80 FR 34370 - Certain Steel Nails From Malaysia: Amended Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 115 (June 16, 2015)
International Trade Administration
Federal Register Volume 80, Issue 115 (June 16, 2015)
| Page Range | 34370-34371 | |
| FR Document | 2015-14767 |
[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)] [Notices] [Pages 34370-34371] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14767] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-557-816] Certain Steel Nails From Malaysia: Amended 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) is amending its final determination in the less-than-fair-value investigation of certain steel nails from Malaysia, to correct a ministerial error. DATES: Effective Date: June 16, 2015. FOR FURTHER INFORMATION CONTACT: Edythe Artman or Steve Bezirganian, 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) 482-1131, respectively. SUPPLEMENTARY INFORMATION: Background On May 20, 2015, the Department published the final determination of the less-than-fair-value investigation of certain steel nails from Malaysia.\1\ On May 22, 2015, Mid Continent Steel & Wire, Inc., (Petitioner), submitted a ministerial error allegation.\2\ No other party commented on this allegation. --------------------------------------------------------------------------- \1\ See Certain Steel Nails From Malaysia; Final Determination of Sales at Less Than Fair Value, 80 FR 28969 (May 20, 2015) (Final Determination). \2\ See Letter from Petitioner to the Department, ``Certain Steel Nails from Malaysia: Petitioner's Ministerial Error Allegation,'' dated May 22, 2015. --------------------------------------------------------------------------- Based on our analysis of this allegation, we revised the margin calculation for Region System Sdn. Bhd. and Region International Co., Ltd. (collectively, Region), and assigned a new All Others rate, as discussed below.\3\ --------------------------------------------------------------------------- \3\ See also the memorandum entitled ``Amended Final Determination of the Less-Than-Fair-Value Investigation of Certain Steel Nails from Malaysia: Allegation of Ministerial Error,'' dated concurrently with this determination and hereby adopted by this notice. --------------------------------------------------------------------------- Scope of the Investigation The scope of the investigation appears in Appendix I of the Final Determination. Ministerial Error Section 751(h) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.224(f) define a ``ministerial error'' as an error ``in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.'' Petitioner noted that in the Final Determination, we recalculated the U.S. warranty expense field such that it was denominated in U.S. dollars per kilogram, but then applied currency exchange conversions to the U.S. warranty expenses in the U.S. margin calculation as if they were denominated in Malaysian currency per kilogram. No other party commented on this allegation. We agree with Petitioner that we made a ministerial error within the meaning of 19 CFR 351.224(f) with respect to the recalculated U.S. warranty expense field. Therefore, we are amending the final determination in accordance with section 751(h) of the Act and 19 CFR 351.224(e). Amended Final Determination The Department determines that the following amended weighted- average dumping margins exist for the period April 1, 2013 through March 31, 2014, as discussed above: \4\ --------------------------------------------------------------------------- \4\ Note that the weighted-average dumping margins of 39.35 percent identified in the Final Determination for Inmax Sdn. Bhd. (``Inmax'') and Tag Fasteners Sdn. Bhd. (``Tag'') remain unchanged. See Final Determination at 28970. ------------------------------------------------------------------------ Weighted- average Exporter or producer dumping margin (percent) ------------------------------------------------------------------------ Region System Sdn. Bhd. and Region International Co., Ltd... 2.66 All Others.................................................. 2.66 ------------------------------------------------------------------------ Continuation of Suspension of Liquidation The following cash deposit requirements will be effective upon publication of this notice for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of this amended final determination, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Region will be the rate we determined in this amended final determination (i.e., 2.66 percent); (2) the cash deposit rates for Inmax and Tag will continue to be those identified in the Final Determination (i.e., 39.35 percent) (3) 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; and (4) the rate for all other producers or exporters will be 2.66 percent, as indicated above. These suspension of liquidation instructions will remain in effect until further notice. U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we notified the U.S. International Trade Commission (ITC) of the Final Determination and our amended final determination. As the Final Determination and our preliminary determination were both affirmative, in accordance with section [[Page 34371]] 735(b)(3) of the Act, the ITC will determine within 45 days of the Final Determination 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. This amended final determination notice is published in accordance with section 735(e) of the Act and 19 CFR 351.224(e). Dated: June 10, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-14767 Filed 6-15-15; 8:45 am] BILLING CODE 3510-DS-P
![34370 Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices
We will instruct CBP to assess determination in the less-than-fair-value in Malaysian currency per kilogram. No
antidumping duties on all appropriate investigation of certain steel nails from other party commented on this
entries covered by this review where an Malaysia, to correct a ministerial error. allegation. We agree with Petitioner that
importer-specific assessment rate is not DATES: Effective Date: June 16, 2015. we made a ministerial error within the
zero or de minimis. We will instruct FOR FURTHER INFORMATION CONTACT: meaning of 19 CFR 351.224(f) with
CBP to liquidate without regard to Edythe Artman or Steve Bezirganian, respect to the recalculated U.S. warranty
antidumping duties any entries for AD/CVD Operations, Office VI, expense field. Therefore, we are
which the importer-specific assessment Enforcement and Compliance, amending the final determination in
rate is zero or de minimis. International Trade Administration, accordance with section 751(h) of the
U.S. Department of Commerce, 14th Act and 19 CFR 351.224(e).
Cash Deposit Requirements
Street and Constitution Avenue NW., Amended Final Determination
Since the Final Results, the Washington, DC 20230; telephone: (202)
Department completed a subsequent The Department determines that the
482–3931 or (202) 482–1131, following amended weighted-average
administrative review of, and respectively.
established a new cash deposit rate for, dumping margins exist for the period
New-Tec. Therefore, New-Tec’s cash SUPPLEMENTARY INFORMATION: April 1, 2013 through March 31, 2014,
deposit rate does not need to be updated as discussed above: 4
Background
as a result of these amended final
results. Rather, New-Tec’s cash deposit On May 20, 2015, the Department Weighted-
published the final determination of the average
rate will continue to be 0.00 percent, the Exporter or producer dumping
rate established in that review.4 less-than-fair-value investigation of margin
certain steel nails from Malaysia.1 On (percent)
Notification to Importers May 22, 2015, Mid Continent Steel &
This notice also serves as a final Wire, Inc., (Petitioner), submitted a Region System Sdn. Bhd. and
ministerial error allegation.2 No other Region International Co., Ltd .. 2.66
reminder to importers of their All Others .................................... 2.66
responsibility under 19 CFR 351.402(f) party commented on this allegation.
to file a certificate regarding the Based on our analysis of this
allegation, we revised the margin Continuation of Suspension of
reimbursement of antidumping duties
calculation for Region System Sdn. Bhd. Liquidation
prior to liquidation of the relevant
entries during this review period. and Region International Co., Ltd. The following cash deposit
Failure to comply with this requirement (collectively, Region), and assigned a requirements will be effective upon
could result in the Secretary’s new All Others rate, as discussed publication of this notice for all
presumption that reimbursement of below.3 shipments of subject merchandise
antidumping duties occurred, and the entered, or withdrawn from warehouse,
Scope of the Investigation
subsequent assessment of double for consumption on or after the
antidumping duties. The scope of the investigation appears publication of this amended final
We are issuing this determination and in Appendix I of the Final determination, as provided by section
publishing these amended final results Determination. 751(a)(2) of the Act: (1) The cash deposit
and notice in accordance with 19 U.S.C. Ministerial Error rate for Region will be the rate we
1516(e). determined in this amended final
Section 751(h) of the Tariff Act of determination (i.e., 2.66 percent); (2) the
Dated: June 9, 2015. 1930, as amended (the Act), and 19 CFR cash deposit rates for Inmax and Tag
Paul Piquado, 351.224(f) define a ‘‘ministerial error’’ as will continue to be those identified in
Assistant Secretary for Enforcement and an error ‘‘in addition, subtraction, or the Final Determination (i.e., 39.35
Compliance. other arithmetic function, clerical error percent) (3) if the exporter is not a firm
[FR Doc. 2015–14769 Filed 6–15–15; 8:45 am] resulting from inaccurate copying, identified in this investigation but the
BILLING CODE 3510–DS–P duplication, or the like, and any other producer is, the rate will be the rate
similar type of unintentional error established for the producer of the
which the Secretary considers subject merchandise; and (4) the rate for
DEPARTMENT OF COMMERCE ministerial.’’ all other producers or exporters will be
Petitioner noted that in the Final 2.66 percent, as indicated above. These
International Trade Administration Determination, we recalculated the U.S. suspension of liquidation instructions
[A–557–816] warranty expense field such that it was will remain in effect until further notice.
denominated in U.S. dollars per
kilogram, but then applied currency U.S. International Trade Commission
Certain Steel Nails From Malaysia:
exchange conversions to the U.S. Notification
Amended Final Determination of Sales
at Less Than Fair Value warranty expenses in the U.S. margin In accordance with section 735(d) of
calculation as if they were denominated the Act, we notified the U.S.
AGENCY: Enforcement and Compliance, International Trade Commission (ITC) of
International Trade Administration, 1 See Certain Steel Nails From Malaysia; Final the Final Determination and our
Department of Commerce. Determination of Sales at Less Than Fair Value, 80 amended final determination. As the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
FR 28969 (May 20, 2015) (Final Determination). Final Determination and our
SUMMARY: The Department of Commerce 2 See Letter from Petitioner to the Department,
(the Department) is amending its final ‘‘Certain Steel Nails from Malaysia: Petitioner’s
preliminary determination were both
Ministerial Error Allegation,’’ dated May 22, 2015. affirmative, in accordance with section
Thereof from the People’s Republic of China; 2009– 3 See also the memorandum entitled ‘‘Amended
2010’’ dated concurrently with this notice. Final Determination of the Less-Than-Fair-Value 4 Note that the weighted-average dumping
4 See Hand Trucks and Certain Parts Thereof Investigation of Certain Steel Nails from Malaysia: margins of 39.35 percent identified in the Final
From the People’s Republic of China: Final Results Allegation of Ministerial Error,’’ dated concurrently Determination for Inmax Sdn. Bhd. (‘‘Inmax’’) and
of Antidumping Duty Administrative Review; 2011– with this determination and hereby adopted by this Tag Fasteners Sdn. Bhd. (‘‘Tag’’) remain unchanged.
2012, 79 FR 44008 (July 29, 2014). notice. See Final Determination at 28970.
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![Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices 34371
735(b)(3) of the Act, the ITC will period of review (POR) is December 1, zero or de minimis. We will instruct
determine within 45 days of the Final 2010, through November 30, 2011. CBP to liquidate without regard to
Determination whether the domestic The administrative review covered antidumping duties any entries for
industry in the United States is four companies, New-Tec Integration which the importer-specific assessment
materially injured, or threatened with (Xiamen) Co., Ltd. (New-Tec), WelCom rate is zero or de minimis.
material injury, by reason of imports or Products, Inc. (WelCom), Yuhuan
Tongsheng Industry Company Cash Deposit Requirements
sales (or the likelihood of sales) for
importation of the subject merchandise. (Tongsheng), and Yangjiang Shunhe Since the Final Results, the
If the ITC determines that such injury Industrial Co., Ltd. and Yangjiang Department completed a subsequent
exists, the Department will issue an Shunhe Industrial & Trade Co., Ltd. administrative review of, and
antidumping duty order directing CBP (collectively, Shunhe). In the Final established a new cash deposit rate for,
to assess, upon further instruction by Results, the Department rescinded the New-Tec. Therefore, New-Tec’s cash
the Department, antidumping duties on administrative review with respect to deposit rate does not need to be updated
all imports of the subject merchandise WelCom, Tongsheng, and Shunhe, and as a result of these amended final
entered, or withdrawn from warehouse, assigned to New-Tec, an exporter of results. Rather, New-Tec’s cash deposit
for consumption on or after the effective hand trucks and certain parts thereof rate will continue to be 0.00 percent, the
date of the suspension of liquidation. from the People’s Republic of China to rate established in that review.4
This amended final determination the United States, a rate of 9.21 percent
for the 2010–2011 period of review. Notification to Importers
notice is published in accordance with
section 735(e) of the Act and 19 CFR Following the publication of the Final This notice also serves as a final
351.224(e). Results, Gleason Industrial Products, reminder to importers of their
Inc. and Precision Products, Inc. responsibility under 19 CFR 351.402(f)
Dated: June 10, 2015. (collectively, Gleason), domestic to file a certificate regarding the
Paul Piquado, interested parties, and Cosco Home and reimbursement of antidumping duties
Assistant Secretary for Enforcement and Office Products (Cosco), a U.S. importer, prior to liquidation of the relevant
Compliance. filed lawsuits with the United States entries during this review period.
[FR Doc. 2015–14767 Filed 6–15–15; 8:45 am] Court of International Trade (CIT) Failure to comply with this requirement
BILLING CODE 3510–DS–P challenging various aspects of the could result in the Secretary’s
Department’s final results of presumption that reimbursement of
administrative review. antidumping duties occurred, and the
DEPARTMENT OF COMMERCE The United States, Gleason, and subsequent assessment of double
Cosco have entered into an agreement to antidumping duties.
International Trade Administration settle this dispute. Pursuant to the terms We are issuing this determination and
[A–570–891] of settlement and the stipulation for publishing these amended final results
entry of judgment, the amended final in accordance with 19 U.S.C. 1516(e).
Hand Trucks and Certain Parts Thereof weighted-average dumping margin for
New-Tec is 5.38 percent. The Court Dated: June 9, 2015.
From the People’s Republic of China:
issued its Order of Judgment by Paul Piquado,
Notice of Amended Final Results of
Antidumping Duty Administrative Stipulation on May 29, 2015.2 Assistant Secretary for Enforcement and
Compliance.
Review Pursuant to Settlement; 2010– Assessment Rates
2011 [FR Doc. 2015–14772 Filed 6–15–15; 8:45 am]
The Department shall determine, and BILLING CODE 3510–DS–P
AGENCY: Enforcement and Compliance, CBP shall assess, antidumping duties on
International Trade Administration, all appropriate entries covered by this
Department of Commerce. review. The Department intends to issue DEPARTMENT OF COMMERCE
DATES: Effective Date: June 16, 2015. assessment instructions to CBP within
15 days after the date of publication of National Oceanic and Atmospheric
FOR FURTHER INFORMATION CONTACT:
these amended final results of review in Administration
Scott Hoefke or Robert James, AD/CVD
the Federal Register. RIN 0648–XD732
Operations, Office VI, Enforcement and We have calculated importer-specific
Compliance, International Trade per-unit antidumping duty assessment
Administration, U.S. Department of Takes of Marine Mammals Incidental to
rates by aggregating the total amount of Specified Activities; Taking Marine
Commerce, 14th Street and Constitution dumping calculated for the examined
Avenue NW., Washington, DC 20230; Mammals Incidental to Shell Ice
sales of each importer and dividing each Overflight Surveys in the Beaufort and
telephone: (202) 482–4947 and (202) of these amounts by the total entered
482–0649, respectively. Chukchi Seas, Alaska
quantity associated with those sales.3
SUPPLEMENTARY INFORMATION: We will instruct CBP to assess AGENCY: National Marine Fisheries
Background antidumping duties on all appropriate Service (NMFS), National Oceanic and
entries covered by this review where an Atmospheric Administration (NOAA),
On May 16, 2013, the Department of importer-specific assessment rate is not Commerce.
Commerce (the Department) published ACTION: Notice; issuance of an incidental
asabaliauskas on DSK5VPTVN1PROD with NOTICES
the final results of its administrative 2 See Cosco Home and Office Products v. United
harassment authorization.
review of the antidumping duty order States, Consol. Court No. 13–00217, Doc. No. 85
on hand trucks and certain parts thereof (May 29, 2015).
3 See Memorandum to: The File ‘‘Per-Unit
SUMMARY:In accordance with the
from People’s Republic of China.1 The Marine Mammal Protection Act
Assessment Calculation for New-Tec Integration
(Xiamen) Co., Ltd. (New-Tec) in the Amended Final
1 See Hand Trucks and Certain Parts Thereof Results of Admininstrative Review of the 4 See Hand Trucks and Certain Parts Thereof
from the People’s Republic of China: Final Results Antidumping Order on Hand Trucks and Parts From the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; 2010– Thereof from the People’s Republic of China; 2010– of Antidumping Duty Administrative Review; 2011–
2011, 78 FR 28801 (May 16, 2013) (Final Results). 2011’’ dated concurrently with this notice. 2012, 79 FR 44008 (July 29, 2014).
VerDate Sep<11>2014 17:18 Jun 15, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\16JNN1.SGM 16JNN1](https://thefederalregister.org/doc/80_FR_34485/page/2.svg)
Document Created: 2018-02-22 10:23:11
Document Modified: 2018-02-22 10:23:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: June 16, 2015. | |
| Contact | Edythe Artman or Steve Bezirganian, 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) 482-1131, respectively. | |
| FR Citation | 80 FR 34370 |
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