Certain Collated Steel Staples From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 61021-61023 [2019-24459]

Download as PDF Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Notices and 19 CFR 351.213(b).2 Pursuant to this request, and in accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of 130 companies.3 On October 1, 2019, the petitioners filed a timely withdrawal of request for the administrative review with respect to all 130 companies.4 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the party that requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. As noted above, the petitioners, the only parties to file a request for review, withdrew their requests by the 90-day deadline. Accordingly, we are rescinding antidumping duty order on OCTG from China for the period May 1, 2018, through April 30, 2019, in its entirety. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to all 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. Timely written notification of the return/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 violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: November 4, 2019. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–24460 Filed 11–8–19; 8:45 am] BILLING CODE 3510–DS–P Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of oil country tubular goods from China. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice in the Federal Register. Notification to Importers This notice serves as a 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 Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. 2 See Letter from the petitioners, ‘‘Oil Country Tubular Goods from the People’s Republic of China: Petitioners’ Request for 2018/2019 Administrative Review,’’ dated May 31, 2019. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 33739 (July 15, 2019). 4 See Letter from the petitioners, ‘‘Oil Country Tubular Goods from the People’s Republic of China: Withdrawal of Request for Administrative Review,’’ dated October 1, 2019. VerDate Sep<11>2014 17:47 Nov 08, 2019 Jkt 250001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–113] Certain Collated Steel Staples From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain collated steel staples (collated staples) from the People’s Republic of China (China) for the period of investigation (POI) January 1, 2018 through December 31, 2018. Interested parties are invited to comment on this preliminary determination. DATES: Applicable November 12, 2019. FOR FURTHER INFORMATION CONTACT: Bob Palmer or Joshua Simonidis, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–9068 or (202) 482–0608, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 703(b) PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 61021 of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on July 3, 2019.1 On August 9, 2019, pursuant to a request from the Kyocera Senco Industrial Tools, Inc. (the petitioner),2 Commerce postponed the preliminary determination of this investigation to November 4, 2019.3 On October 24, 2019, Commerce issued its preliminary critical circumstances determination determining that critical circumstances exist for imports from all producers and exporters of the subject merchandise from China.4 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.5 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. 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 http:// access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is collated staples from China. For a complete description of the scope of this investigation, see 1 See Certain Collated Steel Staples from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 84 FR 31840 (July 3, 2019) (Initiation Notice). 2 See Petitioner’s Letter, ‘‘Certain Collated Steel Staples from the People’s Republic of China: Petitioner’s Request to Postpone the Deadline for the Preliminary Determination,’’ dated August 5, 2019. 3 See Certain Collated Steel Staples from the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 84 FR 42896 (August 19, 2019). 4 See Certain Collated Steel Staples from the People’s Republic of China: Preliminary Affirmative Determinations of Critical Circumstances in the Antidumping and Countervailing Duty Investigations, 84 FR 59353 (November 4, 2019) (signed October 24, 2019) (Preliminary Affirmative Critical Circumstances Determination). 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination: Countervailing Duty Investigation of Certain Collated Steel Staples from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\12NON1.SGM 12NON1 61022 Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Notices Appendix I and ‘‘Scope Comments’’ section below. Scope Comments In accordance with the Preamble to Commerce’s regulations,6 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).7 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice.8 Based on our preliminary analysis of these comments, we have not made any changes to the scope of the investigation. For a summary of the product coverage comments and responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.9 Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that confers a benefit to the recipient, and that the subsidy is specific.10 In making these findings, Commerce relied in part on facts available, and because Commerce found that certain respondents did not act to the best of their ability to respond to our requests for information, Commerce drew an adverse inference where appropriate in selecting from among the facts 6 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 7 See Initiation Notice, 84 FR at 31841. 8 See Peace Industries Ltd.’s Letter, ‘‘Certain Collated Steel Staples from Korea, the People’s Republic of China, and Taiwan: Scope Comments,’’ dated July 16, 2019; see also BeA Fasteners USA, Inc.’s (BeA) Letter, ‘‘Antidumping and Countervailing Duty Investigations on Certain Collated Steel Staples from the People’s Republic of China, the Republic of Korea, and Taiwan: Scope Comments,’’ dated July 16, 2019; Petitioner’s Letter, ‘‘Certain Collated Steel Staples from the People’s Republic of China: Response to Scope Comments,’’ dated August 2, 2019; BeA’s Letter, ‘‘Antidumping and Countervailing Duty Investigations on Certain Collated Steel Staples From the People’s Republic of China, the Republic of Korea, and Taiwan: Supplemental Scope Comments,’’ dated October 11, 2019; and Petitioner’s Letter, ‘‘Certain Collated Steel Staples from the People’s Republic of China: Response to BeA’s Supplemental Scope Comments,’’ dated October 17, 2019. 9 See Memorandum, ‘‘Less-Than-Fair-Value and Countervailing Duty Investigations of Certain Collated Steel Staples from the People’s Republic of China: Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). 10 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. VerDate Sep<11>2014 17:47 Nov 08, 2019 Jkt 250001 otherwise available.11 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. Alignment All-Others Rate Sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely on facts otherwise available, as outlined under section 776 of the Act. In this investigation, Commerce preliminarily assigned rates based entirely on facts available for Hai Sheng Xin Group Co., Ltd. and Ningbo Deli Stationery. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Zhejiang Best Nail Industrial Co., Ltd. (Best Nail). Consequently, the rate calculated for Best Nail is preliminarily assigned as the rate for all other producers and exporters. Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: 11 See sections 776(a) and (b) of the Act. Petitioner’s Letter, ‘‘Certain Collated Steel Staples from the People’s Republic of China: Petitioner’s Request for Alignment of Countervailing Duty Investigation Final Determination Deadline with Antidumping Investigation Final Determination Deadline,’’ dated October 2, 2019. 12 See Frm 00018 Zhejiang Best Nail Industrial Co., Ltd ........................................... Hai Sheng Xin Group Co., Ltd ... Ningbo Deli Stationery ................ All Others .................................... Subsidy rate (percent) 12.38 156.99 156.99 12.38 Suspension of Liquidation In accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final determination in this countervailing duty investigation with the final determination in the companion antidumping duty investigation of collated staples from China, based on a request made by the petitioner.12 Consequently, the final countervailing duty determination will be issued on the same date as the final antidumping duty determination, which is currently scheduled to be issued no later than March 17, 2020, unless postponed. PO 00000 Company Fmt 4703 Sfmt 4703 In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the ‘‘Scope of the Investigation’’ section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. Section 703(e)(2) of the Act provides that, given an affirmative determination of critical circumstances,13 any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which the notice of initiation of the investigation was published. Commerce preliminarily found that critical circumstances exist for all imports of subject merchandise from China. In accordance with section 703(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries from all exporters and producers of the subject merchandise from China that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. 13 See Preliminary Affirmative Critical Circumstances Determination. E:\FR\FM\12NON1.SGM 12NON1 Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Notices Public Comment All interested parties will have the opportunity to submit case and rebuttal briefs on the preliminary scope determination. The deadline for these comments will be established in the Federal Register notice regarding the preliminary determination of the companion antidumping duty investigation of collated staples from China to be issued at a later date. Case briefs or other written comments, not pertaining to scope issues, may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.14 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Parties are reminded that briefs and hearing requests are to be filed electronically using ACCESS and that electronically filed documents must be received successfully in their entirety by 5 p.m. Eastern Time on the due date. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its determination. Pursuant to section 705(b)(2) of the Act, if the final 14 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 17:47 Nov 08, 2019 Jkt 250001 61023 determination is affirmative, the ITC will make its final injury determination before the later of 120 days after the date of this preliminary determination or 45 days after Commerce’s final determination. VI. Diversification of China’s Economy VII. Use of Facts Otherwise Available and Adverse Inferences VIII. Subsidies Valuation IX. Benchmarks and Interest Rates X. Analysis of Programs XI. Recommendation Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). [FR Doc. 2019–24459 Filed 11–8–19; 8:45 am] Dated: November 4, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. International Trade Administration Appendix I Scope of the Investigation The merchandise covered by the scope of this investigation is certain collated steel staples. Certain collated steel staples subject to this proceeding are made from steel wire having a nominal diameter from 0.0355 inch to 0.0830 inch, inclusive, and have a nominal leg length from 0.25 inch to 3.0 inches, inclusive, and a nominal crown width from 0.187 inch to 1.125 inch, inclusive. Certain collated steel staples may be manufactured from any type of steel, and are included in the scope of the investigations regardless of whether they are uncoated or coated, and regardless of the type or number of coatings, including but not limited to coatings to inhibit corrosion. Certain collated steel staples may be collated using any material or combination of materials, including but not limited to adhesive, glue, and adhesive film or adhesive or paper tape. Certain collated steel staples are generally made to American Society for Testing and Materials (ASTM) specification ASTM F1667–18a, but can also be made to other specifications. Excluded from the scope of these investigations are any carton-closing staples covered by the scope of the existing antidumping duty order on Carton-Closing Staples from the People’s Republic of China. See Carton-Closing Staples From the People’s Republic of China: Antidumping Duty Order, 83 FR 20792 (May 8, 2018). Certain collated steel staples subject to these investigations are currently classifiable under subheading 8305.20.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheading and ASTM specification are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Preliminary Determination of Critical Circumstances IV. Alignment V. Injury Test PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE [A–570–831] Fresh Garlic From the People’s Republic of China: Final Results of the Semiannual Antidumping Duty New Shipper Review of Jinxiang Infang Fruit & Vegetable Co., Ltd. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) has conducted a new shipper review (NSR) of Jinxiang Infang Fruit & Vegetable Co., Ltd. (Infang) regarding the antidumping duty order on fresh garlic from the People’s Republic of China (China). The period of review (POR) is November 1, 2017 through May 31, 2018. Based on our analysis of the comments received, we continue to find that Infang’s sale was a bona fide transaction, and that that sale was made below normal value (NV). AGENCY: Applicable November 12, 2019. Alex Cipolla, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4956. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: Background On July 9, 2018, at the request of Infang, Commerce published a notice of initiation of a new shipper review of fresh garlic from China for the period November 1, 2017 through May 31, 2018.1 On June 13, 2019, Commerce published the preliminary results of this new shipper review.2 On August 29, 1 See Fresh Garlic from the People’s Republic of China: Initiation of Semiannual Antidumping Duty New Shipper Review; 2017–2018, 83 FR 31734 (July 9, 2018); see also Infang’s Letter, ‘‘Fresh Garlic from the People’s Republic of China—Request for New Shipper Review,’’ dated May 23, 2018. 2 See Fresh Garlic from the People’s Republic of China: Preliminary Results of the Antidumping Duty New Shipper Review, 84 FR 27585 (June 13, 2019) (Preliminary Results) and accompanying Preliminary Decision Memorandum. E:\FR\FM\12NON1.SGM 12NON1

Agencies

[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Notices]
[Pages 61021-61023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24459]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-113]


Certain Collated Steel Staples From the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination, and 
Alignment of Final Determination With Final Antidumping Duty 
Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of certain collated steel staples (collated staples) from the 
People's Republic of China (China) for the period of investigation 
(POI) January 1, 2018 through December 31, 2018. Interested parties are 
invited to comment on this preliminary determination.

DATES: Applicable November 12, 2019.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Joshua Simonidis, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-9068 or (202) 
482-0608, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on July 3, 
2019.\1\
---------------------------------------------------------------------------

    \1\ See Certain Collated Steel Staples from the People's 
Republic of China: Initiation of Countervailing Duty Investigation, 
84 FR 31840 (July 3, 2019) (Initiation Notice).
---------------------------------------------------------------------------

    On August 9, 2019, pursuant to a request from the Kyocera Senco 
Industrial Tools, Inc. (the petitioner),\2\ Commerce postponed the 
preliminary determination of this investigation to November 4, 2019.\3\ 
On October 24, 2019, Commerce issued its preliminary critical 
circumstances determination determining that critical circumstances 
exist for imports from all producers and exporters of the subject 
merchandise from China.\4\
---------------------------------------------------------------------------

    \2\ See Petitioner's Letter, ``Certain Collated Steel Staples 
from the People's Republic of China: Petitioner's Request to 
Postpone the Deadline for the Preliminary Determination,'' dated 
August 5, 2019.
    \3\ See Certain Collated Steel Staples from the People's 
Republic of China: Postponement of Preliminary Determination in the 
Countervailing Duty Investigation, 84 FR 42896 (August 19, 2019).
    \4\ See Certain Collated Steel Staples from the People's 
Republic of China: Preliminary Affirmative Determinations of 
Critical Circumstances in the Antidumping and Countervailing Duty 
Investigations, 84 FR 59353 (November 4, 2019) (signed October 24, 
2019) (Preliminary Affirmative Critical Circumstances 
Determination).
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\5\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. 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 http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination: Countervailing Duty Investigation of 
Certain Collated Steel Staples from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is collated staples from 
China. For a complete description of the scope of this investigation, 
see

[[Page 61022]]

Appendix I and ``Scope Comments'' section below.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\6\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\7\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice.\8\ Based on our preliminary analysis of these 
comments, we have not made any changes to the scope of the 
investigation. For a summary of the product coverage comments and 
responses submitted to the record for this preliminary determination, 
and accompanying discussion and analysis of all comments timely 
received, see the Preliminary Scope Decision Memorandum.\9\
---------------------------------------------------------------------------

    \6\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \7\ See Initiation Notice, 84 FR at 31841.
    \8\ See Peace Industries Ltd.'s Letter, ``Certain Collated Steel 
Staples from Korea, the People's Republic of China, and Taiwan: 
Scope Comments,'' dated July 16, 2019; see also BeA Fasteners USA, 
Inc.'s (BeA) Letter, ``Antidumping and Countervailing Duty 
Investigations on Certain Collated Steel Staples from the People's 
Republic of China, the Republic of Korea, and Taiwan: Scope 
Comments,'' dated July 16, 2019; Petitioner's Letter, ``Certain 
Collated Steel Staples from the People's Republic of China: Response 
to Scope Comments,'' dated August 2, 2019; BeA's Letter, 
``Antidumping and Countervailing Duty Investigations on Certain 
Collated Steel Staples From the People's Republic of China, the 
Republic of Korea, and Taiwan: Supplemental Scope Comments,'' dated 
October 11, 2019; and Petitioner's Letter, ``Certain Collated Steel 
Staples from the People's Republic of China: Response to BeA's 
Supplemental Scope Comments,'' dated October 17, 2019.
    \9\ See Memorandum, ``Less-Than-Fair-Value and Countervailing 
Duty Investigations of Certain Collated Steel Staples from the 
People's Republic of China: Preliminary Scope Decision Memorandum,'' 
dated concurrently with this notice (Preliminary Scope Decision 
Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that 
confers a benefit to the recipient, and that the subsidy is 
specific.\10\ In making these findings, Commerce relied in part on 
facts available, and because Commerce found that certain respondents 
did not act to the best of their ability to respond to our requests for 
information, Commerce drew an adverse inference where appropriate in 
selecting from among the facts otherwise available.\11\ For further 
information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the Preliminary Decision Memorandum. For a full 
description of the methodology underlying our preliminary conclusions, 
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \10\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \11\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    In accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), Commerce is aligning the final determination in this 
countervailing duty investigation with the final determination in the 
companion antidumping duty investigation of collated staples from 
China, based on a request made by the petitioner.\12\ Consequently, the 
final countervailing duty determination will be issued on the same date 
as the final antidumping duty determination, which is currently 
scheduled to be issued no later than March 17, 2020, unless postponed.
---------------------------------------------------------------------------

    \12\ See Petitioner's Letter, ``Certain Collated Steel Staples 
from the People's Republic of China: Petitioner's Request for 
Alignment of Countervailing Duty Investigation Final Determination 
Deadline with Antidumping Investigation Final Determination 
Deadline,'' dated October 2, 2019.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act provide that 
in the preliminary determination, Commerce shall determine an estimated 
all-others rate for companies not individually examined. This rate 
shall be an amount equal to the weighted average of the estimated 
subsidy rates established for those companies individually examined, 
excluding any zero and de minimis rates and any rates based entirely on 
facts otherwise available, as outlined under section 776 of the Act.
    In this investigation, Commerce preliminarily assigned rates based 
entirely on facts available for Hai Sheng Xin Group Co., Ltd. and 
Ningbo Deli Stationery. Therefore, the only rate that is not zero, de 
minimis, or based entirely on facts otherwise available is the rate 
calculated for Zhejiang Best Nail Industrial Co., Ltd. (Best Nail). 
Consequently, the rate calculated for Best Nail is preliminarily 
assigned as the rate for all other producers and exporters.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Zhejiang Best Nail Industrial Co., Ltd......................       12.38
Hai Sheng Xin Group Co., Ltd................................      156.99
Ningbo Deli Stationery......................................      156.99
All Others..................................................       12.38
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the ``Scope of the Investigation'' section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.
    Section 703(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances,\13\ any suspension of 
liquidation shall apply to unliquidated entries of merchandise entered, 
or withdrawn from warehouse, for consumption on or after the later of 
(a) the date which is 90 days before the date on which the suspension 
of liquidation was first ordered, or (b) the date on which the notice 
of initiation of the investigation was published. Commerce 
preliminarily found that critical circumstances exist for all imports 
of subject merchandise from China. In accordance with section 
703(e)(2)(A) of the Act, the suspension of liquidation shall apply to 
unliquidated entries from all exporters and producers of the subject 
merchandise from China that were entered, or withdrawn from warehouse, 
for consumption on or after the date which is 90 days before the 
publication of this notice.
---------------------------------------------------------------------------

    \13\ See Preliminary Affirmative Critical Circumstances 
Determination.
---------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

[[Page 61023]]

Public Comment

    All interested parties will have the opportunity to submit case and 
rebuttal briefs on the preliminary scope determination. The deadline 
for these comments will be established in the Federal Register notice 
regarding the preliminary determination of the companion antidumping 
duty investigation of collated staples from China to be issued at a 
later date.
    Case briefs or other written comments, not pertaining to scope 
issues, may be submitted to the Assistant Secretary for Enforcement and 
Compliance no later than seven days after the date on which the last 
verification report is issued in this investigation. Rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
five days after the deadline date for case briefs.\14\ Pursuant to 19 
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this investigation 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.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    Parties are reminded that briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5 p.m. 
Eastern Time on the due date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. Pursuant 
to section 705(b)(2) of the Act, if the final determination is 
affirmative, the ITC will make its final injury determination before 
the later of 120 days after the date of this preliminary determination 
or 45 days after Commerce's final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: November 4, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by the scope of this investigation is 
certain collated steel staples. Certain collated steel staples 
subject to this proceeding are made from steel wire having a nominal 
diameter from 0.0355 inch to 0.0830 inch, inclusive, and have a 
nominal leg length from 0.25 inch to 3.0 inches, inclusive, and a 
nominal crown width from 0.187 inch to 1.125 inch, inclusive.
    Certain collated steel staples may be manufactured from any type 
of steel, and are included in the scope of the investigations 
regardless of whether they are uncoated or coated, and regardless of 
the type or number of coatings, including but not limited to 
coatings to inhibit corrosion.
    Certain collated steel staples may be collated using any 
material or combination of materials, including but not limited to 
adhesive, glue, and adhesive film or adhesive or paper tape.
    Certain collated steel staples are generally made to American 
Society for Testing and Materials (ASTM) specification ASTM F1667-
18a, but can also be made to other specifications.
    Excluded from the scope of these investigations are any carton-
closing staples covered by the scope of the existing antidumping 
duty order on Carton-Closing Staples from the People's Republic of 
China. See Carton-Closing Staples From the People's Republic of 
China: Antidumping Duty Order, 83 FR 20792 (May 8, 2018).
    Certain collated steel staples subject to these investigations 
are currently classifiable under subheading 8305.20.0000 of the 
Harmonized Tariff Schedule of the United States (HTSUS).
    While the HTSUS subheading and ASTM specification are provided 
for convenience and for customs purposes, the written description of 
the subject merchandise is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Preliminary Determination of Critical Circumstances
IV. Alignment
V. Injury Test
VI. Diversification of China's Economy
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Analysis of Programs
XI. Recommendation

 [FR Doc. 2019-24459 Filed 11-8-19; 8:45 am]
 BILLING CODE 3510-DS-P