued to find that the
merchandise in question was within the
scope of the Orders.4 On April 27, 2016,
the CIT issued its opinion on the First
Remand Results, again remanding
Commerce’s determination for further
analysis.5 On August 11, 2016,
Commerce issued the Second Remand
Results, determining that green tubes
manufactured in China, and
subsequently finished in a third
country, are not covered by the scope of
the Orders.6 In Bell Supply III, the CIT
sustained Commerce’s Second Remand
Results.7 On January 19, 2017,
Commerce published a notice of a court
decision that is not ‘‘in harmony’’ with
a Commerce determination,8 in
fulfillment of the publication
requirements of Timken,9 as clarified by
Diamond Sawblades.10 Commerce’s
Timken Notice and Amended Final
Scope Ruling also amended the Bell
Supply Scope Ruling to find that the
2 See Certain Oil Country Tubular Goods from the
People’s Republic of China: Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 75 FR 3203 (January 20,
2010); see also Certain Oil Country Tubular Goods
from the People’s Republic of China: Amended
Final Determination of Sales at Less Than Fair
Value and Antidumping Duty Order, 75 FR 28551
(May 21, 2010) (collectively, Orders).
3 See Bell Supply Co. v. United States, Court No.
14–00066, Slip Op. 15–73 (CIT July 9, 2015) (Bell
Supply I).
4 See Final Results of Redetermination Pursuant
to Remand, Bell Supply Co. v. United States, Court
No. 14–00066, dated November 9, 2015 (First
Remand Results).
5 See Bell Supply Co. v. United States, Court No.
14–00066, Slip Op. 16–41 (CIT April 27, 2016) (Bell
Supply II).
6 See Final Results of Second Redetermination
Pursuant to Remand, Bell Supply Co. v. United
States, Court No. 14–00066, dated August 11, 2016
(Second Remand Results) at 14–19.
7 See Bell Supply Co. v. United States, Court No.
14–00066, Slip Op. 16–109 (CIT Nov. 23, 2016)
(Bell Supply III) at 16.
8 See Certain Oil Country Tubular Goods From
the People’s Republic of China: Notice of Court
Decision Not in Harmony With Final Scope Ruling
and Notice of Amended Final Scope Ruling
Pursuant to Court Decision, 82 FR 6490 (January 19,
2017) (Timken Notice and Amended Final Scope
Ruling).
9 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
10 Diamond Sawblades Mfrs. Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond
Sawblades).
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scope of the Orders does not cover the
products addressed in the Bell Supply
Scope Ruling.11
Domestic interested parties appealed
the CIT’s affirmance of the Second
Remand Results to the U.S. Court of
Appeals for the Federal Circuit (CAFC).
On April 25, 2018, the CAFC vacated
the CIT’s decision sustaining the Second
Remand Results, and remanded the case
to the CIT to determine whether
Commerce properly applied its
substantial transformation analysis in
the Bell Supply Scope Ruling.12 On
October 18, 2018, the CIT remanded
Commerce’s Bell Supply Scope Ruling,
finding that certain factors considered
in Commerce’s substantial
transformation analysis were not
supported by substantial evidence.13
Commerce issued the Third Remand
Results on March 28, 2019, in which
Commerce reconsidered the aspects of
its substantial transformation analysis
remanded by the Court and continued to
find that green tubes are not
substantially transformed by the
finishing process in third countries, and
therefore are covered by the scope of the
Orders.14 On July 22, 2019, the CIT
sustained Commerce’s Third Remand
Results.15
Amended Final Scope Ruling
There is now a final court decision
with respect to the Bell Supply Scope
Ruling. Previously, the Timken Notice
and Amended Final Scope Ruling
amended the Bell Supply Scope Ruling
to find that the scope did not cover the
merchandise at issue. Therefore,
Commerce is amending its scope ruling
and finds that the scope of the Orders
covers the products addressed in the
Bell Supply Scope Ruling. The period to
appeal the CIT’s ruling expired on
September 22, 2019. Because no parties
appealed the CIT’s ruling, Commerce
will instruct U.S. Customs and Border
Protection to continue to suspend
liquidation and to require a cash deposit
of estimated duties on the merchandise
subject to the scope ruling entered, or
withdrawn from warehouse, for
consumption on or after June 20, 2012,
11 See Timken Notice and Amended Final Scope
Ruling
12 See Bell Supply Co. v. United States, 888 F.3d
1222, 1231 (Fed. Cir. 2018).
13 See Bell Supply Co. v. United States, Court No.
14–00066, Slip Op. 18–141 (CIT Oct. 18, 2018) (Bell
Supply IV).
14 See Final Results of Redetermination Pursuant
to Remand, Bell Supply Co. v. United States, Court
No. 14–00066, dated March 28, 2019 (Third
Remand Results).
15 See Bell Supply Co. v. United States, Court No.
14–00066, Slip Op. 19–89 (CIT July 22, 2019) (Bell
Supply V).
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the date of initiation of the scope
inquiry.
Dated: October 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–23011 Filed 10–21–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–874]
Certain Steel Nails From the Republic
of Korea: Final Results of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Daejin
Steel Company (Daejin), Je-il Wire
Production Co., Ltd. (Je-il), Koram Inc.
(Koram), and Korea Wire Co. Ltd.
(Kowire) made sales of certain steel
nails (steel nails) from the Republic of
Korea (Korea) at less than normal value
during the period of review (POR), July
1, 2017 through June 30, 2018.
DATES: Applicable October 22, 2019.
FOR FURTHER INFORMATION CONTACT:
Ariela Garvett (Daejin), Lilit
Astvatsatrian (Je-il and Koram), or
Maliha Khan (Kowire), AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3609, (202) 482–6412, or
(202) 482–0895, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 18, 2019, Commerce
published the Preliminary Results of the
2017–2018 antidumping duty
administrative review of steel nails from
Korea.1 On July 18, 2019, Daejin and
Mid Continent Steel & Wire, Inc. (the
petitioner) submitted case briefs.2 On
1 See Certain Steel Nails from the Republic of
Korea: Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission of
Antidumping Duty Administrative Review; 2017–
2018, 84 FR 28278 (June 18, 2019) and
accompanying Preliminary Decision Memorandum
(Preliminary Results).
2 See Daejin’s Letter, ‘‘Administrative Review of
the Antidumping Order on Certain Steels Nails
from Korea—Redacted Case Brief,’’ dated
September 24, 2019; see also Petitioner’s Letter,
‘‘Certain Steel Nails from Korea: Case Brief on
Daejin Steel Company and Koram Inc.,’’ dated July
18, 2019.
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Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Notices
version of the Issues and Decision
Memorandum are identical in content.
July 26, 2019, Daejin, Koram, and the
petitioner submitted rebuttal briefs.3
Scope of the Order
The products covered by this order
are nails having a nominal shaft length
not exceeding 12 inches.4 Merchandise
covered by the order is currently
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 7317.00.55.02,
7317.00.55.03, 7317.00.55.05,
7317.00.55.07, 7317.00.55.08,
7317.00.55.11, 7317.00.55.18,
7317.00.55.19, 7317.00.55.20,
7317.00.55.30, 7317.00.55.40,
7317.00.55.50, 7317.00.55.60,
7317.00.55.70, 7317.00.55.80,
7317.00.55.90, 7317.00.65.30,
7317.00.65.60 and 7317.00.75.00. Nails
subject to this order also may be
classified under HTSUS subheadings
7907.00.60.00, 8206.00.00.00 or other
HTSUS subheadings. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive. For a complete
description of the scope of the order, see
the Issues and Decision Memorandum.5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the IDM, which is hereby adopted by
this notice. A list of the issues raised is
attached to this notice as an Appendix.
The IDM is a public document and is on
file electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit (CRU), Room
B8024 of the main Commerce building.
In addition, a complete version of the
IDM can be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
3 See Daejin’s Letter, ‘‘Administrative Review on
of the Antidumping Order on Certain Steel Nails
from Korea—Rebuttal Brief of Daejin Steel
Company,’’ dated July 26, 2019; see also Koram’s
Letter, ‘‘Certain Steel Nails from the Republic of
Korea: Rebuttal Brief,’’ dated July 26, 2019; and
Petitioner’s Letter, ‘‘Certain Steel Nails from Korea:
Rebuttal Brief on Daejin Steel Company,’’ dated July
26, 2019.
4 The shaft length of certain steel nails with flat
heads or parallel shoulders under the head shall be
measured from under the head or shoulder to the
tip of the point. The shaft length of all other certain
steel nails shall be measured overall.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for Final Results of the 2017–2018
Administrative Review of the Antidumping Duty
Order on Certain Steel Nails from the Republic of
Korea,’’ dated concurrently with this notice.
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56425
publication of the notice of final results
of administrative review for all
shipments of subject merchandise
Changes Since the Preliminary Results
entered, or withdrawn from warehouse,
Based on our review of the record and for consumption on or after the date of
comments received from interested
publication, as provided by section
parties, we made no revisions to the
751(a)(2) of the Act: (1) The cash deposit
preliminary margin calculations for the
rate for the respondents noted above
mandatory respondents.6
will be the rate established in the final
results of this administrative review; (2)
Final Results of the Administrative
for merchandise exported by
Review
manufacturers or exporters not covered
We have determined the following
in this administrative review but
weighted-average dumping margins to
covered in a prior segment of the
the firms listed below for the period July
proceeding, the cash deposit rate will
1, 2017 through June 30, 2018:
continue to be the company-specific rate
Weighted- published for the most recently
completed segment of this proceeding;
average
Exporter-producer
dumping
(3) if the exporter is not a firm covered
margin
in this review, a prior review, or the
(percent)
original investigation, but the producer
Daejin Steel Company ................
5.43 is, then the cash deposit rate will be the
Je-il Wire Production Co., Ltd ....
6.06 rate established for the most recently
Koram Inc ...................................
7.34 completed segment of this proceeding
Korea Wire Co., Ltd ....................
5.47 for the producer of the subject
merchandise; and (4) the cash deposit
Assessment Rates
rate for all other producers or exporters
Pursuant to section 751(a)(2)(A) of the will continue to be 11.80 percent, the
Tariff Act of 1930, as amended (the Act), all-others rate established in the
investigation.7 These cash deposit
and 19 CFR 351.212(b)(1), Commerce
requirements,
when imposed, shall
will determine, and U.S. Customs and
remain in effect until further notice.
Border Protections (CBP) shall assess,
antidumping duties on all appropriate
Notification to Importers
entries of subject merchandise in
This notice also serves as a final
accordance with the final results of this
reminder to importers of their
review. We will calculate importerspecific assessment rates on the basis of responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
the ratio of the total amount of
reimbursement of antidumping duties
antidumping duties calculated for each
prior to liquidation of the relevant
importer’s examined sales and the total
entered value of the sales in accordance entries during the POR. Failure to
comply with this requirement could
with 19 CFR 351.212(b)(1).
result in Commerce’s presumption that
For entries of subject merchandise
reimbursement of antidumping duties
during the POR produced by each
respondent for which it did not know its occurred and the subsequent assessment
of doubled antidumping duties.
merchandise was destined for the
United States, we will instruct CBP to
Notification to Interested Parties
liquidate unreviewed entries at the allThis notice also serves as a reminder
others rate if there is no rate for the
to
parties subject to administrative
intermediate company(ies) involved in
protective orders (APO) of their
the transaction. We intend to issue
responsibility concerning the return or
liquidation instructions to CBP 15 days
destruction of proprietary information
after publication of this notice.
disclosed under APO in accordance
Cash Deposit Requirements
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
The following cash deposit
destruction of APO materials, or
requirements will be effective upon
conversion to judicial protective order,
6 See Memorandum, ‘‘Certain Steel Nails from the
is hereby requested. Failure to comply
Republic of Korea: Final Results Analysis
with the regulations and the terms of an
Memorandum for Daejin Steel Company,’’ dated
APO is a sanctionable violation.
October 16, 2019; see also Memoranda, ‘‘Certain
We are issuing and publishing this
Steel Nails from the Republic of Korea: Final
notice in accordance with sections
Results Analysis Memorandum for Je-il Wire
Production Co., Ltd.,’’ dated October 16, 2019;
751(a)(1) and 777(i) of the Act and 19
‘‘Certain Steel Nails from the Republic of Korea:
CFR 351.221(b)(5).
Final Results Analysis Memorandum for Koram
Inc.,’’ dated October 16, 2019; and ‘‘Certain Steel
Nails from the Republic of Korea: Final Results
Analysis Memorandum for Korea Wire Co., Ltd.,’’
dated October 16, 2019.
PO 00000
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Fmt 4703
Sfmt 4703
7 See Certain Steel Nails from the Republic of
Korea: Final Determination of Sales at Less Than
Fair Value, 80 FR 28955 (May 20, 2015).
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56426
Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 / Notices
Dated: October 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary For Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
VI. Recommendation
[FR Doc. 2019–22992 Filed 10–21–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XW011
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Pacific Coast Groundfish
Fishery; Application for an Exempted
Fishing Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
NMFS announces the request
for renewal of a 2019 exempted fishing
permit application titled, ‘‘Year-round
Coastwide Midwater Rockfish EFP:
Monitoring and Minimizing Salmon
Bycatch When Targeting Rockfish in the
Shorebased IFQ Fishery’’ for the 2020
fishing year (herein referred to as the
‘‘Trawl Gear EFP’’). The application,
submitted by the West Coast Seafood
Processors Association, Environmental
Defense Fund, Oregon Trawl
Commission, and Midwater Trawlers
Cooperative, requests a permit to test
whether removing certain gear, time,
and area restrictions for vessels fishing
under the Trawl Rationalization
Program’s Shorebased Individual
Fishing Quota Program may impact the
nature and extent of bycatch of
prohibited species (e.g., Chinook
salmon). This exempted fishing permit
would allow participating groundfish
bottom and midwater trawl vessels more
flexibility than allowed in current
regulations to target pelagic rockfish
species, such as widow, chilipepper,
and yellowtail rockfish. Regulations
under the Magnuson-Stevens Fishery
Conservation and Management Act
SUMMARY:
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17:02 Oct 21, 2019
Jkt 250001
require publication of this notification
to provide interested parties the
opportunity to comment on applications
for proposed exempted fishing permits.
DATES: Comments must be received no
later than 5 p.m., local time on
November 6, 2019.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2019–0119, by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190119, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments. The EFP
application will be available under
‘‘Supporting Documents’’ through the
same link.
• Mail: Submit written comments to
Lynn Massey, West Coast Region,
NMFS, 501 W Ocean Blvd., Ste. 4200,
Long Beach, CA 90802–4250.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and would generally be posted for
public viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender
would be publicly accessible. NMFS
would accept anonymous comments
(enter ‘‘N/A’’ in the required fields if
you wish to remain anonymous).
Attachments to electronic comments
would be accepted in Microsoft Word,
Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Lynn Massey, West Coast Region,
NMFS, at (562) 436–2462, lynn.massey@
noaa.gov.
SUPPLEMENTARY INFORMATION: This
action is authorized by the Pacific Coast
Groundfish Fishery Management Plan
(FMP) and implementing regulations at
50 CFR 600.745, which allow NMFS
Regional Administrators to authorize
exempted fishing permits (EFPs) to test
fishing activities that would otherwise
be prohibited.
At the September 2018 Pacific Fishery
Management Council (Council) meeting,
the Council voted to recommend the
2019 Trawl Gear EFP project to NMFS,
and made the preliminary decision to
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
recommend continuing the EFP project
in 2020. NMFS published a description
of the 2019 Trawl Gear EFP in the
Federal Register on November 30, 2018
(83 FR 61603), and solicited public
comments through December 17, 2018.
NMFS issued a total of 46 EFPs to
eligible vessels for the 2019 fishing year.
As of September 30, 2019, 15 vessels
have participated in the Trawl Gear EFP
during the 2019 fishing year (7 vessels
fished midwater only, 2 fished bottom
trawl only, and 6 fished using both gear
types). These vessels have caught 46
Chinook salmon, no eulachon, sturgeon,
or Coho salmon, and approximately 13.7
million pounds of groundfish, totaling
approximately $4.8 million in revenue.
At the September 2019 Council
meeting, the EFP applicants requested
renewal of the 2019 Trawl Gear EFP
(described in additional detail at 83 FR
61603, November 30, 2019) with no
changes for the 2020 fishing year. The
same bycatch limits for Chinook salmon
recommended by the Council in 2019
would be maintained during the 2020
fishing year (i.e., 1,000 fish for Chinook
salmon taken north of 42 degrees North
latitude (N. lat.) and 100 fish for
Chinook salmon taken south of 42
degrees N. lat).
The EFP applicants have not
proposed a specific list of participating
vessels, but rather are proposing that
NMFS publish a public notice to gauge
interest from limited entry groundfish
midwater and bottom trawl vessels.
Depending on the amount of interest
and where vessels indicate interest in
fishing, NMFS may need to limit
participation by time and area to
mitigate potential impacts.
After publication of this document in
the Federal Register, NMFS may
approve and issue the EFP after the
close of the public comment period.
NMFS will consider comments
submitted, as well as the Council’s
discussion at their September 2019
meeting, in deciding whether to approve
the application as requested. NMFS may
approve the application in its entirety or
may make any alterations needed to
achieve the goals of the EFP.
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
Dated: October 17, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–22977 Filed 10–21–19; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Notices]
[Pages 56424-56426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22992]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-874]
Certain Steel Nails From the Republic of Korea: Final Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Daejin
Steel Company (Daejin), Je-il Wire Production Co., Ltd. (Je-il), Koram
Inc. (Koram), and Korea Wire Co. Ltd. (Kowire) made sales of certain
steel nails (steel nails) from the Republic of Korea (Korea) at less
than normal value during the period of review (POR), July 1, 2017
through June 30, 2018.
DATES: Applicable October 22, 2019.
FOR FURTHER INFORMATION CONTACT: Ariela Garvett (Daejin), Lilit
Astvatsatrian (Je-il and Koram), or Maliha Khan (Kowire), AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3609, (202) 482-6412, or
(202) 482-0895, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 18, 2019, Commerce published the Preliminary Results of the
2017-2018 antidumping duty administrative review of steel nails from
Korea.\1\ On July 18, 2019, Daejin and Mid Continent Steel & Wire, Inc.
(the petitioner) submitted case briefs.\2\ On
[[Page 56425]]
July 26, 2019, Daejin, Koram, and the petitioner submitted rebuttal
briefs.\3\
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 28278 (June 18, 2019) and accompanying Preliminary
Decision Memorandum (Preliminary Results).
\2\ See Daejin's Letter, ``Administrative Review of the
Antidumping Order on Certain Steels Nails from Korea--Redacted Case
Brief,'' dated September 24, 2019; see also Petitioner's Letter,
``Certain Steel Nails from Korea: Case Brief on Daejin Steel Company
and Koram Inc.,'' dated July 18, 2019.
\3\ See Daejin's Letter, ``Administrative Review on of the
Antidumping Order on Certain Steel Nails from Korea--Rebuttal Brief
of Daejin Steel Company,'' dated July 26, 2019; see also Koram's
Letter, ``Certain Steel Nails from the Republic of Korea: Rebuttal
Brief,'' dated July 26, 2019; and Petitioner's Letter, ``Certain
Steel Nails from Korea: Rebuttal Brief on Daejin Steel Company,''
dated July 26, 2019.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are nails having a nominal shaft
length not exceeding 12 inches.\4\ Merchandise covered by the order is
currently classified under the Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05,
7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18,
7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40,
7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80,
7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Nails
subject to this order also may be classified under HTSUS subheadings
7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings. While the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of this order is dispositive. For
a complete description of the scope of the order, see the Issues and
Decision Memorandum.\5\
---------------------------------------------------------------------------
\4\ The shaft length of certain steel nails with flat heads or
parallel shoulders under the head shall be measured from under the
head or shoulder to the tip of the point. The shaft length of all
other certain steel nails shall be measured overall.
\5\ See Memorandum, ``Issues and Decision Memorandum for Final
Results of the 2017-2018 Administrative Review of the Antidumping
Duty Order on Certain Steel Nails from the Republic of Korea,''
dated concurrently with this notice.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the IDM, which is hereby
adopted by this notice. A list of the issues raised is attached to this
notice as an Appendix. The IDM is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
in the Central Records Unit (CRU), Room B8024 of the main Commerce
building. In addition, a complete version of the IDM can be accessed
directly 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 review of the record and comments received from
interested parties, we made no revisions to the preliminary margin
calculations for the mandatory respondents.\6\
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\6\ See Memorandum, ``Certain Steel Nails from the Republic of
Korea: Final Results Analysis Memorandum for Daejin Steel Company,''
dated October 16, 2019; see also Memoranda, ``Certain Steel Nails
from the Republic of Korea: Final Results Analysis Memorandum for
Je-il Wire Production Co., Ltd.,'' dated October 16, 2019; ``Certain
Steel Nails from the Republic of Korea: Final Results Analysis
Memorandum for Koram Inc.,'' dated October 16, 2019; and ``Certain
Steel Nails from the Republic of Korea: Final Results Analysis
Memorandum for Korea Wire Co., Ltd.,'' dated October 16, 2019.
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Final Results of the Administrative Review
We have determined the following weighted-average dumping margins
to the firms listed below for the period July 1, 2017 through June 30,
2018:
------------------------------------------------------------------------
Weighted-
average
Exporter-producer dumping
margin
(percent)
------------------------------------------------------------------------
Daejin Steel Company........................................ 5.43
Je-il Wire Production Co., Ltd.............................. 6.06
Koram Inc................................................... 7.34
Korea Wire Co., Ltd......................................... 5.47
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine,
and U.S. Customs and Border Protections (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. We will calculate importer-
specific assessment rates on the basis of the ratio of the total amount
of antidumping duties calculated for each importer's examined sales and
the total entered value of the sales in accordance with 19 CFR
351.212(b)(1).
For entries of subject merchandise during the POR produced by each
respondent for which it did not know its merchandise was destined for
the United States, we will instruct CBP to liquidate unreviewed entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. We intend to issue
liquidation instructions to CBP 15 days after publication of this
notice.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for
the respondents noted above will be the rate established in the final
results of this administrative review; (2) for merchandise exported by
manufacturers or exporters not covered in this administrative review
but covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding; (3) if the exporter is
not a firm covered in this review, a prior review, or the original
investigation, but the producer is, then 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 11.80 percent, the all-others rate established in the
investigation.\7\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\7\ See Certain Steel Nails from the Republic of Korea: Final
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20,
2015).
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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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) of the Act and 19 CFR 351.221(b)(5).
[[Page 56426]]
Dated: October 16, 2019.
Jeffrey I. Kessler,
Assistant Secretary For Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
VI. Recommendation
[FR Doc. 2019-22992 Filed 10-21-19; 8:45 am]
BILLING CODE 3510-DS-P
