80_FR_29056 80 FR 28959 - Certain Steel Nails From Taiwan: Final Determination of Sales at Less Than Fair Value

80 FR 28959 - Certain Steel Nails From Taiwan: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 97 (May 20, 2015)

Page Range28959-28962
FR Document2015-12247

The Department of Commerce (the Department) determines that imports of certain steel nails from Taiwan are being sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The final weighted-average dumping margins of sales at LTFV are listed below in the section entitled ``Final Determination Margins.''

Federal Register, Volume 80 Issue 97 (Wednesday, May 20, 2015)
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 28959-28962]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12247]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-854]


Certain Steel Nails From Taiwan: Final Determination of Sales at 
Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of certain steel nails from Taiwan are being sold in the United 
States at less than fair value (LTFV), as provided in section 735 of 
the Tariff Act

[[Page 28960]]

of 1930, as amended (the Act). The final weighted-average dumping 
margins of sales at LTFV are listed below in the section entitled 
``Final Determination Margins.''

DATES: Effective Date: May 20, 2015.

FOR FURTHER INFORMATION CONTACT: Victoria Cho or Scott Hoefke, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5075 or (202) 482-4947.

SUPPLEMENTARY INFORMATION: 

Background

    On December 29, 2014, the Department published in the Federal 
Register the preliminary determination in the LTFV investigation of 
Certain Steel Nails from Taiwan.\1\ In the Preliminary Determination, 
we postponed the final determination until no later than 135 days after 
the publication of the Preliminary Determination in accordance with 
section 735(a)(2)(B) of the Act and 19 CFR 351.210(b)(2)(i) and invited 
parties to comment on our Preliminary Determination.
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    \1\ See Certain Steel Nails From Taiwan: Negative Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 79 FR 78053, 78054 (December 29, 2014) 
(Preliminary Determination).
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    On the same day, we received timely-filed allegations from 
Respondents \2\ that the Department made ministerial errors in 
calculating their dumping margins in this proceeding.\3\ Also on 
December 29, 2014, we received allegations from Petitioner \4\ that the 
Department made significant ministerial errors in calculating the 
dumping margins for the Preliminary Determination.\5\ In addition, 
Petitioner requested a disclosure meeting.\6\ Subsequently, Respondents 
also requested to attend the disclosure meeting.\7\ On January 7, 2015, 
the Department held disclosure meetings with both parties.\8\
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    \2\ The mandatory respondents are PT Enterprise, Inc. (PT) and 
its affiliated manufacturer, Pro-Team Coil Nail Enterprise, Inc. 
(Proteam); and Quick Advance, Inc. (Quick Advance) and its 
affiliated manufacturer, Ko's Nail, Inc. (Ko) (collectively, 
Respondents).
    \3\ See Letter from Respondents, regarding ``PT Enterprise and 
Quick Advance, Request to Correct Clerical Errors in Preliminary 
Determination; Antidumping Duty Investigation of Certain Steel Nails 
from Taiwan,'' dated December 29, 2014 (Respondents Allegations 
Letter).
    \4\ The petitioner is Mid Continent Steel & Wire, Inc. 
(Petitioner).
    \5\ See Letter from Petitioner, regarding ``Certain Steel Nails 
from Taiwan: Allegations of Significant Ministerial Error and 
Request for Disclosure Meeting,'' dated December 29, 2014 
(Petitioner Allegations Letter).
    \6\ Id.
    \7\ See Letter from Respondents, regarding ``PT Enterprise and 
Quick Advance, Request to Attend Disclosure Meeting; Antidumping 
Duty Investigation of Certain Steel Nails from Taiwan,'' dated 
January 6, 2014.
    \8\ See Memoranda to the file from Scott Hoefke, ``Certain Steel 
Nails from Taiwan,'' regarding ex parte disclosure meetings with 
Petitioner and Respondents, dated January 8, 2014.
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    Between January 26, 2015, and February 6, 2015, the Department 
conducted verifications in Taiwan of the sales and cost information 
submitted by Quick Advance, Ko, PT and Proteam. In accordance with 19 
CFR 351.309(c)(1)(i), we invited parties to comment on our Preliminary 
Determination. On March 30, 2015, the Department released its 
Ministerial Error Allegation Memo.\9\ On March 31, 2015, Petitioner and 
Respondents submitted case briefs. Each of these parties submitted 
rebuttal briefs on April 9, 2015.
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    \9\ See the Department's March 20, 2015, Memorandum to Christian 
Marsh entitled, ``Ministerial Error Allegations in the Preliminary 
Determination of the Antidumping Duty Investigation of Certain Steel 
Nails from Taiwan,'' (Ministerial Error Allegation Memo).
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Period of Investigation

    The period of investigation is April 1, 2013, through March 31, 
2014.

Scope of the Investigation

    The product covered by this investigation is certain steel nails 
from Taiwan. For a full description of the scope of the investigation, 
see Appendix I to this notice.
    Since the Preliminary Determination, several interested parties 
(i.e., IKEA Supply AG, The Home Depot, Target Corporation, and 
Petitioner) commented on the scope of these investigations. The 
Department reviewed these comments and made certain changes. For 
further discussion, see the Issues and Decision Memorandum.\10\ The 
scope in Appendix I reflects all modifications to the scope made by the 
Department for this final determination.
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    \10\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Abdelali Elouaradia, Office Director, Office VI, Enforcement and 
Compliance Operations, ``Issues and Decision Memorandum for the 
Affirmative Final Determination in the Less than Fair Value 
Investigation of Certain Nails from Taiwan,'' dated concurrently 
with this determination and hereby adopted by this notice.
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Verification

    As provided in section 782(i) of the Act, in January 2015 through 
February 2015, we conducted verification of the sales and cost 
information submitted by PT Enterprises, Inc. (PT) and its affiliated 
producer Pro-Team Coil Nail Enterprise, Inc. (Proteam), and Quick 
Advance, Inc. (Quick Advance) and its affiliated producer Ko's Nail, 
Inc. (Ko) for use in our final determination. We used standard 
verification procedures including an examination of relevant accounting 
and production records, and original source documents provided by PT 
and its affiliate, Proteam, and Quick Advance and its affiliate, 
Ko.\11\
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    \11\ See Quick Advance's February 26, 2015, Memorandum to the 
File entitled, ``Verification of the Sales Response of Quick 
Advance, Inc. and Ko's Nail, Inc. in the Investigation of Nails from 
Taiwan'' (Quick Advance's sales verification memo); PT's February 
26, 2015, Memorandum to the File entitled, ``Verification of the 
Sales Response of PT Enterprises, Inc. and Proteam Coil Nail 
Enterprises. Inc. in the Investigation of Nails from Taiwan'' (PT's 
sales verification memo); Memorandum from Gina K. Lee to Neal M. 
Halper entitled, ``Verification of the Cost Response of Quick 
Advance Inc. and Ko Nail Inc. in the Antidumping Duty Investigation 
of Certain Steel Nails from Taiwan, dated March 18, 2015 (Ko's Cost 
Verification Report); and also see Memorandum from Laurens Van 
Houten to Neal M. Halper entitled, ``Verification of the Cost 
Response of PT Enterprise Inc. in the Antidumping Duty Investigation 
of Certain Steel Nails from Taiwan,'' dated March 19, 2015 (PT's 
Cost Verification Report).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum. 
A list of the issues raised is attached to this notice as Appendix II. 
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 http://access.trade.gov; the 
memorandum is available to all parties in the Central Records Unit, 
room 7046 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, and minor corrections presented at verification, we made 
certain changes to Respondents' margin calculations since the 
Preliminary Determination. As a result of those changes, the Department 
is no longer making a negative determination of sales at less than fair 
value. For a discussion of these changes,

[[Page 28961]]

see the Issues and Decision Memorandum.
    For Quick Advance:
     We used an updated sales and cost database submitted by 
Quick Advance which reflects minor corrections and findings from the 
sales and cost verifications.
     We revised the programing language to reflect the changes 
to constructed value (CV).
     We revised the calculation of CV.
     We added in lines of code to take into account quantity 
adjustments.
     We added credit expenses and inventory carrying cost 
incurred in Taiwan to account for expenses reported in Taiwanese 
dollars.
     We made changes to Quick Advance's reported cost data as 
set forth in the Quick Advance's Final Cost Memo.
    For PT:
     We used updated sale database by PT which reflect minor 
corrections presented during the verification of these companies.
     We revised the programing language to reflect the changes 
to CV.
     We revised the calculation of CV.
     We added in lines of code to take into account quantity 
adjustments.
     We made changes to PT's reported cost data as set forth in 
the PT's Final Cost Memo.

Final Determination

    The Department determines that the following weighted-average 
dumping margins exist for the period April 1, 2013, through March 31, 
2014:

------------------------------------------------------------------------
                                                        Weighted-average
                 Exporter or producer                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
Quick Advance Inc....................................               0.00
PT Enterprises Inc...................................               2.24
All Others...........................................               2.24
------------------------------------------------------------------------

All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and any margins determined entirely under section 776 
of the Act. The weighted-average margin for exporters and producers 
individually investigated that meets these criteria is that of PT. 
Therefore, the All-Others rate is the rate calculated for PT, as 
indicated in the ``Final Determination Margins'' section above.

Disclosure

    We will disclose to parties in this proceeding the calculations 
performed for this final determination within five days of the date of 
public announcement of our final determination, in accordance with 19 
CFR 351.224(b).

Suspension of Liquidation

    Pursuant to sections 735(c)(1)(B) and (C) of the Act, the 
Department will instruct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of all entries of certain steel nails from Taiwan, 
except for those from Quick Advance, which are entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final determination. For Quick Advance and Ko, because their 
estimated weighted-average final dumping margins are zero, we are not 
directing CBP to suspend liquidation of entries of nails produced and 
exported by these companies. We will not instruct CBP to suspend 
liquidation of any entries of certain steel nails from as described in 
the ``Scope of the Investigation'' in Appendix I which are entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice. We will instruct CBP to require a cash 
deposit equal to the weighted-average amount by which normal value 
exceeds U.S. price, as follows: (1) The rate for PT will be the rate we 
determined in this final determination; (2) if the exporter is not a 
firm identified in this investigation but the producer is, the rate 
will be the rate established for the producer of the subject 
merchandise; (3) the rate for all other producers or exporters will be 
2.24 percent. These suspension of liquidation instructions will remain 
in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of our final determination. 
As our final determination is affirmative, in accordance with section 
735(b)(3) of the Act, the ITC will determine within 75 days whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that such injury exists, the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Return or Destruction of Proprietary Information

    This notice will serve as a 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 destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: May 13, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is certain steel 
nails having a nominal shaft length not exceeding 12 inches.\12\ 
Certain steel nails include, but are not limited to, nails made from 
round wire and nails that are cut from flat-rolled steel. Certain 
steel nails may be of one piece construction or constructed of two 
or more pieces. Certain steel nails may be produced from any type of 
steel, and may have any type of surface finish, head type, shank, 
point type and shaft diameter. Finishes include, but are not limited 
to, coating in vinyl, zinc (galvanized, including but not limited to 
electroplating or hot dipping one or more times), phosphate, cement, 
and paint. Certain steel nails may have one or more surface 
finishes. Head styles include, but are not limited to, flat, 
projection, cupped, oval, brad, headless, double, countersunk, and 
sinker. Shank styles include, but are not limited to, smooth, 
barbed, screw threaded, ring shank and fluted. Screw-threaded nails 
subject to this proceeding are driven using direct force and not by 
turning the nail using a tool that engages with the head. Point 
styles include, but are not limited to, diamond, needle, chisel and 
blunt or no point. Certain steel nails may be sold in bulk, or they 
may be collated in any manner using any material.
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    \12\ 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.
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    Excluded from the scope of this investigation are certain steel 
nails packaged in combination with one or more non-subject articles, 
if the total number of nails of all

[[Page 28962]]

types, in aggregate regardless of size, is less than 25. If packaged 
in combination with one or more non-subject articles, certain steel 
nails remain subject merchandise if the total number of nails of all 
types, in aggregate regardless of size, is equal to or greater than 
25, unless otherwise excluded based on the other exclusions below.
    Also excluded from the scope are certain steel nails with a 
nominal shaft length of one inch or less that are (a) a component of 
an unassembled article, (b) the total number of nails is sixty (60) 
or less, and (c) the imported unassembled article falls into one of 
the following eight groupings: (1) Builders' joinery and carpentry 
of wood that are classifiable as windows, French-windows and their 
frames; (2) builders' joinery and carpentry of wood that are 
classifiable as doors and their frames and thresholds; (3) swivel 
seats with variable height adjustment; (4) seats that are 
convertible into beds (with the exception of those classifiable as 
garden seats or camping equipment); (5) seats of cane, osier, bamboo 
or similar materials; (6) other seats with wooden frames (with the 
exception of seats of a kind used for aircraft or motor vehicles); 
(7) furniture (other than seats) of wood (with the exception of i) 
medical, surgical, dental or veterinary furniture; and ii) barbers' 
chairs and similar chairs, having rotating as well as both reclining 
and elevating movements); or (8) furniture (other than seats) of 
materials other than wood, metal, or plastics (e.g., furniture of 
cane, osier, bamboo or similar materials). The aforementioned 
imported unassembled articles are currently classified under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 
9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or 
9403.89.
    Also excluded from the scope of this investigation are steel 
nails that meet the specifications of Type I, Style 20 nails as 
identified in Tables 29 through 33 of ASTM Standard F1667 (2013 
revision).
    Also excluded from the scope of this investigation are nails 
suitable for use in powder-actuated hand tools, whether or not 
threaded, which are currently classified under HTSUS subheadings 
7317.00.20.00 and 7317.00.30.00.
    Also excluded from the scope of this investigation are nails 
having a case hardness greater than or equal to 50 on the Rockwell 
Hardness C scale (HRC), a carbon content greater than or equal to 
0.5 percent, a round head, a secondary reduced-diameter raised head 
section, a centered shank, and a smooth symmetrical point, suitable 
for use in gas-actuated hand tools.
    Also excluded from the scope of this investigation are 
corrugated nails. A corrugated nail is made up of a small strip of 
corrugated steel with sharp points on one side.
    Also excluded from the scope of this investigation are thumb 
tacks, which are currently classified under HTSUS subheading 
7317.00.10.00.
    Certain steel nails subject to this investigation are currently 
classified under 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. Certain steel nails subject to this investigation 
also may be classified under HTSUS subheading 8206.00.00.00 or other 
HTSUS subheadings.
    While the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of this 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

Case Issues:

I. Summary
II. General Issues
III. Background
IV. Scope of the Investigation
V. Scope Comments
VI. Discussion of the Issues
VII. Conclusion

General Issues

Comment 1: Taiwan Nails CV Profit and the Use of Financial 
Statements
Comment 2: The Department Should Rely on the Average-to-Average 
Methodology without Zeroing in the Final Determination
Comment 3: The Department Should Determine that Quick Advance and PT 
are Affiliated with Their Respective Largest U.S. Customers
Comment 4: Whether a Middleman Dumping Investigation is Warranted
Comment 5: The Department's Calculation of Constructed Value for PT 
and Quick Advance
Comment 6: The Department's Calculation of Surrogate Credit Expense 
Ratio
Comment 7: The Department's Calculation of Indirect and Direct 
Selling Expense Ratio to Categorize Chun Yu's Works & Co.'s Selling 
Expenses
Comment 8: The Department's Calculation of Indirect and Direct 
Selling Expense Ratio to Properly Account for OFCO's Selling 
Expenses
Comment 9: The Department's Treatment of PT's and Quick Advance's 
U.S. Prices for Commission/Compensation Paid to its Unaffiliated 
Taiwanese Selling Agent and Unaffiliated Taiwanese Trading Company

Issues Pertaining to PT and Proteam

Comment 10: The Department Should Assign Partial AFA to PT's 
Unreported Sales of Subject Merchandise
Comment 11: Transactions disregarded--Tolling Activities
Comment 12: Threading Costs
Comment 13: General and Administrative Expense

Issues Pertaining to Quick Advance and Ko

Comment 14: The Department Should Rely on Quick Advance/Ko's Section 
C Database Submitted After Verification
Comment 15: Ko's Raw Materials
Comment 16: Ko's Phosphate Coating Costs

[FR Doc. 2015-12247 Filed 5-19-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices                                                  28959

                                                  examined company is de minimis, we                        and nails that are cut from flat-rolled steel.         Also excluded from the scope of this
                                                  determine that countervailable subsidies                  Certain steel nails may be of one piece              investigation are nails suitable for use in
                                                  are not being provided to producers or                    construction or constructed of two or more           powder-actuated hand tools, whether or not
                                                                                                            pieces. Certain steel nails may be produced          threaded, which are currently classified
                                                  exporters of nails in Oman. We have not                   from any type of steel, and may have any             under HTSUS subheadings 7317.00.20.00
                                                  calculated an all-others rate pursuant to                 type of surface finish, head type, shank, point      and 7317.00.30.00.
                                                  sections 705(c)(1)(B) and (c)(5) of the                   type and shaft diameter. Finishes include,             Also excluded from the scope of this
                                                  Tariff Act of 1930, as amended (the Act)                  but are not limited to, coating in vinyl, zinc       investigation are nails having a case hardness
                                                  because we have not reached an                            (galvanized, including but not limited to            greater than or equal to 50 on the Rockwell
                                                  affirmative final determination. Because                  electroplating or hot dipping one or more            Hardness C scale (HRC), a carbon content
                                                  our final determination is negative, this                 times), phosphate, cement, and paint. Certain        greater than or equal to 0.5 percent, a round
                                                                                                            steel nails may have one or more surface             head, a secondary reduced-diameter raised
                                                  proceeding is terminated in accordance
                                                                                                            finishes. Head styles include, but are not           head section, a centered shank, and a smooth
                                                  with section 705(c)(2) of the Act.                        limited to, flat, projection, cupped, oval,          symmetrical point, suitable for use in gas-
                                                     In the Preliminary Determination, the                  brad, headless, double, countersunk, and             actuated hand tools.
                                                  total net countervailable subsidy rate for                sinker. Shank styles include, but are not              Also excluded from the scope of this
                                                  the individually examined respondent                      limited to, smooth, barbed, screw threaded,          investigation are corrugated nails. A
                                                  was de minimis and, therefore, we did                     ring shank and fluted. Screw-threaded nails          corrugated nail is made up of a small strip
                                                  not suspend liquidation of entries of                     subject to this proceeding are driven using          of corrugated steel with sharp points on one
                                                  nails from Oman.4 Because the                             direct force and not by turning the nail using       side.
                                                                                                            a tool that engages with the head. Point styles        Also excluded from the scope of this
                                                  estimated subsidy rate for the examined
                                                                                                            include, but are not limited to, diamond,            investigation are thumb tacks, which are
                                                  company is de minimis in this final                       needle, chisel and blunt or no point. Certain        currently classified under HTSUS
                                                  determination, we are not directing U.S.                  steel nails may be sold in bulk, or they may         subheading 7317.00.10.00.
                                                  Customs and Border Protection to                          be collated in any manner using any material.          Certain steel nails subject to this
                                                  suspend liquidation of entries of nails                      Excluded from the scope of this                   investigation are currently classified under
                                                  from the Sultanate of Oman.                               investigation are certain steel nails packaged       HTSUS subheadings 7317.00.55.02,
                                                                                                            in combination with one or more non-subject          7317.00.55.03, 7317.00.55.05, 7317.00.55.07,
                                                  United States International Trade                         articles, if the total number of nails of all        7317.00.55.08, 7317.00.55.11, 7317.00.55.18,
                                                  Commission (USITC) Notification                           types, in aggregate regardless of size, is less      7317.00.55.19, 7317.00.55.20, 7317.00.55.30,
                                                                                                            than 25. If packaged in combination with one         7317.00.55.40, 7317.00.55.50, 7317.00.55.60,
                                                     In accordance with section 705(d) of
                                                                                                            or more non-subject articles, certain steel          7317.00.55.70, 7317.00.55.80, 7317.00.55.90,
                                                  the Act, we will notify the USITC of our                  nails remain subject merchandise if the total
                                                  final determination. Because our final                                                                         7317.00.65.30, 7317.00.65.60 and
                                                                                                            number of nails of all types, in aggregate           7317.00.75.00. Certain steel nails subject to
                                                  determination is negative, this                           regardless of size, is equal to or greater than      this investigation also may be classified
                                                  investigation is terminated.                              25, unless otherwise excluded based on the           under HTSUS subheading 8206.00.00.00 or
                                                                                                            other exclusions below.                              other HTSUS subheadings.
                                                  Return or Destruction of Proprietary                         Also excluded from the scope are certain
                                                  Information                                                                                                      While the HTSUS subheadings are
                                                                                                            steel nails with a nominal shaft length of one       provided for convenience and customs
                                                    This notice serves as the only                          inch or less that are (a) a component of an          purposes, the written description of the
                                                  reminder to parties subject to an                         unassembled article, (b) the total number of         scope of this investigation is dispositive.
                                                                                                            nails is sixty (60) or less, and (c) the imported
                                                  administrative protective order (APO) of                  unassembled article falls into one of the            Appendix II—List of Topics in the
                                                  their responsibility concerning the                       following eight groupings: (1) Builders’             Issues and Decision Memorandum
                                                  destruction of proprietary information                    joinery and carpentry of wood that are
                                                  disclosed under APO in accordance                         classifiable as windows, French-windows              I. SUMMARY
                                                  with 19 CFR 351.305(a)(3). Timely                         and their frames; (2) builders’ joinery and          II. BACKGROUND
                                                  written notification of the return/                       carpentry of wood that are classifiable as           III. SCOPE OF THE INVESTIGATION
                                                                                                            doors and their frames and thresholds; (3)           IV. SCOPE COMMENTS
                                                  destruction of APO materials or                                                                                V. SUBSIDIES VALUATION
                                                  conversion to judicial protective order is                swivel seats with variable height adjustment;
                                                                                                            (4) seats that are convertible into beds (with       VI. ANALYSIS OF PROGRAMS
                                                  hereby requested. Failure to comply                       the exception of those classifiable as garden        VII. ANALYSIS OF COMMENTS
                                                  with the regulations and terms of an                      seats or camping equipment); (5) seats of            VIII. RECOMMENDATION
                                                  APO is a violation that is subject to                     cane, osier, bamboo or similar materials; (6)        [FR Doc. 2015–12263 Filed 5–19–15; 8:45 am]
                                                  sanction.                                                 other seats with wooden frames (with the             BILLING CODE 3510–DS–P
                                                    This determination is issued and                        exception of seats of a kind used for aircraft
                                                  published pursuant to sections 705(d)                     or motor vehicles); (7) furniture (other than
                                                  and 777(i) of the Act.                                    seats) of wood (with the exception of (i)
                                                                                                                                                                 DEPARTMENT OF COMMERCE
                                                                                                            medical, surgical, dental or veterinary
                                                    Dated: May 13, 2015.                                    furniture; and ii) barbers’ chairs and similar
                                                  Christian Marsh,                                          chairs, having rotating as well as both
                                                                                                                                                                 International Trade Administration
                                                  Deputy Assistant Secretary for Antidumping                reclining and elevating movements); or (8)           [A–583–854]
                                                  and Countervailing Duty Operations.                       furniture (other than seats) of materials other
                                                                                                            than wood, metal, or plastics (e.g., furniture       Certain Steel Nails From Taiwan: Final
                                                  Appendix I—Scope of the Investigation                     of cane, osier, bamboo or similar materials).        Determination of Sales at Less Than
                                                    The merchandise covered by this                         The aforementioned imported unassembled              Fair Value
                                                  investigation is certain steel nails having a             articles are currently classified under the
                                                  nominal shaft length not exceeding 12                     following Harmonized Tariff Schedule of the          AGENCY:   Enforcement and Compliance,
                                                                                                            United States (HTSUS) subheadings: 4418.10,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  inches.5 Certain steel nails include, but are                                                                  International Trade Administration,
                                                  not limited to, nails made from round wire                4418.20, 9401.30, 9401.40, 9401.51, 9401.59,         Department of Commerce.
                                                                                                            9401.61, 9401.69, 9403.30, 9403.40, 9403.50,         SUMMARY: The Department of Commerce
                                                                                                            9403.60, 9403.81 or 9403.89.
                                                    4 See  Preliminary Determination, 79 FR at 65179.
                                                                                                               Also excluded from the scope of this
                                                                                                                                                                 (the Department) determines that
                                                    5 The  shaft length of certain steel nails with flat
                                                                                                            investigation are steel nails that meet the          imports of certain steel nails from
                                                  heads or parallel shoulders under the head shall be
                                                  measured from under the head or shoulder to the           specifications of Type I, Style 20 nails as          Taiwan are being sold in the United
                                                  tip of the point. The shaft length of all other certain   identified in Tables 29 through 33 of ASTM           States at less than fair value (LTFV), as
                                                  steel nails shall be measured overall.                    Standard F1667 (2013 revision).                      provided in section 735 of the Tariff Act


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                                                  28960                        Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices

                                                  of 1930, as amended (the Act). The final                the disclosure meeting.7 On January 7,                affiliated producer Pro-Team Coil Nail
                                                  weighted-average dumping margins of                     2015, the Department held disclosure                  Enterprise, Inc. (Proteam), and Quick
                                                  sales at LTFV are listed below in the                   meetings with both parties.8                          Advance, Inc. (Quick Advance) and its
                                                  section entitled ‘‘Final Determination                    Between January 26, 2015, and                       affiliated producer Ko’s Nail, Inc. (Ko)
                                                  Margins.’’                                              February 6, 2015, the Department                      for use in our final determination. We
                                                                                                          conducted verifications in Taiwan of the              used standard verification procedures
                                                  DATES:   Effective Date: May 20, 2015.                  sales and cost information submitted by               including an examination of relevant
                                                  FOR FURTHER INFORMATION CONTACT:                        Quick Advance, Ko, PT and Proteam. In                 accounting and production records, and
                                                  Victoria Cho or Scott Hoefke, AD/CVD                    accordance with 19 CFR                                original source documents provided by
                                                  Operations, Office VI, Enforcement and                  351.309(c)(1)(i), we invited parties to               PT and its affiliate, Proteam, and Quick
                                                  Compliance, International Trade                         comment on our Preliminary                            Advance and its affiliate, Ko.11
                                                  Administration, U.S. Department of                      Determination. On March 30, 2015, the
                                                                                                          Department released its Ministerial                   Analysis of Comments Received
                                                  Commerce, 14th Street and Constitution
                                                  Avenue NW., Washington, DC 20230;                       Error Allegation Memo.9 On March 31,                     All issues raised in the case and
                                                  telephone: (202) 482–5075 or (202) 482–                 2015, Petitioner and Respondents                      rebuttal briefs by parties in this
                                                  4947.                                                   submitted case briefs. Each of these                  investigation are addressed in the Issues
                                                                                                          parties submitted rebuttal briefs on                  and Decision Memorandum. A list of
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          April 9, 2015.                                        the issues raised is attached to this
                                                  Background                                                                                                    notice as Appendix II. The Issues and
                                                                                                          Period of Investigation                               Decision Memorandum is a public
                                                     On December 29, 2014, the                              The period of investigation is April 1,             document and is on file electronically
                                                  Department published in the Federal                     2013, through March 31, 2014.                         via Enforcement and Compliance’s
                                                  Register the preliminary determination                                                                        Antidumping and Countervailing Duty
                                                  in the LTFV investigation of Certain                    Scope of the Investigation
                                                                                                                                                                Centralized Electronic Service System
                                                  Steel Nails from Taiwan.1 In the                           The product covered by this                        (ACCESS). ACCESS is available to
                                                  Preliminary Determination, we                           investigation is certain steel nails from             registered users at http://
                                                  postponed the final determination until                 Taiwan. For a full description of the                 access.trade.gov; the memorandum is
                                                  no later than 135 days after the                        scope of the investigation, see Appendix              available to all parties in the Central
                                                  publication of the Preliminary                          I to this notice.                                     Records Unit, room 7046 of the main
                                                  Determination in accordance with                           Since the Preliminary Determination,               Department of Commerce building. In
                                                  section 735(a)(2)(B) of the Act and 19                  several interested parties (i.e., IKEA                addition, a complete version of the
                                                  CFR 351.210(b)(2)(i) and invited parties                Supply AG, The Home Depot, Target                     Issues and Decision Memorandum can
                                                  to comment on our Preliminary                           Corporation, and Petitioner) commented                be accessed directly at http://
                                                  Determination.                                          on the scope of these investigations. The
                                                                                                                                                                enforcement.trade.gov. The signed and
                                                     On the same day, we received timely-                 Department reviewed these comments
                                                                                                                                                                electronic versions of the Issues and
                                                  filed allegations from Respondents 2 that               and made certain changes. For further
                                                                                                                                                                Decision Memorandum are identical in
                                                  the Department made ministerial errors                  discussion, see the Issues and Decision
                                                                                                                                                                content.
                                                  in calculating their dumping margins in                 Memorandum.10 The scope in
                                                  this proceeding.3 Also on December 29,                  Appendix I reflects all modifications to              Changes Since the Preliminary
                                                  2014, we received allegations from                      the scope made by the Department for                  Determination
                                                  Petitioner 4 that the Department made                   this final determination.                                Based on our review and analysis of
                                                  significant ministerial errors in                       Verification                                          the comments received from parties,
                                                  calculating the dumping margins for the                                                                       and minor corrections presented at
                                                                                                            As provided in section 782(i) of the
                                                  Preliminary Determination.5 In                                                                                verification, we made certain changes to
                                                                                                          Act, in January 2015 through February
                                                  addition, Petitioner requested a                                                                              Respondents’ margin calculations since
                                                                                                          2015, we conducted verification of the
                                                  disclosure meeting.6 Subsequently,                                                                            the Preliminary Determination. As a
                                                                                                          sales and cost information submitted by
                                                  Respondents also requested to attend                                                                          result of those changes, the Department
                                                                                                          PT Enterprises, Inc. (PT) and its
                                                                                                                                                                is no longer making a negative
                                                    1 See Certain Steel Nails From Taiwan: Negative
                                                                                                             7 See Letter from Respondents, regarding ‘‘PT      determination of sales at less than fair
                                                  Preliminary Determination of Sales at Less Than         Enterprise and Quick Advance, Request to Attend       value. For a discussion of these changes,
                                                  Fair Value and Postponement of Final                    Disclosure Meeting; Antidumping Duty
                                                  Determination, 79 FR 78053, 78054 (December 29,         Investigation of Certain Steel Nails from Taiwan,’’      11 See Quick Advance’s February 26, 2015,
                                                  2014) (Preliminary Determination).                      dated January 6, 2014.
                                                    2 The mandatory respondents are PT Enterprise,                                                              Memorandum to the File entitled, ‘‘Verification of
                                                                                                             8 See Memoranda to the file from Scott Hoefke,
                                                                                                                                                                the Sales Response of Quick Advance, Inc. and Ko’s
                                                  Inc. (PT) and its affiliated manufacturer, Pro-Team     ‘‘Certain Steel Nails from Taiwan,’’ regarding ex     Nail, Inc. in the Investigation of Nails from Taiwan’’
                                                  Coil Nail Enterprise, Inc. (Proteam); and Quick         parte disclosure meetings with Petitioner and         (Quick Advance’s sales verification memo); PT’s
                                                  Advance, Inc. (Quick Advance) and its affiliated        Respondents, dated January 8, 2014.                   February 26, 2015, Memorandum to the File
                                                  manufacturer, Ko’s Nail, Inc. (Ko) (collectively,          9 See the Department’s March 20, 2015,
                                                                                                                                                                entitled, ‘‘Verification of the Sales Response of PT
                                                  Respondents).                                           Memorandum to Christian Marsh entitled,
                                                    3 See Letter from Respondents, regarding ‘‘PT
                                                                                                                                                                Enterprises, Inc. and Proteam Coil Nail Enterprises.
                                                                                                          ‘‘Ministerial Error Allegations in the Preliminary    Inc. in the Investigation of Nails from Taiwan’’
                                                  Enterprise and Quick Advance, Request to Correct        Determination of the Antidumping Duty                 (PT’s sales verification memo); Memorandum from
                                                  Clerical Errors in Preliminary Determination;           Investigation of Certain Steel Nails from Taiwan,’’   Gina K. Lee to Neal M. Halper entitled,
                                                  Antidumping Duty Investigation of Certain Steel         (Ministerial Error Allegation Memo).                  ‘‘Verification of the Cost Response of Quick
                                                  Nails from Taiwan,’’ dated December 29, 2014               10 See Memorandum to Christian Marsh, Deputy       Advance Inc. and Ko Nail Inc. in the Antidumping
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  (Respondents Allegations Letter).                       Assistant Secretary for Antidumping and               Duty Investigation of Certain Steel Nails from
                                                    4 The petitioner is Mid Continent Steel & Wire,
                                                                                                          Countervailing Duty Operations, from Abdelali         Taiwan, dated March 18, 2015 (Ko’s Cost
                                                  Inc. (Petitioner).                                      Elouaradia, Office Director, Office VI, Enforcement   Verification Report); and also see Memorandum
                                                    5 See Letter from Petitioner, regarding ‘‘Certain
                                                                                                          and Compliance Operations, ‘‘Issues and Decision      from Laurens Van Houten to Neal M. Halper
                                                  Steel Nails from Taiwan: Allegations of Significant     Memorandum for the Affirmative Final                  entitled, ‘‘Verification of the Cost Response of PT
                                                  Ministerial Error and Request for Disclosure            Determination in the Less than Fair Value             Enterprise Inc. in the Antidumping Duty
                                                  Meeting,’’ dated December 29, 2014 (Petitioner          Investigation of Certain Nails from Taiwan,’’ dated   Investigation of Certain Steel Nails from Taiwan,’’
                                                  Allegations Letter).                                    concurrently with this determination and hereby       dated March 19, 2015 (PT’s Cost Verification
                                                    6 Id.                                                 adopted by this notice.                               Report).



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                                                                                        Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices                                                     28961

                                                  see the Issues and Decision                                    Disclosure                                           subject merchandise entered, or
                                                  Memorandum.                                                      We will disclose to parties in this                withdrawn from warehouse, for
                                                     For Quick Advance:                                          proceeding the calculations performed                consumption on or after the effective
                                                     • We used an updated sales and cost                         for this final determination within five             date of the suspension of liquidation.
                                                  database submitted by Quick Advance                            days of the date of public                           Return or Destruction of Proprietary
                                                  which reflects minor corrections and                           announcement of our final                            Information
                                                  findings from the sales and cost                               determination, in accordance with 19
                                                  verifications.                                                                                                        This notice will serve as a reminder
                                                                                                                 CFR 351.224(b).                                      to parties subject to administrative
                                                     • We revised the programing
                                                  language to reflect the changes to                             Suspension of Liquidation                            protective order (APO) of their
                                                  constructed value (CV).                                                                                             responsibility concerning the
                                                                                                                    Pursuant to sections 735(c)(1)(B) and
                                                     • We revised the calculation of CV.                                                                              disposition of proprietary information
                                                                                                                 (C) of the Act, the Department will
                                                                                                                                                                      disclosed under APO in accordance
                                                     • We added in lines of code to take                         instruct U.S. Customs and Border
                                                                                                                                                                      with 19 CFR 351.305(a)(3). Timely
                                                  into account quantity adjustments.                             Protection (CBP) to suspend liquidation
                                                                                                                                                                      written notification of the destruction of
                                                     • We added credit expenses and                              of all entries of certain steel nails from
                                                                                                                                                                      APO materials or conversion to judicial
                                                  inventory carrying cost incurred in                            Taiwan, except for those from Quick
                                                                                                                                                                      protective order is hereby requested.
                                                  Taiwan to account for expenses reported                        Advance, which are entered, or
                                                                                                                                                                      Failure to comply with the regulations
                                                  in Taiwanese dollars.                                          withdrawn from warehouse, for
                                                                                                                                                                      and the terms of an APO is a
                                                     • We made changes to Quick                                  consumption on or after the date of
                                                                                                                                                                      sanctionable violation.
                                                  Advance’s reported cost data as set forth                      publication of the final determination.
                                                  in the Quick Advance’s Final Cost                              For Quick Advance and Ko, because                    Notification to Interested Parties
                                                  Memo.                                                          their estimated weighted-average final                 We are issuing and publishing this
                                                     For PT:                                                     dumping margins are zero, we are not                 determination and notice in accordance
                                                     • We used updated sale database by                          directing CBP to suspend liquidation of              with sections 735(d) and 777(i) of the
                                                  PT which reflect minor corrections                             entries of nails produced and exported               Act.
                                                  presented during the verification of                           by these companies. We will not
                                                                                                                                                                        Dated: May 13, 2015.
                                                  these companies.                                               instruct CBP to suspend liquidation of
                                                                                                                                                                      Christian Marsh,
                                                     • We revised the programing                                 any entries of certain steel nails from as
                                                                                                                 described in the ‘‘Scope of the                      Deputy Assistant Secretary for Antidumping
                                                  language to reflect the changes to CV.                                                                              and Countervailing Duty Operations.
                                                     • We revised the calculation of CV.                         Investigation’’ in Appendix I which are
                                                     • We added in lines of code to take                         entered, or withdrawn from warehouse,                Appendix I
                                                  into account quantity adjustments.                             for consumption on or after the date of              Scope of the Investigation
                                                     • We made changes to PT’s reported                          publication of this notice. We will
                                                                                                                                                                         The merchandise covered by this
                                                  cost data as set forth in the PT’s Final                       instruct CBP to require a cash deposit
                                                                                                                                                                      investigation is certain steel nails having a
                                                  Cost Memo.                                                     equal to the weighted-average amount                 nominal shaft length not exceeding 12
                                                                                                                 by which normal value exceeds U.S.                   inches.12 Certain steel nails include, but are
                                                  Final Determination                                            price, as follows: (1) The rate for PT will          not limited to, nails made from round wire
                                                    The Department determines that the                           be the rate we determined in this final              and nails that are cut from flat-rolled steel.
                                                                                                                 determination; (2) if the exporter is not            Certain steel nails may be of one piece
                                                  following weighted-average dumping                                                                                  construction or constructed of two or more
                                                  margins exist for the period April 1,                          a firm identified in this investigation
                                                                                                                 but the producer is, the rate will be the            pieces. Certain steel nails may be produced
                                                  2013, through March 31, 2014:                                                                                       from any type of steel, and may have any
                                                                                                                 rate established for the producer of the             type of surface finish, head type, shank, point
                                                                                         Weighted-average        subject merchandise; (3) the rate for all            type and shaft diameter. Finishes include,
                                                     Exporter or producer                 dumping margin         other producers or exporters will be                 but are not limited to, coating in vinyl, zinc
                                                                                             (percent)           2.24 percent. These suspension of                    (galvanized, including but not limited to
                                                                                                                 liquidation instructions will remain in              electroplating or hot dipping one or more
                                                  Quick Advance Inc .........                             0.00                                                        times), phosphate, cement, and paint. Certain
                                                                                                                 effect until further notice.
                                                  PT Enterprises Inc ..........                           2.24                                                        steel nails may have one or more surface
                                                  All Others ........................                     2.24   International Trade Commission                       finishes. Head styles include, but are not
                                                                                                                 Notification                                         limited to, flat, projection, cupped, oval,
                                                  All Others Rate                                                                                                     brad, headless, double, countersunk, and
                                                                                                                    In accordance with section 735(d) of              sinker. Shank styles include, but are not
                                                     Section 735(c)(5)(A) of the Act                             the Act, we will notify the U.S.                     limited to, smooth, barbed, screw threaded,
                                                  provides that the estimated ‘‘all others’’                     International Trade Commission (ITC) of              ring shank and fluted. Screw-threaded nails
                                                  rate shall be an amount equal to the                           our final determination. As our final                subject to this proceeding are driven using
                                                  weighted average of the estimated                              determination is affirmative, in                     direct force and not by turning the nail using
                                                  weighted-average dumping margins                               accordance with section 735(b)(3) of the             a tool that engages with the head. Point styles
                                                  established for exporters and producers                        Act, the ITC will determine within 75                include, but are not limited to, diamond,
                                                                                                                                                                      needle, chisel and blunt or no point. Certain
                                                  individually investigated, excluding any                       days whether the domestic industry in                steel nails may be sold in bulk, or they may
                                                  zero or de minimis margins, and any                            the United States is materially injured,             be collated in any manner using any material.
                                                  margins determined entirely under                              or threatened with material injury, by                  Excluded from the scope of this
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                                                  section 776 of the Act. The weighted-                          reason of imports or sales (or the                   investigation are certain steel nails packaged
                                                  average margin for exporters and                               likelihood of sales) for importation of              in combination with one or more non-subject
                                                  producers individually investigated that                       the subject merchandise. If the ITC                  articles, if the total number of nails of all
                                                  meets these criteria is that of PT.                            determines that such injury exists, the
                                                                                                                                                                         12 The shaft length of certain steel nails with flat
                                                  Therefore, the All-Others rate is the rate                     Department will issue an antidumping
                                                                                                                                                                      heads or parallel shoulders under the head shall be
                                                  calculated for PT, as indicated in the                         duty order directing CBP to assess, upon             measured from under the head or shoulder to the
                                                  ‘‘Final Determination Margins’’ section                        further instruction by the Department,               tip of the point. The shaft length of all other certain
                                                  above.                                                         antidumping duties on all imports of the             steel nails shall be measured overall.



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                                                  28962                        Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices

                                                  types, in aggregate regardless of size, is less         7317.00.55.08, 7317.00.55.11, 7317.00.55.18,          DEPARTMENT OF COMMERCE
                                                  than 25. If packaged in combination with one            7317.00.55.19, 7317.00.55.20, 7317.00.55.30,
                                                  or more non-subject articles, certain steel             7317.00.55.40, 7317.00.55.50, 7317.00.55.60,          International Trade Administration
                                                  nails remain subject merchandise if the total           7317.00.55.70, 7317.00.55.80, 7317.00.55.90,
                                                  number of nails of all types, in aggregate              7317.00.65.30, 7317.00.65.60 and                      [C–552–819]
                                                  regardless of size, is equal to or greater than         7317.00.75.00. Certain steel nails subject to
                                                  25, unless otherwise excluded based on the              this investigation also may be classified             Certain Steel Nails From the Socialist
                                                  other exclusions below.                                 under HTSUS subheading 8206.00.00.00 or               Republic of Vietnam: Final Affirmative
                                                    Also excluded from the scope are certain              other HTSUS subheadings.                              Countervailing Duty Determination
                                                  steel nails with a nominal shaft length of one            While the HTSUS subheadings are
                                                  inch or less that are (a) a component of an             provided for convenience and customs                  AGENCY:   Enforcement and Compliance,
                                                  unassembled article, (b) the total number of            purposes, the written description of the              International Trade Administration,
                                                  nails is sixty (60) or less, and (c) the imported       scope of this investigation is dispositive.           Department of Commerce.
                                                  unassembled article falls into one of the                                                                     SUMMARY: The Department of Commerce
                                                  following eight groupings: (1) Builders’                Appendix II
                                                  joinery and carpentry of wood that are
                                                                                                                                                                (Department) has determined that
                                                                                                          List of Topics Discussed in the Issues and            countervailable subsidies are being
                                                  classifiable as windows, French-windows                 Decision Memorandum
                                                  and their frames; (2) builders’ joinery and                                                                   provided to producers and exporters of
                                                  carpentry of wood that are classifiable as              Case Issues:                                          certain steel nails (nails) from the
                                                  doors and their frames and thresholds; (3)              I. Summary                                            Socialist Republic of Vietnam
                                                  swivel seats with variable height adjustment;           II. General Issues                                    (Vietnam). For information on the
                                                  (4) seats that are convertible into beds (with          III. Background                                       estimated countervailing duty rates, see
                                                  the exception of those classifiable as garden           IV. Scope of the Investigation                        the ‘‘Suspension of Liquidation’’
                                                  seats or camping equipment); (5) seats of               V. Scope Comments                                     section, below.
                                                  cane, osier, bamboo or similar materials; (6)           VI. Discussion of the Issues
                                                  other seats with wooden frames (with the                                                                      DATES: Effective Date: May 20, 2015.
                                                                                                          VII. Conclusion
                                                  exception of seats of a kind used for aircraft                                                                FOR FURTHER INFORMATION CONTACT:
                                                  or motor vehicles); (7) furniture (other than           General Issues
                                                                                                                                                                Sergio Balbontin, Thomas Schauer, or
                                                  seats) of wood (with the exception of i)                Comment 1: Taiwan Nails CV Profit and the             Shane Subler, AD/CVD Operations,
                                                  medical, surgical, dental or veterinary                    Use of Financial Statements                        Office I, Enforcement and Compliance,
                                                  furniture; and ii) barbers’ chairs and similar          Comment 2: The Department Should Rely on
                                                                                                                                                                International Trade Administration,
                                                  chairs, having rotating as well as both                    the Average-to-Average Methodology
                                                  reclining and elevating movements); or (8)                 without Zeroing in the Final Determination         U.S. Department of Commerce, 14th
                                                  furniture (other than seats) of materials other         Comment 3: The Department Should                      Street and Constitution Avenue NW.,
                                                  than wood, metal, or plastics (e.g., furniture             Determine that Quick Advance and PT are            Washington, DC 20230; telephone: (202)
                                                  of cane, osier, bamboo or similar materials).              Affiliated with Their Respective Largest           482–6478, (202) 482–0410, and (202)
                                                  The aforementioned imported unassembled                    U.S. Customers                                     482–0189, respectively.
                                                  articles are currently classified under the             Comment 4: Whether a Middleman Dumping                SUPPLEMENTARY INFORMATION:
                                                  following Harmonized Tariff Schedule of the                Investigation is Warranted
                                                  United States (HTSUS) subheadings: 4418.10,             Comment 5: The Department’s Calculation of            Background
                                                  4418.20, 9401.30, 9401.40, 9401.51, 9401.59,               Constructed Value for PT and Quick                   The petitioner in this investigation is
                                                  9401.61, 9401.69, 9403.30, 9403.40, 9403.50,               Advance
                                                  9403.60, 9403.81 or 9403.89.                                                                                  Mid Continent Steel & Wire, Inc. The
                                                                                                          Comment 6: The Department’s Calculation of
                                                    Also excluded from the scope of this                     Surrogate Credit Expense Ratio                     period for which we are measuring
                                                  investigation are steel nails that meet the             Comment 7: The Department’s Calculation of            subsidies, or period of investigation, is
                                                  specifications of Type I, Style 20 nails as                Indirect and Direct Selling Expense Ratio          January 1, 2013, through December 31,
                                                  identified in Tables 29 through 33 of ASTM                 to Categorize Chun Yu’s Works & Co.’s              2013.
                                                  Standard F1667 (2013 revision).                            Selling Expenses
                                                    Also excluded from the scope of this                  Comment 8: The Department’s Calculation of            Case History
                                                  investigation are nails suitable for use in                Indirect and Direct Selling Expense Ratio             The events that have occurred since
                                                  powder-actuated hand tools, whether or not                 to Properly Account for OFCO’s Selling             the Department published the
                                                  threaded, which are currently classified                   Expenses                                           Preliminary Determination on
                                                  under HTSUS subheadings 7317.00.20.00                   Comment 9: The Department’s Treatment of
                                                  and 7317.00.30.00.
                                                                                                                                                                November 3, 2014,1 are discussed in the
                                                                                                             PT’s and Quick Advance’s U.S. Prices for
                                                    Also excluded from the scope of this                     Commission/Compensation Paid to its
                                                                                                                                                                Issues and Decision Memorandum.2 The
                                                  investigation are nails having a case hardness             Unaffiliated Taiwanese Selling Agent and           Issues and Decision Memorandum is a
                                                  greater than or equal to 50 on the Rockwell                Unaffiliated Taiwanese Trading Company             public document and is on file
                                                  Hardness C scale (HRC), a carbon content                Issues Pertaining to PT and Proteam
                                                  greater than or equal to 0.5 percent, a round                                                                   1 Certain Steel Nails From the Socialist Republic

                                                  head, a secondary reduced-diameter raised               Comment 10: The Department Should Assign              of Vietnam: Preliminary Affirmative Countervailing
                                                  head section, a centered shank, and a smooth               Partial AFA to PT’s Unreported Sales of            Duty Determination and Alignment of Final
                                                  symmetrical point, suitable for use in gas-                Subject Merchandise                                Countervailing Duty Determination With Final
                                                                                                          Comment 11: Transactions disregarded—                 Antidumping Duty Determination, 79 FR 65184
                                                  actuated hand tools.                                                                                          (November 3, 2014) (Preliminary Determination)
                                                    Also excluded from the scope of this                     Tolling Activities
                                                                                                                                                                and accompanying Memorandum, ‘‘Decision
                                                  investigation are corrugated nails. A                   Comment 12: Threading Costs
                                                                                                                                                                Memorandum for the Preliminary Determination in
                                                  corrugated nail is made up of a small strip             Comment 13: General and Administrative                the Countervailing Duty Investigation of Certain
                                                  of corrugated steel with sharp points on one               Expense                                            Steel Nails from the Socialist Republic of Vietnam’’
                                                  side.                                                                                                         (Preliminary Decision Memorandum).
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                                                                                                          Issues Pertaining to Quick Advance and Ko
                                                                                                                                                                  2 See Memorandum to Christian Marsh, Deputy
                                                    Also excluded from the scope of this                  Comment 14: The Department Should Rely
                                                  investigation are thumb tacks, which are                                                                      Assistant Secretary for Antidumping and
                                                                                                             on Quick Advance/Ko’s Section C Database           Countervailing Duty Operations from James
                                                  currently classified under HTSUS                           Submitted After Verification                       Maeder, Office Director, Office I, ‘‘Decision
                                                  subheading 7317.00.10.00.                               Comment 15: Ko’s Raw Materials                        Memorandum for the Final Determination in the
                                                    Certain steel nails subject to this                   Comment 16: Ko’s Phosphate Coating Costs              Countervailing Duty Investigation of Certain Steel
                                                  investigation are currently classified under                                                                  Nails from the Socialist Republic of Vietnam’’ dated
                                                  HTSUS subheadings 7317.00.55.02,                        [FR Doc. 2015–12247 Filed 5–19–15; 8:45 am]           concurrently with this notice (Issues and Decision
                                                  7317.00.55.03, 7317.00.55.05, 7317.00.55.07,            BILLING CODE 3510–DS–P                                Memorandum).



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Document Created: 2018-02-21 10:29:47
Document Modified: 2018-02-21 10:29:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: May 20, 2015.
ContactVictoria Cho or Scott Hoefke, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 5075 or (202) 482-4947.
FR Citation80 FR 28959 

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