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)

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.

[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]


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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.
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    \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.
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    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\
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    \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.
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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\
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    \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