81 FR 87907 - Certain Steel Nails From Malaysia: Preliminary Results of the Changed Circumstances Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 234 (December 6, 2016)
International Trade Administration
Federal Register Volume 81, Issue 234 (December 6, 2016)
| Page Range | 87907-87909 | |
| FR Document | 2016-29196 |
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)] [Notices] [Pages 87907-87909] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29196] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-557-816] Certain Steel Nails From Malaysia: Preliminary Results of the Changed Circumstances Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 17, 2015, the Department of Commerce (the ``Department'') initiated a changed circumstance review (``CCR'') of the antidumping duty (``AD'') order on certain steel nails (``nails'') from Malaysia. Pursuant to section 751(b) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.216, the Department preliminarily determines that Inmax Sdn. Bhd. (``Inmax Sdn'') and Inmax Industries Sdn. Bhd. (``Inmax Industries'') (collectively, ``Inmax'') should be collapsed and assigned the same AD cash deposit rate for purposes of determining AD liability in this proceeding. Interested parties are invited to comment on these preliminary results. DATES: Effective December 6, 2016. FOR FURTHER INFORMATION CONTACT: Moses Song, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5041. SUPPLEMENTARY INFORMATION: Background On July 13, 2015, the Department published the AD order on nails from Malaysia in the Federal Register.\1\ On September 2, 2015, Mid Continent Steel & Wire, Inc. (``Petitioner'') requested that the Department conduct a CCR, pursuant to section 751(b) of the Act and 19 CFR 351.216, to determine that Inmax Sdn and Inmax Industries should be collapsed and assigned the same AD cash deposit rate assigned to Inmax Sdn.\2\ On November 17, 2015, the Department initiated this CCR, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(c) and (d), upon finding that there is sufficient information and ``good cause'' regarding new trading [[Page 87908]] patterns and possible evasion of the Order.\3\ --------------------------------------------------------------------------- \1\ See Certain Steel Nails From the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) (``Order''). \2\ See Letter from Petitioner to the Department, regarding ``Certain Steel Nails from Malaysia: Request for Changed Circumstances Review,'' dated September 2, 2015 (``CCR Request''). \3\ See Certain Steel Nails From Malaysia: Initiation of Antidumping Duty Changed Circumstances Review, 80 FR 71772 (November 17, 2015) (``Initiation Notice''). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the Order is certain steel nails having a nominal shaft length not exceeding 12 inches.\4\ Certain steel nails include, but are not limited to, nails made from round wire and nails that are cut from flat-rolled steel. Merchandise covered by this order is currently classified in the Harmonized Tariff System of the United States (``HTSUS'') under 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. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this order is dispositive. --------------------------------------------------------------------------- \4\ 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. --------------------------------------------------------------------------- A complete description of the scope of the Order is contained in the Preliminary Decision Memorandum.\5\ The Preliminary 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, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \5\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Moses Song, International Trade Compliance Analyst, Office VI, through Scot Fullerton, Director, Office VI, regarding ``Decision Memorandum for the Preliminary Results of the Antidumping Duty Changed Circumstances Review of Certain Steel Nails from Malaysia,'' dated concurrently with and hereby adopted in this notice. --------------------------------------------------------------------------- Methodology We are conducting this CCR in accordance with section 751(b)(1) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of the Changed Circumstances Review We preliminarily determine that Inmax Sdn and Inmax Industries are affiliated and should be collapsed as a single entity. Specifically, we find that Inmax Sdn and Inmax Industries are directly controlled by Inmax Holding Co., Ltd. (Inmax Holding) as Inmax Sdn and Inmax Industries are both wholly-owned by Inmax Holding, thereby meeting the affiliation criteria in accordance with section 777(33)(F) of the Act. In addition, we find that Inmax Sdn and Inmax Industries should be collapsed because both producers have production facilities for similar or identical products that would not require substantial retooling in order to restructure manufacturing priorities. Additionally, there is a significant potential for the manipulation of price or production. Regarding a significant potential for the manipulation of price or production, the following criteria are all satisfied: (1) A high level of common ownership; (2) managerial overlap; and (3) intertwined operations. In particular, U.S. Customs and Border Protection (CBP) import data for entries of merchandise under review from the publication date of the preliminary determination of the investigation (i.e., December 29, 2014) to March 31, 2016 (i.e., subsequent to the initiation of this CCR), clearly indicate new trading patterns since the Order was issued in July 2015, which has the potential to undermine the efficacy and integrity of the Order. Furthermore, we note that the collapsing issue was not thoroughly addressed in the final determination of the investigation and that, based on record evidence, there is a significant potential for future manipulation of price or production of subject merchandise between Inmax Sdn and Inmax Industries. A list of topics discussed in the Preliminary Decision Memorandum appears in the Appendix to this notice. If the Department upholds these preliminary results in the final results, entries of subject merchandise produced by Inmax Sdn and Inmax Industries will be subject to the AD cash deposit rate currently assigned to Inmax Sdn (i.e., 39.35 percent).\6\ --------------------------------------------------------------------------- \6\ See Certain Steel Nails From Malaysia; Final Determination of Sales at Less Than Fair Value, 80 FR 28969 (May 20, 2015). --------------------------------------------------------------------------- Public Comment Interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review in the Federal Register.\7\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed by no later than five days after the deadline for filing case briefs.\8\ Parties that submit case or rebuttal briefs are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\9\ All briefs are to be filed electronically using ACCESS.\10\ An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is due.\11\ --------------------------------------------------------------------------- \7\ See 19 CFR 351.309(c)(1)(ii). The Department has exercised its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time limit for submission of case briefs. \8\ See 19 CFR 351.309(d)(1). \9\ See 19 CFR 351.309(c)(2) and (d)(2). \10\ See 19 CFR 351.303(b) and (f). \11\ See 19 CFR 351.303(b). --------------------------------------------------------------------------- Any interested party may submit a request for a hearing to the Assistant Secretary of Enforcement and Compliance using ACCESS within 30 days of publication of this notice in the Federal Register.\12\ Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the briefs.\13\ If a request for a hearing is made, parties will be notified of the time and date of the hearing, which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\14\ Final Results of the Review --------------------------------------------------------------------------- \12\ See 19 CFR 351.310(c). \13\ Id. \14\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- Unless extended, in accordance with 19 CFR 351.216(e), the Department intends to issue the final results of this CCR not later than 270 days after the date on which the review was initiated. Notification to Parties The Department is issuing and publishing these results in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216 and 351.221(c)(3)(i). [[Page 87909]] Dated: November 16, 2016. Paul Piquado, Assistant Secretary, for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Results of the Changed Circumstances Review A. Affiliation Legal Standard Analysis Recommendation B. Collapsing Legal Standard Analysis 1. Affiliation 2. Substantial Retooling of Manufacturing Facilities 3. Significant Potential for Manipulation of Price or Production i. Level of Common Ownership ii. Managerial Overlap iii. Intertwined Operations C. Whether the Department Should Collapse Affiliated Parties After the Final Determination of an Investigation and Prior to the First Administrative Review Recommendation [FR Doc. 2016-29196 Filed 12-5-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices 87907
complete version of the Preliminary Department will determine, and the U.S. DEPARTMENT OF COMMERCE
Decision Memorandum can be accessed Customs and Border Protection (‘‘CBP’’)
directly on the Internet at http:// shall assess, antidumping duties on all International Trade Administration
enforcement.trade.gov/frn/. The signed appropriate entries. If we proceed to a [A–557–816]
Preliminary Decision Memorandum and final rescission of the new shipper
the electronic versions of the review, Sunbeauty’s entries will be Certain Steel Nails From Malaysia:
Preliminary Decision Memorandum are assessed at the rate entered.13 If we do Preliminary Results of the Changed
identical in content. not proceed to a final rescission of the Circumstances Review
Preliminary Rescission of Sunbeauty new shipper review, pursuant to 19 CFR
AGENCY: Enforcement and Compliance,
New Shipper Review 351.212(b)(1), we will calculate
International Trade Administration,
For the reasons detailed in the importer-specific assessment rates. We
Department of Commerce.
Preliminary Decision Memorandum, the will instruct CBP to assess antidumping
SUMMARY: On November 17, 2015, the
Department preliminarily finds that, duties on all appropriate entries covered
by this review if any importer-specific Department of Commerce (the
Sunbeauty’s sales under review are not ‘‘Department’’) initiated a changed
bona fide transactions. As such, the assessment rate calculated in the final
circumstance review (‘‘CCR’’) of the
Department preliminarily finds that we results of this review is above de
antidumping duty (‘‘AD’’) order on
cannot rely on these sales to calculate a minimis.14
certain steel nails (‘‘nails’’) from
dumping margin and there are no sales Malaysia. Pursuant to section 751(b) of
on which we can base this review. Cash Deposit Requirements
the Tariff Act of 1930, as amended (‘‘the
Consequently, the Department is Effective upon publication of the final Act’’), and 19 CFR 351.216, the
preliminarily rescinding the new rescission or the final results of this new Department preliminarily determines
shipper review of Sunbeauty. shipper review, we will instruct CBP to that Inmax Sdn. Bhd. (‘‘Inmax Sdn’’)
Disclosure and Public Comment discontinue the option of posting a bond and Inmax Industries Sdn. Bhd. (‘‘Inmax
The Department will disclose the or security in lieu of a cash deposit for Industries’’) (collectively, ‘‘Inmax’’)
analysis performed for these entries of subject merchandise by should be collapsed and assigned the
preliminary results to the parties within Sunbeauty. If the Department proceeds same AD cash deposit rate for purposes
five days of the date of publication of to a final rescission of the new shipper of determining AD liability in this
this notice in accordance with 19 CFR review, the cash deposit rate will proceeding. Interested parties are
351.224(b). Interested parties may continue to be the PRC-wide rate. If we invited to comment on these
submit written comments by no later issue final results of the new shipper preliminary results.
than 30 days after the date of review for Sunbeauty, we will instruct DATES: Effective December 6, 2016.
publication of these preliminary results CBP to collect cash deposits, effective FOR FURTHER INFORMATION CONTACT:
of review.9 Rebuttals, limited to issues upon the publication of the final results, Moses Song, AD/CVD Operations, Office
raised in the written comments, may be at the rates established therein. VI, Enforcement and Compliance,
filed by no later than five days after the International Trade Administration,
written comments are filed.10 Notification to Importers U.S. Department of Commerce, 1401
Any interested party may request a Constitution Avenue NW., Washington,
hearing within 30 days of publication of This notice also serves as a
preliminary reminder to importers of DC 20230; telephone: (202) 482–5041.
this notice.11 Hearing requests should
their responsibility under 19 CFR SUPPLEMENTARY INFORMATION:
contain the following information: (1)
The party’s name, address, and 351.402(f)(2) to file a certificate Background
telephone number; (2) the number of regarding the reimbursement of
antidumping duties prior to liquidation On July 13, 2015, the Department
participants; and (3) a list of the issues
of the relevant entries during this published the AD order on nails from
to be discussed. Oral presentations will
Malaysia in the Federal Register.1 On
be limited to issues raised in the briefs. review period. Failure to comply with
September 2, 2015, Mid Continent Steel
If a request for a hearing is made, parties this requirement could result in the
& Wire, Inc. (‘‘Petitioner’’) requested
will be notified of the time and date for Department’s presumption that that the Department conduct a CCR,
the hearing to be held at the U.S. reimbursement of antidumping duties pursuant to section 751(b) of the Act
Department of Commerce, 1401 occurred and the subsequent assessment and 19 CFR 351.216, to determine that
Constitution Avenue NW., Washington, of double antidumping duties, Inmax Sdn and Inmax Industries should
DC 20230.12
The Department intends to issue the The Department is issuing and be collapsed and assigned the same AD
final results of this new shipper review, publishing these results in accordance cash deposit rate assigned to Inmax
which will include the results of its with sections 751(a)(2)(B) and 777(i)(l) Sdn.2 On November 17, 2015, the
analysis of issues raised in any such of the Act, and 19 CFR 351.214 and 19 Department initiated this CCR, pursuant
comments, within 90 days of CFR 351.221(b)(4). to section 751(b)(1) of the Act and 19
publication of these preliminary results, CFR 351.216(c) and (d), upon finding
Dated: November 29, 2016.
pursuant to section 751(a)(2)(B)(iv) of that there is sufficient information and
Paul Piquado, ‘‘good cause’’ regarding new trading
the Act.
Assistant Secretary for Enforcement and
mstockstill on DSK3G9T082PROD with NOTICES
Assessment Rates Compliance. 1 See Certain Steel Nails From the Republic of
Upon completion of the final results, [FR Doc. 2016–29230 Filed 12–5–16; 8:45 a.m.] Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
pursuant to 19 CFR 351.212(b), the BILLING CODE 3510–DS–P
Antidumping Duty Orders, 80 FR 39994 (July 13,
2015) (‘‘Order’’).
9 See 19 CFR 351.309(c). 2 See Letter from Petitioner to the Department,
10 See 19 CFR 351.309(d). regarding ‘‘Certain Steel Nails from Malaysia:
11 See 19 CFR 351.310(c). 13 See 19 CFR 351.212(c). Request for Changed Circumstances Review,’’ dated
12 See 19 CFR 351.310(d). 14 See 19 CFR 351.106(c)(2). September 2, 2015 (‘‘CCR Request’’).
VerDate Sep<11>2014 17:39 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\06DEN1.SGM 06DEN1](https://thefederalregister.org/doc/81_FR_88141/page/1.svg)
![Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices 87909
Dated: November 16, 2016. FOR FURTHER INFORMATION CONTACT: Any DEPARTMENT OF COMMERCE
Paul Piquado, member of the public wishing to
Assistant Secretary, for Enforcement and participate may contact Heidi Lovett, National Oceanic and Atmospheric
Compliance. (301) 427–8034; email: heidi.lovett@ Administration
Appendix noaa.gov.
Submission for OMB Review;
List of Topics Discussed in the Preliminary SUPPLEMENTARY INFORMATION: Comment Request
Decision Memorandum
Need for Correction The Department of Commerce will
I. Summary submit to the Office of Management and
II. Background In a notice NMFS published on Budget (OMB) for clearance the
III. Scope of the Order November 25, 2016, on page 85208, in
IV. Preliminary Results of the Changed following proposal for collection of
Circumstances Review the third column, revise the SUMMARY in information under the provisions of the
A. Affiliation its entirety to read as follows: Paperwork Reduction Act (44 U.S.C.
Legal Standard ‘‘This notice sets forth the schedule Chapter 35).
Analysis and proposed agenda of a forthcoming Agency: National Oceanic and
Recommendation
meeting of the Marine Fisheries Atmospheric Administration (NOAA).
B. Collapsing Title: West Coast Region Pacific Coast
Legal Standard Advisory Committee (MAFAC). The
Groundfish Fishery: Trawl
Analysis members will discuss and finalize
Rationalization Cost Recovery Program.
1. Affiliation recommendations on issues and OMB Control Number: 0648–0663.
2. Substantial Retooling of Manufacturing priorities that should be addressed by Form Number(s): None.
Facilities the incoming Administration.’’ Type of Request: Regular (extension of
3. Significant Potential for Manipulation of
Price or Production Background a currently approved information
i. Level of Common Ownership collection).
ii. Managerial Overlap The MAFAC was established by the Number of Respondents: 176.
iii. Intertwined Operations Secretary of Commerce (Secretary), and, Average Hours per Response: Cost
C. Whether the Department Should since 1971, advises the Secretary on all recovery and annual reporting forms, 1
Collapse Affiliated Parties After the Final living marine resource matters that are hour; failure to pay reports, 4 hours.
Determination of an Investigation and the responsibility of the Department of Burden Hours: 1,898.
Prior to the First Administrative Review
Commerce. The charter and other Needs and Uses: This request is for an
Recommendation extension of a currently approved
information are located online at http://
[FR Doc. 2016–29196 Filed 12–5–16; 8:45 am]
www.nmfs.noaa.gov/ocs/mafac/. information collection.
BILLING CODE 3510–DS–P The Magnuson-Stevens Fishery
Matters To Be Considered Conservation and Management Act
requires that the Secretary of Commerce
DEPARTMENT OF COMMERCE The Committee is convening to maintain a cost recovery program to
discuss and finalize their cover part of the management, data
National Oceanic and Atmospheric recommendations on fisheries and collection, and enforcement costs of the
Administration living marine resource issues and limited access privilege programs, such
RIN 0648–XF057
priorities that should be addressed by as the Pacific coast groundfish fishery’s
the incoming Administration. Other trawl rationalization program. This cost
Marine Fisheries Advisory Committee; administrative matters may be recovery program requires fish sellers to
Correction considered. This date, time, and agenda submit fees to fish buyers who then
are subject to change. submit those fees to the National Marine
AGENCY: National Marine Fisheries Fisheries Service (NMFS) and include
Service (NMFS), National Oceanic and Time and Date
information about the volume and value
Atmospheric Administration (NOAA), of groundfish. Information is collected
Commerce. The meeting is scheduled for
December 14, 2016, 2–4 p.m., Eastern from monthly and annual reports as
ACTION: Notice of open public meetings; well as non-payment documents when
Standard Time by conference call.
correction. necessary.
Conference call information for the
public will be posted at http:// This program is authorized under the
SUMMARY: This notice corrects the
www.nmfs.noaa.gov/ocs/mafac/ by Pacific coast groundfish fishery
SUMMARY section to a notice published
December 7, 2016. regulations, trawl rationalization cost
on November 25, 2016, which contained
recovery program at 50 CFR 660.115.
incorrect information about what will be
Special Accommodations Affected Public: Business or other for-
discussed at the forthcoming meeting of
profit organizations.
the Marine Fisheries Advisory These meetings are physically Frequency: Monthly and annually.
Committee (MAFAC). This correction accessible to people with disabilities. Respondent’s Obligation: Mandatory.
sets out the SUMMARY in full to make it Requests for sign language This information collection request
clear that the members will discuss and interpretation or other auxiliary aids may be viewed at reginfo.gov. Follow
finalize recommendations on issues and should be directed to Heidi Lovett, 301– the instructions to view Department of
priorities that should be addressed by 427–8034 by December 7, 2016. Commerce collections currently under
mstockstill on DSK3G9T082PROD with NOTICES
the incoming Administration. review by OMB.
Dated: December 1, 2016.
DATES: The meeting is scheduled for Written comments and
December 14, 2016, 2–4 p.m., Eastern Jennifer Lukens, recommendations for the proposed
Standard Time. Director for the Office of Policy, National information collection should be sent
ADDRESSES: Public access is available at Marine Fisheries Service. within 30 days of publication of this
1315 East-West Highway, Silver Spring, [FR Doc. 2016–29248 Filed 12–5–16; 8:45 am] notice to OIRA_Submission@
MD 20910. BILLING CODE 3510–22–P omb.eop.gov or fax to (202) 395–5806.
VerDate Sep<11>2014 17:39 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\06DEN1.SGM 06DEN1](https://thefederalregister.org/doc/81_FR_88141/page/3.svg)
Document Created: 2016-12-06 02:18:52
Document Modified: 2016-12-06 02:18:52
| 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 December 6, 2016. | |
| Contact | Moses Song, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5041. | |
| FR Citation | 81 FR 87907 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR