Certain Collated Steel Staples From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination and Extension of Provisional Measures, 882-885 [2020-00103]
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Federal Register / Vol. 85, No. 5 / Wednesday, January 8, 2020 / Notices
pipe. They may also be entered under
HTSUS 7324.29.0000 and 7307.92.3010.
The HTSUS subheadings and
specifications are provided for
convenience and customs purposes
only; the written description of the
scope of these orders is dispositive.
Final Results of Changed
Circumstances Reviews
Because the record contains no
information or evidence that calls into
question the Preliminary Results, for the
reasons stated in the Preliminary
Results, Commerce continues to find
that Wor-Biz Industrial is the successorin-interest to Wor-Biz Trading, and thus
is entitled to Wor-Biz Trading’s AD and
CVD cash deposit rates with respect to
entries of subject merchandise.3
Instructions to U.S. Customs and
Border Protection
Based on these final results, we will
instruct U.S. Customs and Border
Protection to collect estimated AD and
CVD duties for all shipments of subject
merchandise exported by Wor-Biz
Industrial and entered, or withdrawn
from warehouse, for consumption on or
after the publication date of this notice
in the Federal Register, at the current
AD and CVD cash deposit rates for WorBiz Trading (i.e., 33.44% 4 and 7.37%,
respectively). These cash deposit
requirements shall remain in effect until
further notice.
Notification to Interested Parties
This notice serves as a final reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 sanctionable violation.
We are issuing and publishing these
final results notice in accordance with
sections 751(b) and 777(i) of the Tariff
Act of 1930, as amended, and 19 CFR
351.216 and 351.221(c)(3).
jbell on DSKJLSW7X2PROD with NOTICES
Dated: December 31, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–00049 Filed 1–7–20; 8:45 am]
BILLING CODE 3510–DS–P
3 See
the Orders.
intend to update the name of the exporter
listed for this combination cash deposit rate to
reflect these final results.
4 We
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–878; C–580–879]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Correction to Affirmative Final
Determinations of Anti-Circumvention
Inquiries on the Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is correcting the final
determinations of anti-circumvention
inquiries on the antidumping and
countervailing duty orders on certain
corrosion-resistant steel products
(CORE) from the Republic of Korea
(Korea).
AGENCY:
DATES:
Applicable January 8, 2020.
Corporation; (2) Formosa Ha Tinh
Corporation; (3) Hoa Sen Group; (4) Ton
Dong A Corp.; and (5) Vina One Steel
Manufacturing. However, as noted in
the IDM at page seventeen, Commerce
has determined that these five
companies are in fact eligible for the
certification process. Therefore, we are
hereby correcting the Federal Register
notice and page eight of the
accompanying IDM to make clear that
these five companies are eligible to
participate in the certification process.
Consistent with this correction, we
intend to send instructions to the U.S.
Customs and Border Protection without
listing these companies as ineligible to
participate in the certification process.
No other changes have been made to the
affirmative final determinations.
Dated: December 31, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2020–00051 Filed 1–7–20; 8:45 am]
Chien-Min Yang, 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) 482–5484.
SUPPLEMENTARY INFORMATION: On
December 26, 2019, Commerce
published in the Federal Register the
affirmative final determinations of anticircumvention inquiries 1 related to the
antidumping duty and countervailing
duty orders on CORE from Korea.2 The
published Federal Register notice and
accompanying Issues and Decision
Memorandum (IDM) at page eight
erroneously stated that the following
five companies were not eligible for the
certification process with regard to hotrolled steel (HRS) and cold-rolled steel
(CRS) from Korea: 3 (1) Dai Thien Loc
BILLING CODE 3510–DS–P
1 See Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Affirmative Final
Determinations of Anti-Circumvention Inquiries on
the Antidumping Duty and Countervailing Duty
Orders, 84 FR 70948 (December 26, 2019) and
accompanying Issues and Decision Memorandum
(IDM).
2 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016); see also Certain CorrosionResistant Steel Products from India, Italy, Republic
of Korea and the People’s Republic of China:
Countervailing Duty Order, 81 FR 48387 (July 25,
2016).
3 Importers and exporters of CORE produced in
the Socialist Republic of Vietnam (Vietnam) using:
(1) HRS manufactured in Vietnam or third
countries; (2) CRS manufactured in Vietnam using
HRS produced in Vietnam or third countries; and/
or (3) CRS manufactured in third countries—if they
qualify to participate in the certification process—
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–112]
Certain Collated Steel Staples From
the People’s Republic of China:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Preliminary Affirmative Determination
of Critical Circumstances,
Postponement of Final Determination
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain collated steel staples
(collated staples) from the People’s
Republic of China (China) are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
AGENCY:
must certify that the HRS or CRS processed into
CORE in Vietnam did not originate in Korea, as
provided in Certain Corrosion-Resistant Steel
Products from the Republic of Korea: Affirmative
Final Determinations of Anti-Circumvention
Inquiries on the Antidumping Duty and
Countervailing Duty Orders, 84 FR at 70950–51
(appendices II–IV). Importers and exporters of
CORE produced in Vietnam may also be subject to
the certification processes provided in Certain
Corrosion-Resistant Steel Products from the
People’s Republic of China: Affirmative Final
Determination of Circumvention of the
Antidumping Duty and Countervailing Duty Orders,
83 FR 23895 (May 23, 2018) and Certain CorrosionResistant Steel Products from Taiwan: Affirmative
Final Determination of Circumvention Inquiry on
the Antidumping Duty Order, 84 FR 70937
(December 26, 2019).
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Federal Register / Vol. 85, No. 5 / Wednesday, January 8, 2020 / Notices
period of investigation (POI) is October
1, 2018 through March 31, 2019.
DATES: Applicable January 8, 2020.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or William Horn, 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) 482–6478, or
(202) 482–4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(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 On October 29, 2019,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now January 2,
2020.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included 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 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 the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Scope of the Investigation
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The product covered by this
investigation is collated staples from
China. For a complete description of the
1 See Certain Collated Steel Staples from the
People’s Republic of China, the Republic of Korea,
and Taiwan: Initiation of Less-Than-Fair-Value
Investigations, 84 FR 12587 (July 3, 2019) (Initiation
Notice).
2 See Certain Collated Steel Staples from the
People’s Republic of China: Postponement of
Preliminary Determination in the Less-Than-FairValue Investigation, 84 FR 57845 (October 29,
2019).
3 See Memorandum, ‘‘Certain Collated Steel
Staples from the People’s Republic of China:
Decision Memorandum for Preliminary Affirmative
Determination of Sales at Less Than Fair Value,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice.6 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.7
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Because
China is a non-market economy, within
the meaning of section 771(18) of the
Act, Commerce has calculated normal
value (NV) in accordance with section
773(c) of the Act. In addition, pursuant
to section 776(a) and (b) of the Act,
Commerce preliminarily has relied on
facts otherwise available, with adverse
inferences, for Tianjin Jinxinshenglong
Metal Products Co., Ltd. (Tianjin JXSL)
and the China-wide entity. For a full
description of the methodology
underlying Commerce’s preliminary
determination, see the Preliminary
Decision Memorandum.
Combination Rates
In the Initiation Notice,8 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.9
Preliminary Affirmative Determination
of Critical Circumstances
In the Preliminary Critical
Circumstances Determination,
Commerce determined that critical
circumstances exist with respect to
imports of collated staples from China
for Tianjin Hweschun Fasteners
Manufacturing Co., Ltd. (Tianjin
Hweschun) and all other producers/
exporters except for Tianjin JXSL.10 We
are revising our preliminary critical
circumstances finding and now find that
critical circumstances also exist with
respect to imports by Tianjin JSXL and
all other producers/exporters of collated
staples from China.11 For a full
description of the methodology and
results of Commerce’s analysis, see the
Preliminary Decision Memorandum.
Preliminary Determination
In this proceeding, Commerce
calculated an above-de minimis rate that
is not based entirely on facts available
for Tianjin Hweschun, and thus,
consistent with our practice, we
assigned the rate calculated for Tianjin
Hweschun as the rate for nonindividually examined companies that
have preliminarily qualified for a
separate rate. See the Preliminary
Decision Memorandum. Commerce
preliminarily determines that the
8 See
4 See
Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 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.
7 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 November 7, 2019 (Preliminary Scope
Memorandum).
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883
Initiation Notice, 84 FR at 12590–91.
Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ dated April 5, 2005 (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
10 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)
(Preliminary Critical Circumstances Determination)
see also Memorandum, ‘‘Certain Collated Steel
Staples from the People’s Republic of China:
Preliminary Massive Imports Analysis,’’ dated
October 31, 2019.
11 See, e.g., Non-Oriented Electrical Steel from the
People’s Republic of China: Preliminary Affirmative
Determinations of Sales at Less Than Fair Value
and Critical Circumstances, 79 FR 29421 (December
6, 2013), and accompanying Preliminary Decision
Memorandum at ‘‘Critical Circumstances’’,
unchanged in Non-Oriented Electrical Steel from
Germany, Japan, the People’s Republic of China,
and Sweden: Final Affirmative Determinations of
Sales at Less Than Fair Value and Final Affirmative
Determinations of Critical Circumstances, in Part,
79 FR 61609 (October 14, 2014).
9 See
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Federal Register / Vol. 85, No. 5 / Wednesday, January 8, 2020 / Notices
following estimated weighted-average
dumping margins exist:
Cash deposit
rate (adjusted
for subsidy
offsets)
(percent)
Producer
Exporter
Tianjin Hweschun Fasteners Manufacturing Co., Ltd ..
Tianjin Jin Xin Sheng Long Metal Products Co., Ltd ...
China Staple (Tianjin) Co., Ltd .....................................
Shanghai Yueda Nails Co., Ltd ....................................
Shijiazhuang Shuangming Trade Co., Ltd ...................
Tianjin Jinyifeng Hardware Co., Ltd .............................
Unicorn Fasteners Co., Ltd ..........................................
Zhejiang Best Nails Industrial Co., Ltd .........................
Tianjin Hweschun Fasteners Manufacturing Co., Ltd ..
Tianjin Jin Xin Sheng Long Metal Products Co., Ltd ...
China Staple (Tianjin) Co., Ltd .....................................
Shanghai Yueda Nails Co., Ltd ....................................
Shijiazhuang Shuangming Trade Co., Ltd ...................
Tianjin Jinyifeng Hardware Co., Ltd .............................
Unicorn Fasteners Co., Ltd ..........................................
Zhejiang Best Nails Industrial Co., Ltd .........................
301.64
301.64
301.64
301.64
301.64
301.64
301.64
301.64
291.1
291.1
291.1
291.1
291.1
291.1
291.1
291.1
China-Wide Entity .........................................................
.......................................................................................
301.64
12 291.1
Suspension of Liquidation
In accordance with section 733(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 Appendix
I that are entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register, as discussed
below.
Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
estimated weighted-average amount by
which NV exceeds U.S. price, as
indicated in the chart above, as follows:
(1) For the producer/exporter
combinations listed in the table above,
the cash deposit rate is equal to the
estimated weighted-average dumping
margin listed for that combination in the
table; (2) for all combinations of Chinese
producers/exporters of merchandise
under consideration that have not
established eligibility for their own
separate rates, the cash deposit rate will
be equal to the estimated weightedaverage dumping margin established for
the China-wide entity; and (3) for all
third-county exporters of merchandise
under consideration not listed in the
table above, the cash deposit rate is the
cash deposit rate applicable to the
Chinese producer/exporter combination
(or the China-wide entity) that supplied
that third-country exporter.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
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Estimated
weightedaverage
dumping
margin
(percent)
12 See 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, 84 FR 61021 (November 12,
2019) and accompanying Preliminary Decision
Memorandum.
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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 finds that
critical circumstances exist for all
imports of subject merchandise from
China. In accordance with section
733(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.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, Commerce has
made a preliminary affirmative
determination for an export subsidy
adjustment. However, Commerce has
not made a preliminary affirmative
determination for a domestic subsidy
pass-through adjustment in this
investigation.13 Commerce has offset the
calculated estimated weighted-average
dumping margin by the appropriate
rate(s). Any such adjusted rates may be
found in the chart of estimated
weighted-average dumping margins in
13 See sections, ‘‘Adjustment Under Section
777A(F) of the Act’’ and ‘‘Adjustment to Cash
Deposit Rate for Export Subsidies’’ in the
Preliminary Decision Memorandum.
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the ‘‘Preliminary Determination’’
section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for export subsidies at the time the CVD
provisional measures expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement or, if
there is no public announcement,
within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify
information relied upon in making its
final determination.
Public Comment
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 final
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
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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.
Additionally, case briefs regarding
scope issues may be submitted within
ten days after the date of publication of
this notice in the Federal Register.
Rebuttal briefs regarding scope issues,
limited to those issues in the scope case
briefs, may be submitted no later than
five days after the deadline for scope
case briefs. All scope case and rebuttal
briefs must be filed identically on the
records of this investigation and the
concurrent CVD investigation of
collated staples.
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.
measures from a four-month period to a
period not more than six months in
duration.
Pursuant to 19 CFR 351.210(e),
Tianjin JXSL, Kyocera Senco Industrial
Tools, Inc. (the petitioner), and Tianjin
Hweschun requested that Commerce
postpone the final determination.
Additionally, Tianjin JXSL and Tianjin
Hweschun requested that provisional
measures be extended to a period not to
exceed six months.15 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce’s final
determination will be issued no later
than 135 days after the date of
publication of this preliminary
determination.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners. Pursuant to 19 CFR
351.210(e)(2), Commerce requires that
requests by respondents for
postponement of a final antidumping
determination be accompanied by a
request for extension of provisional
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
14 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether these imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
885
staples. Certain collated steel staples subject
to this investigation 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 this investigation 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 this
investigation 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 this investigation 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
Dated: January 2, 2020.
Jeffrey I. Kessler,
Assistant Secretar for Enforcement and
Compliance.
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Scope Comments
VI. Scope of the Investigation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Adjustment Under Section 777(A)(f) of
the Act
X. Critical Circumstances
XI. Adjustment for Countervailable Export
Subsidies
XII. Conclusion
Appendix I
[FR Doc. 2020–00103 Filed 1–7–20; 8:45 am]
Scope of the Investigation
The merchandise covered by the scope of
this investigation is certain collated steel
BILLING CODE 3510–DS–P
15 See Tianjin JXSL’s Letter, ‘‘Collated Steel
Staples from the People’s Republic of China:
Conditional Request for Extension of Final
Determination,’’ dated December 6, 2019; see also
Petitioner’s Letter, ‘‘Certain Collated Steel Staples
from the People’s Republic of China: Request for
Postponement of the Final Determination,’’ dated
December 10, 2019; and Tianjin Hweschun’s Letter,
‘‘Certain Collated Steel Staples from China: Request
to Fully Extend the Final Determination,’’ dated
December 12, 2019.
PO 00000
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID XA005]
North Pacific Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\08JAN1.SGM
08JAN1
]]>Agencies
[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Notices]
[Pages 882-885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00103]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-112]
Certain Collated Steel Staples From the People's Republic of
China: Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Preliminary Affirmative Determination of Critical Circumstances,
Postponement of Final Determination and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain collated steel staples (collated staples) from the
People's Republic of China (China) are being, or are likely to be, sold
in the United States at less than fair value (LTFV). The
[[Page 883]]
period of investigation (POI) is October 1, 2018 through March 31,
2019.
DATES: Applicable January 8, 2020.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or William Horn, 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) 482-6478, or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(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\ On October 29, 2019, Commerce postponed the preliminary
determination of this investigation, and the revised deadline is now
January 2, 2020.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included 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 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 the electronic versions of
the Preliminary Decision Memorandum are identical in content.
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\1\ See Certain Collated Steel Staples from the People's
Republic of China, the Republic of Korea, and Taiwan: Initiation of
Less-Than-Fair-Value Investigations, 84 FR 12587 (July 3, 2019)
(Initiation Notice).
\2\ See Certain Collated Steel Staples from the People's
Republic of China: Postponement of Preliminary Determination in the
Less-Than-Fair-Value Investigation, 84 FR 57845 (October 29, 2019).
\3\ See Memorandum, ``Certain Collated Steel Staples from the
People's Republic of China: Decision Memorandum for Preliminary
Affirmative Determination of Sales at Less Than Fair Value,'' 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 Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice.\6\ 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.\7\
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ 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.
\7\ 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 November 7, 2019 (Preliminary Scope Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Because China is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce has calculated normal value (NV) in accordance with section
773(c) of the Act. In addition, pursuant to section 776(a) and (b) of
the Act, Commerce preliminarily has relied on facts otherwise
available, with adverse inferences, for Tianjin Jinxinshenglong Metal
Products Co., Ltd. (Tianjin JXSL) and the China-wide entity. For a full
description of the methodology underlying Commerce's preliminary
determination, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\8\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\
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\8\ See Initiation Notice, 84 FR at 12590-91.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Affirmative Determination of Critical Circumstances
In the Preliminary Critical Circumstances Determination, Commerce
determined that critical circumstances exist with respect to imports of
collated staples from China for Tianjin Hweschun Fasteners
Manufacturing Co., Ltd. (Tianjin Hweschun) and all other producers/
exporters except for Tianjin JXSL.\10\ We are revising our preliminary
critical circumstances finding and now find that critical circumstances
also exist with respect to imports by Tianjin JSXL and all other
producers/exporters of collated staples from China.\11\ For a full
description of the methodology and results of Commerce's analysis, see
the Preliminary Decision Memorandum.
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\10\ 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) (Preliminary Critical
Circumstances Determination) see also Memorandum, ``Certain Collated
Steel Staples from the People's Republic of China: Preliminary
Massive Imports Analysis,'' dated October 31, 2019.
\11\ See, e.g., Non-Oriented Electrical Steel from the People's
Republic of China: Preliminary Affirmative Determinations of Sales
at Less Than Fair Value and Critical Circumstances, 79 FR 29421
(December 6, 2013), and accompanying Preliminary Decision Memorandum
at ``Critical Circumstances'', unchanged in Non-Oriented Electrical
Steel from Germany, Japan, the People's Republic of China, and
Sweden: Final Affirmative Determinations of Sales at Less Than Fair
Value and Final Affirmative Determinations of Critical
Circumstances, in Part, 79 FR 61609 (October 14, 2014).
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Preliminary Determination
In this proceeding, Commerce calculated an above-de minimis rate
that is not based entirely on facts available for Tianjin Hweschun, and
thus, consistent with our practice, we assigned the rate calculated for
Tianjin Hweschun as the rate for non-individually examined companies
that have preliminarily qualified for a separate rate. See the
Preliminary Decision Memorandum. Commerce preliminarily determines that
the
[[Page 884]]
following estimated weighted-average dumping margins exist:
----------------------------------------------------------------------------------------------------------------
Estimated
weighted- Cash deposit
average rate (adjusted
Producer Exporter dumping for subsidy
margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Tianjin Hweschun Fasteners Manufacturing Co., Tianjin Hweschun Fasteners 301.64 291.1
Ltd. Manufacturing Co., Ltd.
Tianjin Jin Xin Sheng Long Metal Products Co., Tianjin Jin Xin Sheng Long Metal 301.64 291.1
Ltd. Products Co., Ltd.
China Staple (Tianjin) Co., Ltd............... China Staple (Tianjin) Co., Ltd. 301.64 291.1
Shanghai Yueda Nails Co., Ltd................. Shanghai Yueda Nails Co., Ltd... 301.64 291.1
Shijiazhuang Shuangming Trade Co., Ltd........ Shijiazhuang Shuangming Trade 301.64 291.1
Co., Ltd.
Tianjin Jinyifeng Hardware Co., Ltd........... Tianjin Jinyifeng Hardware Co., 301.64 291.1
Ltd.
Unicorn Fasteners Co., Ltd.................... Unicorn Fasteners Co., Ltd...... 301.64 291.1
Zhejiang Best Nails Industrial Co., Ltd....... Zhejiang Best Nails Industrial 301.64 291.1
Co., Ltd.
-------------------------------
China-Wide Entity............................. ................................ 301.64 \12\ 291.1
----------------------------------------------------------------------------------------------------------------
Suspension of Liquidation
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\12\ See 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, 84 FR 61021 (November 12, 2019) and
accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
In accordance with section 733(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 Appendix I that are
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of this notice in the Federal Register, as
discussed below.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average amount by which NV exceeds U.S.
price, as indicated in the chart above, as follows: (1) For the
producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
Chinese producers/exporters of merchandise under consideration that
have not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
county exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the Chinese producer/exporter combination (or the China-wide entity)
that supplied that third-country exporter.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, 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
finds that critical circumstances exist for all imports of subject
merchandise from China. In accordance with section 733(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.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, Commerce has made a preliminary affirmative
determination for an export subsidy adjustment. However, Commerce has
not made a preliminary affirmative determination for a domestic subsidy
pass-through adjustment in this investigation.\13\ Commerce has offset
the calculated estimated weighted-average dumping margin by the
appropriate rate(s). Any such adjusted rates may be found in the chart
of estimated weighted-average dumping margins in the ``Preliminary
Determination'' section above.
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\13\ See sections, ``Adjustment Under Section 777A(F) of the
Act'' and ``Adjustment to Cash Deposit Rate for Export Subsidies''
in the Preliminary Decision Memorandum.
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Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for
export subsidies at the time the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify information relied upon in making its final determination.
Public Comment
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
final 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
[[Page 885]]
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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Additionally, case briefs regarding scope issues may be submitted
within ten days after the date of publication of this notice in the
Federal Register. Rebuttal briefs regarding scope issues, limited to
those issues in the scope case briefs, may be submitted no later than
five days after the deadline for scope case briefs. All scope case and
rebuttal briefs must be filed identically on the records of this
investigation and the concurrent CVD investigation of collated staples.
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.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioners. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of a final antidumping
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
Pursuant to 19 CFR 351.210(e), Tianjin JXSL, Kyocera Senco
Industrial Tools, Inc. (the petitioner), and Tianjin Hweschun requested
that Commerce postpone the final determination. Additionally, Tianjin
JXSL and Tianjin Hweschun requested that provisional measures be
extended to a period not to exceed six months.\15\ In accordance with
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because:
(1) The preliminary determination is affirmative; (2) the requesting
exporters account for a significant proportion of exports of the
subject merchandise; and (3) no compelling reasons for denial exist,
Commerce is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, Commerce's final determination will be
issued no later than 135 days after the date of publication of this
preliminary determination.
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\15\ See Tianjin JXSL's Letter, ``Collated Steel Staples from
the People's Republic of China: Conditional Request for Extension of
Final Determination,'' dated December 6, 2019; see also Petitioner's
Letter, ``Certain Collated Steel Staples from the People's Republic
of China: Request for Postponement of the Final Determination,''
dated December 10, 2019; and Tianjin Hweschun's Letter, ``Certain
Collated Steel Staples from China: Request to Fully Extend the Final
Determination,'' dated December 12, 2019.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether these imports of the subject merchandise are
materially injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: January 2, 2020.
Jeffrey I. Kessler,
Assistant Secretar 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 investigation 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 this investigation
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 this investigation 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 this investigation 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. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional
Measures
V. Scope Comments
VI. Scope of the Investigation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Adjustment Under Section 777(A)(f) of the Act
X. Critical Circumstances
XI. Adjustment for Countervailable Export Subsidies
XII. Conclusion
[FR Doc. 2020-00103 Filed 1-7-20; 8:45 am]
BILLING CODE 3510-DS-P
