Certain Steel Nails From the Republic of Korea, Malaysia, Taiwan, and the Socialist Republic of Vietnam: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders, 63094-63095 [2020-22046]

Download as PDF 63094 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Notices provisional measures and before definitive measures were put into place), if such a gap period is applicable to the POR. Administrative Protective Orders and Letters of Appearance Interested parties must submit applications for disclosure under administrative protective orders in accordance with the procedures outlined in Commerce’s regulations at 19 CFR 351.305. Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that they meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). khammond on DSKJM1Z7X2PROD with NOTICES Factual Information Requirements Commerce’s regulations identify five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)–(iv). These regulations require any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The regulations, at 19 CFR 351.301, also provide specific time limits for such factual submissions based on the type of factual information being submitted. Please review the Final Rule,5 available at https://enforcement.trade.gov/frn/ 2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment. Note that Commerce has temporarily modified certain of its requirements for serving documents 5 See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also the frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. VerDate Sep<11>2014 17:52 Oct 05, 2020 Jkt 253001 containing business proprietary information, until further notice.6 Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information using the formats provided at the end of the Final Rule.7 Commerce intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable certification requirements. Extension of Time Limits Regulation Parties may request an extension of time limits before a time limit established under part 351 expires, or as otherwise specified by Commerce.8 In general, an extension request will be considered untimely if it is filed after the time limit established under part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate country and surrogate values and rebuttal; (4) comments concerning CBP data; and (5) Q&V questionnaires. Under certain circumstances, Commerce may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, Commerce will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This policy also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which Commerce will grant untimely-filed requests for the extension of time limits. Please review the Final Rule, available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/ html/2013-22853.htm, prior to 6 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). 7 See section 782(b) of the Act; see also Final Rule; and the frequently asked questions regarding the Final Rule, available at https:// enforcement.trade.gov/tlei/notices/factual_info_ final_rule_FAQ_07172013.pdf. 8 See 19 CFR 351.302. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 submitting factual information in these segments. These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: October 1, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2020–22178 Filed 10–5–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–874, A–557–816, A–583–854, A–552– 818] Certain Steel Nails From the Republic of Korea, Malaysia, Taiwan, and the Socialist Republic of Vietnam: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of these expedited sunset reviews, Commerce finds that revocation of the antidumping duty (AD) orders on certain steel nails (nails) from the Republic of Korea (Korea), Malaysia, Taiwan, and the Socialist Republic of Vietnam (Vietnam) would be likely to lead to the continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable October 6, 2020. FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4798. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 1, 2020, Commerce published the notice of initiation of the first sunset review of the AD orders on nails from Korea, Malaysia, Taiwan, and Vietnam pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).1 On June 9, 2020, Commerce received notices of intent to participate from Mid Continent Steel & Wire, Inc. (Mid Continent) within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i).2 1 See Initiation of Five-Year (Sunset) Reviews, 85 FR 33088 (June 1, 2020). 2 See Mid Continent’s Letter, ‘‘Certain Steel Nails from the Republic of Korea, the Sultanate of Oman, E:\FR\FM\06OCN1.SGM 06OCN1 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Notices Mid Continent claimed interested party status under section 771(9)(C) of the Act as a producer of nails in the United States. On July 1, 2020, Commerce received adequate substantive responses to the notice of initiation from Mid Continent within the 30-day deadline specified in 19 CFR 351.218(d)(1)(i).3 We received no substantive responses from respondent interested parties with respect to any of the orders covered by these sunset reviews. On July 21, 2020, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.4 As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120day) sunset reviews of the AD orders on nails from Korea, Malaysia, Taiwan, and Vietnam. khammond on DSKJM1Z7X2PROD with NOTICES Scope of the Orders The merchandise covered by these orders is nails having a nominal shaft length not exceeding 12 inches.5 Merchandise covered by the orders is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Nails subject to these orders also may be classified under HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these orders is dispositive.6 Malaysia, the Republic of China (‘‘Taiwan’’), and the Socialist Republic of Vietnam: Notice of Intent to Participate,’’ dated June 9, 2020. 3 See Mid Continent’s Letter, ‘‘Certain Steel Nails from the Republic of Korea, the Sultanate of Oman, Malaysia, Taiwan, and the Socialist Republic of Vietnam: Substantive Response to the Notice of Initiation of Sunset Reviews,’’ dated July 1, 2020. 4 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on June 1, 2020,’’ dated July 21, 2020. 5 The shaft length of certain steel nails with flat heads or parallel shoulders under the head shall be measured from under the head or shoulder to the tip of the point. The shaft length of all other certain steel nails shall be measured overall. 6 For a complete description of the scope of these orders, see Memorandum, ‘‘Issues and Decision Memorandum for the Expedited First Sunset Reviews of the Antidumping Duty Orders on Certain Steel Nails from the Republic of Korea, VerDate Sep<11>2014 17:52 Oct 05, 2020 Jkt 253001 Analysis of Comments Received A complete discussion of all issues raised in these sunset reviews, including the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margins likely to prevail if the AD orders were revoked, is provided in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at https:// enforcement.trade.gov/frn. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Reviews Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the AD orders on nails from Korea, Malaysia, Taiwan, and Vietnam would be likely to lead to the continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail is up to 11.80 percent for Korea, 39.35 percent for Malaysia, 2.24 percent for Taiwan, and 323.99 percent for Vietnam. Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218. Malaysia, Taiwan, and the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by this notice (Issues and Decision Memorandum). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 63095 Dated: September 29, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues A. Likelihood of Continuation or Recurrence of Dumping B. Magnitude of the Dumping Margins Likely to Prevail VII. Final Results of Sunset Reviews VIII. Recommendation [FR Doc. 2020–22046 Filed 10–5–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–907] Ultra-High Molecular Weight Polyethylene From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Commerce) preliminarily determines that ultra-high molecular weight polyethylene (ultra-high polyethylene) from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value. The period of investigation is January 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination. SUMMARY: DATES: Applicable October 6, 2020. Ian Hamilton, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4798. FOR FURTHER INFORMATION CONTACT: 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 E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Notices]
[Pages 63094-63095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22046]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-874, A-557-816, A-583-854, A-552-818]


Certain Steel Nails From the Republic of Korea, Malaysia, Taiwan, 
and the Socialist Republic of Vietnam: Final Results of the Expedited 
First Sunset Reviews of the Antidumping Duty Orders

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

SUMMARY: As a result of these expedited sunset reviews, Commerce finds 
that revocation of the antidumping duty (AD) orders on certain steel 
nails (nails) from the Republic of Korea (Korea), Malaysia, Taiwan, and 
the Socialist Republic of Vietnam (Vietnam) would be likely to lead to 
the continuation or recurrence of dumping at the levels indicated in 
the ``Final Results of Review'' section of this notice.

DATES: Applicable October 6, 2020.

FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4798.

SUPPLEMENTARY INFORMATION: 

Background

    On June 1, 2020, Commerce published the notice of initiation of the 
first sunset review of the AD orders on nails from Korea, Malaysia, 
Taiwan, and Vietnam pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).\1\ On June 9, 2020, Commerce received 
notices of intent to participate from Mid Continent Steel & Wire, Inc. 
(Mid Continent) within the 15-day deadline specified in 19 CFR 
351.218(d)(1)(i).\2\

[[Page 63095]]

Mid Continent claimed interested party status under section 771(9)(C) 
of the Act as a producer of nails in the United States.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (Sunset) Reviews, 85 FR 33088 
(June 1, 2020).
    \2\ See Mid Continent's Letter, ``Certain Steel Nails from the 
Republic of Korea, the Sultanate of Oman, Malaysia, the Republic of 
China (``Taiwan''), and the Socialist Republic of Vietnam: Notice of 
Intent to Participate,'' dated June 9, 2020.
---------------------------------------------------------------------------

    On July 1, 2020, Commerce received adequate substantive responses 
to the notice of initiation from Mid Continent within the 30-day 
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ We received no 
substantive responses from respondent interested parties with respect 
to any of the orders covered by these sunset reviews.
---------------------------------------------------------------------------

    \3\ See Mid Continent's Letter, ``Certain Steel Nails from the 
Republic of Korea, the Sultanate of Oman, Malaysia, Taiwan, and the 
Socialist Republic of Vietnam: Substantive Response to the Notice of 
Initiation of Sunset Reviews,'' dated July 1, 2020.
---------------------------------------------------------------------------

    On July 21, 2020, Commerce notified the U.S. International Trade 
Commission that it did not receive an adequate substantive response 
from respondent interested parties.\4\ As a result, pursuant to 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted expedited (120-day) sunset reviews of the AD orders on nails 
from Korea, Malaysia, Taiwan, and Vietnam.
---------------------------------------------------------------------------

    \4\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1, 
2020,'' dated July 21, 2020.
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by these orders is nails having a nominal 
shaft length not exceeding 12 inches.\5\ Merchandise covered by the 
orders is currently classified under the Harmonized Tariff Schedule of 
the United States (HTSUS) subheadings 7317.00.55.02, 7317.00.55.03, 
7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 
7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 
7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 
7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 
7317.00.75.00. Nails subject to these orders also may be classified 
under HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS 
subheadings. While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of these 
orders is dispositive.\6\
---------------------------------------------------------------------------

    \5\ The shaft length of certain steel nails with flat heads or 
parallel shoulders under the head shall be measured from under the 
head or shoulder to the tip of the point. The shaft length of all 
other certain steel nails shall be measured overall.
    \6\ For a complete description of the scope of these orders, see 
Memorandum, ``Issues and Decision Memorandum for the Expedited First 
Sunset Reviews of the Antidumping Duty Orders on Certain Steel Nails 
from the Republic of Korea, Malaysia, Taiwan, and the Socialist 
Republic of Vietnam,'' dated concurrently with, and hereby adopted 
by this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews, 
including the likelihood of continuation or recurrence of dumping and 
the magnitude of the dumping margins likely to prevail if the AD orders 
were revoked, is provided in the Issues and Decision Memorandum. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. A 
list of topics discussed in the Issues and Decision Memorandum is 
included as an appendix to this notice. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed directly on the 
internet at https://enforcement.trade.gov/frn. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Final Results of Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the AD orders on nails from 
Korea, Malaysia, Taiwan, and Vietnam would be likely to lead to the 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margins likely to prevail is up to 11.80 percent for Korea, 
39.35 percent for Malaysia, 2.24 percent for Taiwan, and 323.99 percent 
for Vietnam.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely notification of the return or destruction of APO 
materials or conversion to judicial protective orders is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: September 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
    A. Likelihood of Continuation or Recurrence of Dumping
    B. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation

[FR Doc. 2020-22046 Filed 10-5-20; 8:45 am]
BILLING CODE 3510-DS-P
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