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]
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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.
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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
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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 https://
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 https://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).
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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.
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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.
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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).
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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
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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.
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]]>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]
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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).
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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 https://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 https://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).
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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.
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\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.
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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.
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\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.
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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.
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\13\ See Preliminary Affirmative Critical Circumstances
Determination.
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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.
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\14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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
