80_FR_29721 80 FR 29622 - Certain Steel Nails From the Socialist Republic of Vietnam: Final Determination of Sales at Less Than Fair Value

80 FR 29622 - Certain Steel Nails From the Socialist Republic of Vietnam: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 99 (May 22, 2015)

Page Range29622-29625
FR Document2015-12254

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

Federal Register, Volume 80 Issue 99 (Friday, May 22, 2015) 
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Notices]
[Pages 29622-29625]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12254]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-818]


Certain Steel Nails From the Socialist Republic of Vietnam: 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 the Socialist Republic of Vietnam 
(Vietnam) are being, or are likely to be, sold in the United States at 
less-than-fair value, as provided in section 735 of the Tariff Act of 
1930, as amended (the Act). The final weighted-average dumping margins 
of sales at less than fair value are listed below in the ``Final 
Determination Margins'' section of this notice.

DATES: Effective date: May 22, 2015.

FOR FURTHER INFORMATION CONTACT: Edythe Artman or Dena Crossland, 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-
3931 or (202) 482-3362, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published its preliminary determination on December 
29, 2014.\1\ On January 2, 2015, United Nail Products Co., Ltd. (United 
Nail), a mandatory respondent in this investigation, filed a letter 
stating that it had decided to withdraw from the proceeding and would 
not be participating in a verification of its questionnaire responses. 
On January 7, 2015, the other mandatory respondent, Region Industries 
Co., Ltd. (Region Industries), filed a letter to the same effect. On 
February 18, 2015, we received a case brief from Petitioner, Mid-
Continent Steel & Wire, Inc. We did not receive any rebuttal comments 
or requests for a hearing from interested parties. Based on the events 
that transpired after the preliminary determination and an analysis of 
the comments received, the Department has made changes to the 
Preliminary Determination.
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    \1\ See Certain Steel Nails From the Socialist Republic of 
Vietnam: Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination and Extension of Provisional 
Measures, 79 FR 78058 (December 29, 2014) (Preliminary 
Determination) and the accompanying Preliminary Decision Memorandum.
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Period of Investigation

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

Scope of the Investigation

    The product covered by this investigation is certain steel nails 
from Vietnam. 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 Issue and Decision Memorandum.\2\ The scope 
in Appendix I reflects all modifications to the scope made by the 
Department for this final determination.
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    \2\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Abdelali Elouaradia, Acting Office Director, Office VI, Antidumping 
and Countervailing Duty Operations, regarding ``Issue and Decision 
Memorandum for the Final Determination of the Less-Than-Fair-Value 
Investigation of Certain Steel Nails from the Socialist Republic of 
Vietnam'' (Issue and Decision Memorandum), dated concurrently with 
this determination and hereby adopted by this notice.
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Verification

    In light of each mandatory respondent's decision to withdraw from 
the investigation and not to participate in a verification, we 
conducted no verifications.

Analysis of Comments Received

    Petitioner raised one issue in its case brief, which is addressed 
in the Issue and Decision Memorandum. A list of the contents of this 
memorandum is attached to this notice in Appendix II. The Issue 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 to this system 
is available to registered and guest users at http://access.trade.gov 
and 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 Issue and Decision Memorandum can be accessed directly 
on the Internet at http://www.trade.gov/enforcement/frn/index.html. The 
signed and electronic versions of the Issue and Decision Memorandum are 
identical in content.

Changes Since the Preliminary Determination

    Based on consideration of the events that transpired after the 
preliminary determination and our analysis of the comments received, we 
find that Region Industries and United Nail are not separate from the 
Vietnam-wide entity and that the estimated dumping margin for the 
entity should be based on the adverse facts available on the record, 
pursuant to sections 776(a)(2)(A), (C) and (D) and section 776(b) of 
the Act. This rate, derived from the Petition,\3\ was corroborated upon 
examination of the documentation supporting the Petition. For more 
details, see the accompanying Issue and Decision Memorandum and 
company-specific analysis memoranda for the final determination.
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    \3\ See Petitions for the Imposition of Antidumping and 
Countervailing Duties: Certain Steel Nails from India, the Republic 
of Korea, Malaysia, the Sultanate of Oman, Taiwan, the Republic of 
Turkey, and the Socialist Republic of Vietnam, dated May 29, 2014 
(Petition).
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Separate Rate

    Kosteel Vina Limited Company (Kosteel Vina) established its 
eligibility for a separate rate.\4\ The Act and

[[Page 29623]]

regulations do not address how we are to determine the dumping margin 
for separate rate companies not selected for individual examination. 
Normally, the Department's practice is to assign to separate-rate 
companies that were not individually examined a dumping margin equal to 
the average of the margins calculated for the individually examined 
respondents, excluding any margins that are zero, de minimis, or based 
entirely on facts available. If all dumping margins for the 
individually examined respondents are zero, de minimis, or based 
entirely on facts available, then we will use any reasonable method, 
including averaging the dumping margins for the individually examined 
respondents. In this investigation, the individually examined 
respondents are part of the Vietnam-wide entity, the rate for which is 
based entirely on facts available. We have no other reliable margin or 
data on the record to determine the separate rate for Kosteel Vina. 
Therefore, we have assigned the sole petition rate of 323.99 percent, 
which was corroborated by documentation supporting the petition, and is 
the only available rate on the record, to Kosteel Vina. For more 
details, see the Separate Rate memorandum for the final 
determination.\5\
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    \4\ See the Preliminary Decision Memorandum at 7 and 8.
    \5\ See Memorandum to Brian Davis, Acting Program Manager, 
Office VI, from Edythe Artman, International Trade Compliance 
Analyst, Office VI, regarding ``Change in Rate for the Separate-Rate 
Company,'' dated May 13, 2015.
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Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation.\6\ Policy Bulletin 05.1 sets forth 
this practice.\7\
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    \6\ See Certain Steel Nails From India, the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, the Republic of Turkey, and 
the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations, 79 FR 36019 (June 25, 2014) (Initiation 
Notice).
    \7\ See Enforcement and Compliance Policy Bulletin No. 05.1 
``Separate-Rates Practice and Application of Combination Rates in 
Antidumping Investigations involving Non-Market Economy Countries,'' 
(April 5, 2005) (Policy Bulletin 05.1), available on the 
Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination Margins

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

------------------------------------------------------------------------
                                                       Weighted-average
           Exporter                   Producer          dumping margin
------------------------------------------------------------------------
Kosteel Vina Limited Company.  Kosteel Vina Limited              323.99%
                                Company.
Vietnam-Wide Entity*           .....................             323.99%
------------------------------------------------------------------------
* The Vietnam-wide entity includes the following exporters/producers:
  Region Industries Co., Ltd., United Nail Products Co., Ltd., Cong Ty
  Tnhh Cong Nghe Nhua A Chau, Kim Tin Group, Megastar Co., Ltd. and
  Simone Accessories Collection.

Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a final determination within 
five days of the date of public announcement of the final determination 
in the Federal Register, in accordance with 19 CFR 351.224(b). However, 
because the Department, in accordance with section 776 of the Act, 
applied adverse facts available to determine the estimated weighted-
average dumping margin for the mandatory respondents in this 
investigation, there are no calculations to disclose to parties.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of subject merchandise, 
as described in the ``Scope of the Investigation'' section of this 
notice, from Vietnam that were entered or withdrawn from warehouse for 
consumption on or after December 29, 2014, the publication date of the 
Preliminary Determination in the Federal Register.
    Consistent with our practice, where the product under investigation 
is also subject to a concurrent countervailing duty investigation, we 
will instruct CBP to require a cash deposit equal to the amount by 
which the normal value exceeds the export price or constructed export 
price, adjusted where appropriate for export subsidies and estimated 
domestic subsidy pass-through.\8\ In the final determination of the 
companion countervailing duty investigation of certain steel nails from 
Vietnam, the Department determined that the mandatory respondents and 
all other companies benefited from export subsidies.\9\ Thus, we will 
offset the estimated weighted-average dumping margin of 323.99 percent 
for the Vietnam-wide entity and the separate-rate company by the 
countervailing duty rate of 33.59 percent attributable to export 
subsidies,\10\ resulting in a cash-deposit rate of 290.40 percent for 
the Vietnam-wide entity and the separate-rate company.
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    \8\ See sections 772(c)(1)(C) and 777A(f) of the Act, 
respectively. Unlike in administrative reviews, the Department 
calculates the adjustment for export subsidies in less-than-fair-
value investigations not in the margin-calculation program, but in 
the cash-deposit instructions issued to CBP. See Notice of Final 
Determination of Sales at Less Than Fair Value, and Negative 
Determination of Critical Circumstances: Certain Lined Paper 
Products from India, 71 FR 45012 (August 8, 2006), and accompanying 
Issues and Decision Memorandum at Comment 1.
    \9\ See Certain Steel Nails From the Socialist Republic of 
Vietnam: Final Affirmative Countervailing Duty Determination, and 
accompanying Issues and Decision Memorandum at 12-22, signed 
concurrently with this notice.
    \10\ See id. The following subsidy programs, countervailed for 
all companies in the final determination of the concurrent 
countervailing duty investigation, are export subsidies: 
Preferential Lending to Exporters (1.17 percent), Import Duty 
Exemptions and Reimbursements for Imported Raw Materials for 
Exported Goods (4.46 percent), Export Factoring (1.17 percent), 
Financial Guarantees (1.17 percent), Export Credits from the Vietnam 
Development Bank (0.21 percent) and Export Promotion Program (25.41 
percent).
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    With respect to the separate-rate company, Kosteel Vina, we find 
that an export subsidy adjustment of 33.59 percent to the cash deposit 
rate is warranted because this is the export subsidy rate included in 
the countervailing duty rate (i.e., the ``All Others'' rate) to which 
the separate-rate company is subject in the companion countervailing 
duty proceeding. With respect to the Vietnam-wide entity, we find that 
an export-subsidy adjustment of 33.59 percent to the cash deposit rate 
is warranted because this is the export subsidy rate included in the 
countervailing duty rate to which Vietnam-wide entries are currently 
subject.
    We are not adjusting the final determination rate for estimated 
domestic subsidy pass-through because we have no basis upon which to 
make such an adjustment.
    Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a 
cash deposit for all suspended entries at an

[[Page 29624]]

ad valorem rate equal to the weighted-average amount by which normal 
value exceeds U.S. price, with the above-noted adjustments, as follows: 
(1) The rate for the exporter/producer combinations listed in the chart 
above will be the rate we have determined in this final determination; 
(2) for all Vietnamese exporters of merchandise under consideration 
which have not received their own rate, the cash-deposit rate will be 
the rate established for the Vietnam-wide entity; and (3) for all non-
Vietnamese exporters of merchandise under consideration and for all 
non-Vietnamese exporters of merchandise under consideration which have 
not received their own rate, the cash-deposit rate will be the rate 
applicable to the Vietnamese exporter/producer combination that 
supplied the non-Vietnamese exporter. These suspension-of-liquidation 
and cash-deposit 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 the final affirmative 
determination of sales at less than fair value. Because the final 
determination in this proceeding is affirmative, the ITC will make its 
final determination, in accordance with section 735(b)(2) of the Act, 
as to whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports of 
certain steel nails from Vietnam no later than 45 days after our final 
determination. If the ITC determines that material injury or threat of 
material injury does not exist, this proceeding will be terminated and 
all securities posted will be refunded or canceled. If the ITC 
determines that such injury does exist, then 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 also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or 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

    This determination and notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: May 13, 2015.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

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.\11\ 
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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    \11\ 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 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.

[[Page 29625]]

Appendix II

Contents of the Accompanying Final Issue and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Discussion of Comments
    Comment 1: Application of Adverse Facts Available to Mandatory 
Respondents
VII. Recommendation

[FR Doc. 2015-12254 Filed 5-21-15; 8:45 am]
BILLING CODE 3510-DS-P

29622 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices are provided for convenience and customs Avenue NW., Washington, DC 20230; made by the Department for this final purposes, the written description of the telephone: (202) 482–3931 or (202) 482– determination. scope of this investigation is dispositive. 3362, respectively. Verification Appendix II—List of Topics Discussed SUPPLEMENTARY INFORMATION: In light of each mandatory in the Preliminary Decision respondent’s decision to withdraw from Memorandum Background the investigation and not to participate 1. Summary The Department published its in a verification, we conducted no 2. Background preliminary determination on December verifications. 3. Period of Investigation 29, 2014.1 On January 2, 2015, United 4. Postponement of Final Determination and Analysis of Comments Received Nail Products Co., Ltd. (United Nail), a Extension of Provisional Measures mandatory respondent in this Petitioner raised one issue in its case 5. Scope Comments investigation, filed a letter stating that it brief, which is addressed in the Issue 6. Discussion of Methodology and Decision Memorandum. A list of a. Determination of the Comparison had decided to withdraw from the proceeding and would not be the contents of this memorandum is Method b. Results of the Differential Pricing participating in a verification of its attached to this notice in Appendix II. Analysis questionnaire responses. On January 7, The Issue and Decision Memorandum is 7. Date of Sale 2015, the other mandatory respondent, a public document and is on file 8. Product Comparisons Region Industries Co., Ltd. (Region electronically via Enforcement and 9. Export Price and Constructed Export Price Industries), filed a letter to the same Compliance’s Antidumping and 10. Normal Value effect. On February 18, 2015, we Countervailing Duty Centralized a. Comparison Market Viability received a case brief from Petitioner, Electronic Service System (ACCESS). b. Affiliated-Party Transactions and Arm’s- Access to this system is available to Length Test Mid-Continent Steel & Wire, Inc. We did not receive any rebuttal comments or registered and guest users at http:// c. Level of Trade requests for a hearing from interested access.trade.gov and is available to all d. Cost of Production (COP) Analysis 1. Calculation of COP parties. Based on the events that parties in the Central Records Unit, 2. Test of Comparison Market Sales Prices transpired after the preliminary room 7046 of the main Department of 3. Results of the COP Test determination and an analysis of the Commerce building. In addition, a e. Calculation of NV Based on Comparison comments received, the Department has complete version of the Issue and Market Prices made changes to the Preliminary Decision Memorandum can be accessed f. Calculation of NV Based on CV Determination. directly on the Internet at http:// 11. Currency Conversion www.trade.gov/enforcement/frn/ 12. Conclusion Period of Investigation index.html. The signed and electronic [FR Doc. 2015–12523 Filed 5–21–15; 8:45 am] versions of the Issue and Decision The period of investigation is October Memorandum are identical in content. BILLING CODE 3510–DS–P 1, 2013, through March 31, 2014. Changes Since the Preliminary Scope of the Investigation Determination DEPARTMENT OF COMMERCE The product covered by this Based on consideration of the events International Trade Administration investigation is certain steel nails from that transpired after the preliminary [A–552–818] Vietnam. For a full description of the determination and our analysis of the scope of the investigation, see Appendix comments received, we find that Region Certain Steel Nails From the Socialist I to this notice. Industries and United Nail are not Republic of Vietnam: Final Since the Preliminary Determination, separate from the Vietnam-wide entity Determination of Sales at Less Than several interested parties (i.e., IKEA and that the estimated dumping margin Fair Value Supply AG, The Home Depot, Target for the entity should be based on the Corporation, and Petitioner) commented adverse facts available on the record, AGENCY: Enforcement and Compliance, pursuant to sections 776(a)(2)(A), (C) International Trade Administration, on the scope of these investigations. The Department reviewed these comments and (D) and section 776(b) of the Act. Department of Commerce. This rate, derived from the Petition,3 and made certain changes. For further SUMMARY: The Department of Commerce was corroborated upon examination of discussion, see the Issue and Decision (the Department) determines that the documentation supporting the Memorandum.2 The scope in Appendix imports of certain steel nails from the Petition. For more details, see the I reflects all modifications to the scope Socialist Republic of Vietnam (Vietnam) accompanying Issue and Decision are being, or are likely to be, sold in the 1 See Certain Steel Nails From the Socialist Memorandum and company-specific United States at less-than-fair value, as Republic of Vietnam: Preliminary Determination of analysis memoranda for the final provided in section 735 of the Tariff Act Sales at Less Than Fair Value and Postponement determination. of 1930, as amended (the Act). The final of Final Determination and Extension of Provisional Measures, 79 FR 78058 (December 29, 2014) Separate Rate weighted-average dumping margins of (Preliminary Determination) and the accompanying Kosteel Vina Limited Company sales at less than fair value are listed Preliminary Decision Memorandum. below in the ‘‘Final Determination (Kosteel Vina) established its eligibility asabaliauskas on DSK5VPTVN1PROD with NOTICES 2 See Memorandum to Christian Marsh, Deputy Margins’’ section of this notice. Assistant Secretary for Antidumping and for a separate rate.4 The Act and DATES: Effective date: May 22, 2015. Countervailing Duty Operations, from Abdelali Elouaradia, Acting Office Director, Office VI, 3 See Petitions for the Imposition of Antidumping FOR FURTHER INFORMATION CONTACT: Antidumping and Countervailing Duty Operations, and Countervailing Duties: Certain Steel Nails from Edythe Artman or Dena Crossland, AD/ regarding ‘‘Issue and Decision Memorandum for the India, the Republic of Korea, Malaysia, the CVD Operations, Office VI, Enforcement Final Determination of the Less-Than-Fair-Value Sultanate of Oman, Taiwan, the Republic of Turkey, Investigation of Certain Steel Nails from the and the Socialist Republic of Vietnam, dated May and Compliance, International Trade Socialist Republic of Vietnam’’ (Issue and Decision 29, 2014 (Petition). Administration, U.S. Department of Memorandum), dated concurrently with this 4 See the Preliminary Decision Memorandum at 7 Commerce, 14th Street and Constitution determination and hereby adopted by this notice. and 8. VerDate Sep<11>2014 18:19 May 21, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1

Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices 29623 regulations do not address how we are the dumping margins for the Combination Rates to determine the dumping margin for individually examined respondents. In separate rate companies not selected for this investigation, the individually In the Initiation Notice, the individual examination. Normally, the examined respondents are part of the Department stated that it would Department’s practice is to assign to Vietnam-wide entity, the rate for which calculate combination rates for the separate-rate companies that were not is based entirely on facts available. We respondents that are eligible for a individually examined a dumping have no other reliable margin or data on separate rate in this investigation.6 margin equal to the average of the the record to determine the separate rate Policy Bulletin 05.1 sets forth this margins calculated for the individually for Kosteel Vina. Therefore, we have practice.7 examined respondents, excluding any assigned the sole petition rate of 323.99 Final Determination Margins margins that are zero, de minimis, or percent, which was corroborated by based entirely on facts available. If all documentation supporting the petition, The Department determines that the dumping margins for the individually and is the only available rate on the following estimated weighted-average examined respondents are zero, de record, to Kosteel Vina. For more dumping margins exist for the period minimis, or based entirely on facts details, see the Separate Rate October 1, 2013, through March 31, available, then we will use any memorandum for the final 2014: reasonable method, including averaging determination.5 Weighted-average Exporter Producer dumping margin Kosteel Vina Limited Company .............................................. Kosteel Vina Limited Company .............................................. 323.99% Vietnam-Wide Entity* ................................................................................................. 323.99% * The Vietnam-wide entity includes the following exporters/producers: Region Industries Co., Ltd., United Nail Products Co., Ltd., Cong Ty Tnhh Cong Nghe Nhua A Chau, Kim Tin Group, Megastar Co., Ltd. and Simone Accessories Collection. Disclosure for consumption on or after December Vietnam-wide entity and the separate- Normally, the Department discloses to 29, 2014, the publication date of the rate company. interested parties the calculations Preliminary Determination in the With respect to the separate-rate performed in connection with a final Federal Register. company, Kosteel Vina, we find that an determination within five days of the Consistent with our practice, where export subsidy adjustment of 33.59 date of public announcement of the the product under investigation is also percent to the cash deposit rate is final determination in the Federal subject to a concurrent countervailing warranted because this is the export Register, in accordance with 19 CFR duty investigation, we will instruct CBP subsidy rate included in the 351.224(b). However, because the to require a cash deposit equal to the countervailing duty rate (i.e., the ‘‘All Department, in accordance with section amount by which the normal value Others’’ rate) to which the separate-rate 776 of the Act, applied adverse facts exceeds the export price or constructed company is subject in the companion available to determine the estimated export price, adjusted where countervailing duty proceeding. With weighted-average dumping margin for appropriate for export subsidies and respect to the Vietnam-wide entity, we the mandatory respondents in this estimated domestic subsidy pass- find that an export-subsidy adjustment investigation, there are no calculations through.8 In the final determination of of 33.59 percent to the cash deposit rate to disclose to parties. the companion countervailing duty is warranted because this is the export investigation of certain steel nails from subsidy rate included in the Continuation of Suspension of Vietnam, the Department determined countervailing duty rate to which Liquidation that the mandatory respondents and all Vietnam-wide entries are currently In accordance with section other companies benefited from export subject. 735(c)(1)(B) of the Act, the Department subsidies.9 Thus, we will offset the We are not adjusting the final will instruct U.S. Customs and Border estimated weighted-average dumping determination rate for estimated Protection (CBP) to continue to suspend margin of 323.99 percent for the domestic subsidy pass-through because liquidation of all appropriate entries of Vietnam-wide entity and the separate- we have no basis upon which to make subject merchandise, as described in the rate company by the countervailing duty such an adjustment. ‘‘Scope of the Investigation’’ section of rate of 33.59 percent attributable to Pursuant to 19 CFR 351.205(d), we this notice, from Vietnam that were export subsidies,10 resulting in a cash- will instruct CBP to require a cash entered or withdrawn from warehouse deposit rate of 290.40 percent for the deposit for all suspended entries at an 5 See Memorandum to Brian Davis, Acting available on the Department’s Web site at http:// Countervailing Duty Determination, and Program Manager, Office VI, from Edythe Artman, enforcement.trade.gov/policy/bull05-1.pdf. accompanying Issues and Decision Memorandum at International Trade Compliance Analyst, Office VI, 8 See sections 772(c)(1)(C) and 777A(f) of the Act, 12–22, signed concurrently with this notice. regarding ‘‘Change in Rate for the Separate-Rate respectively. Unlike in administrative reviews, the 10 See id. The following subsidy programs, Company,’’ dated May 13, 2015. Department calculates the adjustment for export countervailed for all companies in the final asabaliauskas on DSK5VPTVN1PROD with NOTICES 6 See Certain Steel Nails From India, the Republic subsidies in less-than-fair-value investigations not of Korea, Malaysia, the Sultanate of Oman, Taiwan, in the margin-calculation program, but in the cash- determination of the concurrent countervailing duty the Republic of Turkey, and the Socialist Republic deposit instructions issued to CBP. See Notice of investigation, are export subsidies: Preferential of Vietnam: Initiation of Less-Than-Fair-Value Final Determination of Sales at Less Than Fair Lending to Exporters (1.17 percent), Import Duty Investigations, 79 FR 36019 (June 25, 2014) Value, and Negative Determination of Critical Exemptions and Reimbursements for Imported Raw (Initiation Notice). Circumstances: Certain Lined Paper Products from Materials for Exported Goods (4.46 percent), Export 7 See Enforcement and Compliance Policy India, 71 FR 45012 (August 8, 2006), and Factoring (1.17 percent), Financial Guarantees (1.17 Bulletin No. 05.1 ‘‘Separate-Rates Practice and accompanying Issues and Decision Memorandum at percent), Export Credits from the Vietnam Application of Combination Rates in Antidumping Comment 1. Development Bank (0.21 percent) and Export Investigations involving Non-Market Economy 9 See Certain Steel Nails From the Socialist Promotion Program (25.41 percent). Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), Republic of Vietnam: Final Affirmative VerDate Sep<11>2014 18:19 May 21, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1

29624 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices ad valorem rate equal to the weighted- conversion to judicial protective order, and their frames; (2) builders’ joinery and average amount by which normal value is hereby requested. Failure to comply carpentry of wood that are classifiable as exceeds U.S. price, with the above- with the regulations and the terms of an doors and their frames and thresholds; (3) noted adjustments, as follows: (1) The APO is a sanctionable violation. swivel seats with variable height adjustment; rate for the exporter/producer (4) seats that are convertible into beds (with Notification to Interested Parties the exception of those classifiable as garden combinations listed in the chart above will be the rate we have determined in This determination and notice are seats or camping equipment); (5) seats of issued and published in accordance cane, osier, bamboo or similar materials; (6) this final determination; (2) for all with sections 735(d) and 777(i) of the other seats with wooden frames (with the Vietnamese exporters of merchandise Act. exception of seats of a kind used for aircraft under consideration which have not or motor vehicles); (7) furniture (other than received their own rate, the cash-deposit Dated: May 13, 2015. seats) of wood (with the exception of (i) rate will be the rate established for the Christian Marsh, medical, surgical, dental or veterinary Vietnam-wide entity; and (3) for all non- Deputy Assistant Secretary for Enforcement furniture; and (ii) barbers’ chairs and similar Vietnamese exporters of merchandise and Compliance. chairs, having rotating as well as both under consideration and for all non- reclining and elevating movements); or (8) Vietnamese exporters of merchandise Appendix I furniture (other than seats) of materials other under consideration which have not than wood, metal, or plastics (e.g., furniture Scope of the Investigation received their own rate, the cash-deposit of cane, osier, bamboo or similar materials). rate will be the rate applicable to the The merchandise covered by this The aforementioned imported unassembled Vietnamese exporter/producer investigation is certain steel nails having a articles are currently classified under the nominal shaft length not exceeding 12 combination that supplied the non- inches.11 Certain steel nails include, but are following Harmonized Tariff Schedule of the Vietnamese exporter. These suspension- not limited to, nails made from round wire United States (HTSUS) subheadings: 4418.10, of-liquidation and cash-deposit and nails that are cut from flat-rolled steel. 4418.20, 9401.30, 9401.40, 9401.51, 9401.59, instructions will remain in effect until Certain steel nails may be of one piece 9401.61, 9401.69, 9403.30, 9403.40, 9403.50, further notice. construction or constructed of two or more 9403.60, 9403.81 or 9403.89. pieces. Certain steel nails may be produced Also excluded from the scope of this International Trade Commission from any type of steel, and may have any investigation are steel nails that meet the Notification type of surface finish, head type, shank, point specifications of Type I, Style 20 nails as In accordance with section 735(d) of type and shaft diameter. Finishes include, identified in Tables 29 through 33 of ASTM the Act, we will notify the U.S. but are not limited to, coating in vinyl, zinc Standard F1667 (2013 revision). (galvanized, including but not limited to Also excluded from the scope of this International Trade Commission (ITC) of electroplating or hot dipping one or more investigation are nails suitable for use in the final affirmative determination of times), phosphate, cement, and paint. Certain sales at less than fair value. Because the powder-actuated hand tools, whether or not steel nails may have one or more surface threaded, which are currently classified final determination in this proceeding is finishes. Head styles include, but are not affirmative, the ITC will make its final under HTSUS subheadings 7317.00.20.00 limited to, flat, projection, cupped, oval, and 7317.00.30.00. determination, in accordance with brad, headless, double, countersunk, and sinker. Shank styles include, but are not Also excluded from the scope of this section 735(b)(2) of the Act, as to limited to, smooth, barbed, screw threaded, investigation are nails having a case hardness whether the domestic industry in the ring shank and fluted. Screw-threaded nails greater than or equal to 50 on the Rockwell United States is materially injured, or Hardness C scale (HRC), a carbon content subject to this proceeding are driven using threatened with material injury, by greater than or equal to 0.5 percent, a round direct force and not by turning the nail using reason of imports of certain steel nails a tool that engages with the head. Point styles head, a secondary reduced-diameter raised from Vietnam no later than 45 days after include, but are not limited to, diamond, head section, a centered shank, and a smooth our final determination. If the ITC needle, chisel and blunt or no point. Certain symmetrical point, suitable for use in gas- determines that material injury or threat steel nails may be sold in bulk, or they may actuated hand tools. of material injury does not exist, this be collated in any manner using any material. Also excluded from the scope of this proceeding will be terminated and all Excluded from the scope of this investigation are corrugated nails. A securities posted will be refunded or investigation are certain steel nails packaged corrugated nail is made up of a small strip canceled. If the ITC determines that in combination with one or more non-subject of corrugated steel with sharp points on one articles, if the total number of nails of all such injury does exist, then the types, in aggregate regardless of size, is less side. Department will issue an antidumping than 25. If packaged in combination with one Also excluded from the scope of this duty order directing CBP to assess, upon or more non-subject articles, certain steel investigation are thumb tacks, which are further instruction by the Department, nails remain subject merchandise if the total currently classified under HTSUS antidumping duties on all imports of the number of nails of all types, in aggregate subheading 7317.00.10.00. subject merchandise entered, or regardless of size, is equal to or greater than Certain steel nails subject to this withdrawn from warehouse, for 25, unless otherwise excluded based on the investigation are currently classified under other exclusions below. HTSUS subheadings 7317.00.55.02, consumption on or after the effective Also excluded from the scope are certain 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, date of the suspension of liquidation. steel nails with a nominal shaft length of one 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, Return or Destruction of Proprietary inch or less that are (a) a component of an 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, Information unassembled article, (b) the total number of 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, nails is sixty (60) or less, and (c) the imported 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, This notice also serves as a reminder asabaliauskas on DSK5VPTVN1PROD with NOTICES unassembled article falls into one of the 7317.00.65.30, 7317.00.65.60 and to parties subject to administrative following eight groupings: (1) Builders’ 7317.00.75.00. Certain steel nails subject to protective orders (APOs) of their joinery and carpentry of wood that are this investigation also may be classified responsibility concerning the classifiable as windows, French-windows under HTSUS subheading 8206.00.00.00 or disposition of proprietary information other HTSUS subheadings. 11 The shaft length of certain steel nails with flat disclosed under APO in accordance While the HTSUS subheadings are heads or parallel shoulders under the head shall be with 19 CFR 351.305(a)(3). Timely measured from under the head or shoulder to the provided for convenience and customs written notification of the return or tip of the point. The shaft length of all other certain purposes, the written description of the destruction of APO materials or steel nails shall be measured overall. scope of this investigation is dispositive. VerDate Sep<11>2014 18:19 May 21, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1

Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices 29625 Appendix II 278g–4, as amended, and advises the comments from the public (Friday, June National Institute of Standards and 12, 2015, between 10:00 a.m. and 10:30 Contents of the Accompanying Final Issue Technology (NIST), and the Director of a.m.). Speakers will be selected on a and Decision Memorandum the Office of Management and Budget first-come, first-served basis. Each I. Summary (OMB) on information security and speaker will be limited to five minutes. II. Background privacy issues pertaining to Federal Questions from the public will not be III. Period of Investigation government information systems, considered during this period. Members IV. Scope of the Investigation V. Scope Comments including thorough review of proposed of the public who are interested in VI. Discussion of Comments standards and guidelines developed by speaking are requested to contact Annie Comment 1: Application of Adverse Facts NIST. Details regarding the ISPAB’s Sokol at the contact information Available to Mandatory Respondents activities are available at http:// indicated in the FOR FURTHER VII. Recommendation csrc.nist.gov/groups/SMA/ispab/ INFORMATION CONTACT section of this [FR Doc. 2015–12254 Filed 5–21–15; 8:45 am] index.html. notice. BILLING CODE 3510–DS–P The agenda is expected to include the Speakers who wish to expand upon following items: their oral statements, those who had —Presentation from National wished to speak but could not be DEPARTMENT OF COMMERCE Cybersecurity Center of Excellence accommodated on the agenda, and those (NCCoE), who were unable to attend in person are National Institute of Standards and —Updates from Deputy Undersecretary invited to submit written statements. In Technology for Cybersecurity and addition, written statements are invited Communications, U.S. Department of and may be submitted to the ISPAB at Open Meeting of the Information Homeland Security, any time. All written statements should Security and Privacy Advisory Board —Updates on OMB Circular No. A–130 be directed to the ISPAB Secretariat, AGENCY: National Institute of Standards Revised, Management of Federal Information Technology Laboratory, 100 and Technology, Commerce. Information Resources, Bureau Drive, Stop 8930, National ACTION: Notice. —Updates from Deputy Chief Institute of Standards and Technology, Technology Officer, the White House, Gaithersburg, MD 20899–8930. SUMMARY: The Information Security and —Discussion on data security and Privacy Advisory Board (ISPAB) will Kevin Kimball, privacy (auto-manufacturer meet Wednesday, June 10, 2015, from Chief of Staff. communication and usability) with 8:30 a.m. until 5:00 p.m. Eastern Time, National Highway Safety [FR Doc. 2015–12424 Filed 5–21–15; 8:45 am] Thursday, June 11 2015, from 8:30 a.m. Administration (NHTSA), BILLING CODE 3510–13–P until 5:00 p.m. Eastern Time, and —Presentation from Federal Bureau of Friday, June 12, 2015, from 8:30 a.m. Investigation (FBI) on information until 12:00 p.m. Eastern Time. All collection, DEPARTMENT OF COMMERCE sessions will be open to the public. —Presentation on Quantum DATES: The meeting will be held on National Institute of Standards and Cybersecurity, Technology Wednesday, June 10, 2015, from 8:30 —Discussion on Data Breach and a.m. until 5:00 p.m. Eastern Time, Supply Chain Security, National Construction Safety Team Thursday, June 11, 2015, from 8:30 a.m. —Discussion on Executive Order Advisory Committee Meeting until 5:00 p.m. Eastern Time, and 13694—Blocking the Property of Friday, June 12, 2015, from 8:30 a.m. Certain Persons Engaging in AGENCY: National Institute of Standards until 12:00 p.m. Eastern Time. Significant Malicious Cyber-enabled and Technology (NIST), United States ADDRESSES: The meeting will take place Activities, Department of Commerce. at the National Cybersecurity Center of —Discussion on Executive Order ACTION: Notice of Open Federal Excellence (NCCoE), 9600 Gudelsky 13691—Promoting Private Sector Advisory Committee Meeting. Drive, Room B–105, Rockville, Cybersecurity Information Sharing, Maryland 20850. —Panel presentation—Inspector General SUMMARY: The National Construction FOR FURTHER INFORMATION CONTACT: (IG) Reporting on Federal Information Safety Team (NCST) Advisory Annie Sokol, Information Technology Security Management Act (FISMA), Committee (Committee), will hold a Laboratory, National Institute of —Presentation on the Communication meeting via teleconference on Thursday, Standards and Technology, 100 Bureau Security, Reliability and July 2, 2015 from 3:30 p.m. to 5:30 p.m. Drive, Stop 8930, Gaithersburg, MD Interoperability Council (CSRIC) Eastern Time. The purpose of this 20899–8930, telephone: (301) 975–2006, Report on the Cybersecurity meeting is to discuss the NCST or by email at: annie.sokol@nist.gov. Framework, and Advisory Committee’s draft annual SUPPLEMENTARY INFORMATION: Pursuant —Updates on NIST Computer Security report to Congress. A copy of the draft to the Federal Advisory Committee Act, Division. report will be posted prior to the as amended, 5 U.S.C. App., notice is Note that agenda items may change meeting on the NCST Advisory hereby given that the Information without notice. The final agenda will be Committee’s Web site at http:// Security and Privacy Advisory Board posted on the Web site indicated above. www.nist.gov/el/disasterstudies/ncst/ asabaliauskas on DSK5VPTVN1PROD with NOTICES (ISPAB) will meet Wednesday, June 10, Seating will be available for the public index.cfm. Interested members of the 2015, from 8:30 a.m. until 5:00 p.m. and media. Although pre-registration is public will be able to participate in the Eastern Time, Thursday, June 11, 2015, not required to attend this meeting, all meeting from remote locations by from 8:30 a.m. until 5:00 p.m. Eastern attendees must sign-in to obtain site calling into a central phone number. Time, and Friday, June 12, 2015, from access. DATES: The NCST Advisory Committee 8:30 a.m. until 12:00 p.m. Eastern Time. Public Participation: The ISPAB will hold a meeting via teleconference All sessions will be open to the public. agenda will include a period of time, on Thursday, July 2, 2015 from 3:30 The ISPAB is authorized by 15 U.S.C. not to exceed thirty minutes, for oral p.m. to 5:30 p.m. VerDate Sep<11>2014 18:19 May 21, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1


Document Created: 2015-12-15 15:44:54
Document Modified: 2015-12-15 15:44:54
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
ContactEdythe Artman or Dena Crossland, 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- 3931 or (202) 482-3362, respectively.
FR Citation80 FR 29622 
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