82 FR 14344 - Certain Steel Nails From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments and Final Partial Rescission; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 52 (March 20, 2017)
International Trade Administration
Federal Register Volume 82, Issue 52 (March 20, 2017)
| Page Range | 14344-14346 | |
| FR Document | 2017-05429 |
[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)] [Notices] [Pages 14344-14346] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05429] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-909] Certain Steel Nails From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments and Final Partial Rescission; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) published the Preliminary Results of the seventh administrative review of the antidumping duty order on certain steel nails from the People's Republic of China (PRC) on September 12, 2016. We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculation for these final results regarding one of the mandatory respondents, Stanley. We also continue to find that the other mandatory respondent, Tianjin Lianda Group Co. Ltd. (Tianjin Lianda), is not eligible for separate rate status and, thus, is part of the PRC-wide entity. The final dumping margins are listed below in the ``Final Results of Administrative Review'' section of this notice. The period of review (``POR'') is August 1, 2014, through July 31, 2015. DATES: Effective March 20, 2017. FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Omar Qureshi, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202-482-4031 or 202-482- 5307, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Results \1\ on September 12, 2016.\2\ On December 1, 2016, the Department extended the deadline in this proceeding by 60 days.\3\ The revised deadline for the final results of this review is now March 13, 2017.\4\ --------------------------------------------------------------------------- \1\ See Certain Steel Nails From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015, 81 FR 62710 (September 12, 2016) (Preliminary Results) and accompanying Preliminary Decision Memorandum. \2\ See Preliminary Results. \3\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Susan Pulongbarit, Senior International Trade Analyst, Antidumping and Countervailing Duty Operations, ``Certain Steel Nails from the People's Republic of China: Extension of the Deadline for the Final Results of the Seventh Antidumping Duty Administrative Review,'' dated December 1, 2016. \4\ Id. --------------------------------------------------------------------------- In accordance with 19 CFR 351.309, we invited parties to comment on our Preliminary Results. On October 31, 2016, Certified Products International,\5\ Midwest Air Technologies, Inc.,\6\ Origin Point Brands,\7\ Mid Continent Steel & Wire, Inc. (Petitioner),\8\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker Inc.,\9\ and Tianjin Lianda Group Co., Ltd.\10\ submitted timely filed case briefs, pursuant to our regulations.\11\ Additionally, on November 9, 2016, Petitioner, Stanley,\12\ and Tianjin Lianda submitted timely-filed rebuttal briefs.\13\ --------------------------------------------------------------------------- \5\ Certified Products International (CPI) \6\ Midwest Air Technologies, Inc. (MAT). \7\ Origin Point Brands (OPB). \8\ Mid Continent Steel & Wire, Inc. (Petitioner). \9\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker Inc. (Stanley). \10\ Tianjin Lianda Group Co., Ltd. (Tianjin Lianda). \11\ See e.g., Letter to the Secretary, from CPI, regarding ``Case Brief: Seventh Administrative Review of the Antidumping Duty Order on Certain Steel Nails from the People's Republic of China,'' dated October 31, 2016. \12\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc. (collectively, Stanley). \13\ See e.g., Letter to the Secretary, from Petitioner, regarding ``Certain Steel Nails from the People's Republic of China: Petitioner's Rebuttal Brief,'' dated November 9, 2016. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the order includes certain steel nails having a shaft length up to 12 inches. Certain steel nails subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (``HTSUS'') subheadings 7317.00.55, 7317.00.65, 7317.00.75, and 7907.00.6000.\14\ While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order, which is contained in the accompanying Issues and Decision Memorandum (``I&D Memo''), is dispositive.\15\ --------------------------------------------------------------------------- \14\ The Department recently added the Harmonized Tariff Schedule category 7907.00.6000, ``Other articles of zinc: Other,'' to the language of the Order. See Memorandum to Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office 9, Antidumping and Countervailing Duty Operations, regarding ``Certain Steel Nails from the People's Republic of China: Cobra Anchors Co. Ltd. Final Scope Ruling,'' (September 19, 2013). \15\ For a full description of the scope of the Order, see Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Certain Steel Nails from the People's Republic of China: Issues and Decision Memorandum for the Final Results of the Seventh Antidumping Duty Administrative Review'' (March 13, 2017) (``I&D Memo'') which is adopted by this notice. --------------------------------------------------------------------------- Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs by parties to this review in the I&D Memo. Attached to this notice, in Appendix I, is a list of the issues which parties raised. The I&D Memo is a public document and is on file in the Central Records Unit (``CRU''), Room B8024 of the main Department of Commerce building, as [[Page 14345]] well as 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 in the CRU. In addition, a complete version of the I&D Memo can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed I&D Memo and the electronic versions of the I&D Memo are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, and for the reasons explained in the I&D Memo, we revised the margin calculation for Stanley. Accordingly, for the final results, the Department has updated the margin to be assigned to companies eligible for a separate rate as the revised calculated margin of the sole mandatory respondent, Stanley, whose margin is not zero, de minimis, or based on facts available, unlike the other mandatory respondent, Tianjin Lianda, whose margin is the PRC-wide entity rate of 118.04 percent. The Surrogate Values Memo contains further explanation of our changes to the surrogate values selected for Stanley's factors of production.\16\ For a list of all issues addressed in these final results, please refer to Appendix I accompanying this notice. --------------------------------------------------------------------------- \16\ See Memorandum to the File, through Paul Walker, Program Manager, Office V, Enforcement and Compliance, from Susan Pulongbarit, Senior International Trade Analyst, Office V, Enforcement and Compliance, regarding Seventh Antidumping Administrative Review of Certain Steel Nails from the People's Republic of China: Surrogate Values for the Final Results, dated concurrently with and hereby adopted by this notice (Surrogate Values Memo). --------------------------------------------------------------------------- Final Determination of No Shipments In the Preliminary Results, the Department preliminarily determined that Besco Machinery Industry (Zhejiang) Co., Ltd. (``Besco''), Jining Huarong Hardware Products Co., Ltd., Nanjing Yuechang Hardware Co., Ltd., PT Enterprise Inc., Shanxi Tuci Broad Wire Products Co., Ltd., and Zhejian Gem-Chun Hardware Accessory Co., Ltd. did not have any reviewable transactions during the POR.\17\ Consistent with the Department's assessment practice in non-market economy (``NME'') cases, we completed the review with respect to the above-named companies. Based on the certifications submitted by the aforementioned companies, and our analysis of CBP information, we continue to determine that these companies did not have any reviewable transactions during the POR. As noted in the ``Assessment Rates'' section below, the Department intends to issue appropriate instructions to CBP for the above-named companies based on the final results of this review. --------------------------------------------------------------------------- \17\ The Department inadvertently included Certified Products International Inc.; Xi'an Metals & Minerals Import & Export Co., Ltd.; and Shandong Oriental Cherry Hardware Import & Export Co., Ltd. in the no shipments category in the Preliminary Results. Therefore, the Department removed these companies from the no shipments category, as discussed in Comment 4 in the Issues and Decision Memorandum. --------------------------------------------------------------------------- Final Partial Rescission of Antidumping Duty Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90-days of the date of publication of notice of initiation of the requested review. Petitioner withdrew its request for an administrative review on CPI, Chiieh Yung Metal Industrial Corporation, Mingguang Abundant Hardware Products Co., Ltd., and Shandong Oriental Cherry Hardware Group; no other party requested a review of these companies.\18\ --------------------------------------------------------------------------- \18\ See Issues and Decision Memorandum at Comment 4. --------------------------------------------------------------------------- Accordingly, we are rescinding this review, in part, with respect to these companies, pursuant to 19 CFR 351.213(d)(1).\19\ --------------------------------------------------------------------------- \19\ The Department notes that CPI; Chiieh Yung Metal Industrial Corporation; Mingguang Abundant Hardware Products Co., Ltd.; and Shandong Oriental Cherry Hardware Group were inadvertently added to the separate rate category in the Preliminary Results. As discussed in Comment 4 of the I&D Memo, Petitioner timely withdrew its request for reviews on these companies. Therefore, the Department removed these companies from the separate rate category. --------------------------------------------------------------------------- Final Results of Administrative Review The weighted-average dumping margins for the administrative review are as follows: --------------------------------------------------------------------------- \20\ Although, the Department initiated this administrative review on Tianjin Universal Machinery Import and Export Corp., the company name, Tianjin Universal Machinery Imp. & Exp. Corporation, was the only name listed in the business license that was submitted in the separate rate application. Accordingly, the Department is granting a separate rate to Tianjin Universal Machinery Imp. & Exp. Corporation. ------------------------------------------------------------------------ Weighted- average Exporter margin (percent) ------------------------------------------------------------------------ The Stanley Works (Langfang) Fastening Systems Co., Ltd. 6.22 and Stanley Black & Decker, Inc........................ Dezhou Hualude Hardware Products Co., Ltd............... 6.22 Hebei Cangzhou New Century Foreign Trade Co., Ltd....... 6.22 Mingguang Ruifeng Hardware Products Co., Ltd............ 6.22 Nanjing Caiqing Hardware Co., Ltd....................... 6.22 Qingdao D&L Group Ltd................................... 6.22 SDC International Aust. PTY. Ltd........................ 6.22 Shandong Dinglong Import & Export Co., Ltd.............. 6.22 Shanghai Curvet Hardware Products Co., Ltd.............. 6.22 Shanghai Yueda Nails Industry Co., Ltd.................. 6.22 Shanxi Hairui Trade Co., Ltd............................ 6.22 Shanxi Pioneer Hardware Industrial Co., Ltd............. 6.22 Shanxi Tianli Industries Co., Ltd....................... 6.22 S-Mart (Tianjin) Technology Development Co., Ltd........ 6.22 Suntec Industries Co., Ltd.............................. 6.22 Tianjin Jinchi Metal Products Co., Ltd.................. 6.22 Tianjin Jinghai County Hongli Industry & Business Co., 6.22 Ltd.................................................... Tianjin Universal Machinery Imp. & Exp. Corporation.\20\ 6.22 ------------------------------------------------------------------------ [[Page 14346]] Assessment Rates Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.212(b), the Department has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review. Where the respondent reported reliable entered values, we calculated importer- (or customer-) specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to each importer (or customer) and dividing this amount by the total entered value of the sales to each importer (or customer).\21\ Where the Department calculated a weighted-average dumping margin by dividing the total amount of dumping for reviewed sales to that party by the total sales quantity associated with those transactions, the Department will direct CBP to assess importer-specific assessment rates based on the resulting per-unit rates.\22\ Where an importer- (or customer-) specific ad valorem or per-unit rate is greater than de minimis (i.e., 0.50 percent), the Department will instruct CBP to collect the appropriate duties at the time of liquidation.\23\ Where an importer- (or customer-) specific ad valorem or per-unit rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\24\ We intend to instruct CBP to liquidate entries containing subject merchandise exported by the PRC-wide entity at the PRC-wide rate. --------------------------------------------------------------------------- \21\ See 19 CFR 351.212(b)(1). \22\ Id. \23\ Id. \24\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- Pursuant to the Department's assessment practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide entity rate. Additionally, if the Department determines that an exporter had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide entity rate.\25\ --------------------------------------------------------------------------- \25\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be the rate established in the final results of review (except, if the rate is zero or de minimis, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-Wide rate of 118.04 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non-PRC exporter. The deposit requirements, when imposed, shall remain in effect until further notice. Disclosure We intend to disclose the calculations performed regarding these final results within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. 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 terms of an APO is a violation which is subject to sanction. We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: March 13, 2017. Ronald Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I--Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Differential Pricing Methodology Comment 2: Calculation of Separate Rate Margin Comment 3: Clarification of the Scope of the Order Comment 4: Rescission for Certain Companies Comment 5: Tianjin Lianda's Separate Rate Status Comment 6: Treatment of Stanley's Scrap Comment 7: Surrogate Financial Ratio Calculation Comment 8: Surrogate Value for Stanley's Paper Tape Comment 9: Surrogate Value for Stanley's Sealing Tape Comment 10: Surrogate Value for Stanley's Plastic Granules Comment 11: Surrogate Value for Stanley's Cardboard Corner Board Comment 12: Surrogate Value for Stanley's Insert Paper Board Comment 13: Surrogate Value for Stanley's Pallet Board V. Conclusion [FR Doc. 2017-05429 Filed 3-17-17; 8:45 a.m.] BILLING CODE 3510-DS-P
![14344 Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices
OMB Control Number: 0560–0234. nails from the People’s Republic of Inc.,9 and Tianjin Lianda Group Co.,
Summary of Collection: The Farm China (PRC) on September 12, 2016. We Ltd.10 submitted timely filed case briefs,
Loan Program provides supervised gave interested parties an opportunity to pursuant to our regulations.11
credit in the form of loans to family comment on the Preliminary Results. Additionally, on November 9, 2016,
farmers to purchase real estate and Based upon our analysis of the Petitioner, Stanley,12 and Tianjin
equipment and finance agricultural comments and information received, we Lianda submitted timely-filed rebuttal
production. Authority to establish the made changes to the margin calculation briefs.13
regulatory requirements contained in 7 for these final results regarding one of Scope of the Order
CFR 767 is provided under section 302 the mandatory respondents, Stanley. We
of the Act (7 U.S.C. 1922) which also continue to find that the other The merchandise covered by the order
provides that ‘‘the Secretary is mandatory respondent, Tianjin Lianda includes certain steel nails having a
authorized to make and insure under Group Co. Ltd. (Tianjin Lianda), is not shaft length up to 12 inches. Certain
this title to farmers . . .’’ Section 339 of eligible for separate rate status and, steel nails subject to the order are
the Act (7 U.S.C. 1989) further provides thus, is part of the PRC-wide entity. The currently classified under the
that ‘‘the Secretary is authorized to final dumping margins are listed below Harmonized Tariff Schedule of the
make such rules and regulations, in the ‘‘Final Results of Administrative United States (‘‘HTSUS’’) subheadings
prescribe the terms and conditions for Review’’ section of this notice. The 7317.00.55, 7317.00.65, 7317.00.75, and
making . . . loans, security instruments period of review (‘‘POR’’) is August 1, 7907.00.6000.14 While the HTSUS
and agreements, except as otherwise 2014, through July 31, 2015. subheadings are provided for
specified herein, and to make such convenience and customs purposes, the
DATES: Effective March 20, 2017.
delegations of authority as he deems written description of the scope of the
FOR FURTHER INFORMATION CONTACT: order, which is contained in the
necessary to carry out this title.’’
Need and use of the Information: Susan Pulongbarit or Omar Qureshi, accompanying Issues and Decision
Information collections are submitted by AD/CVD Operations, Office V, Memorandum (‘‘I&D Memo’’), is
applicants to the local agency office Enforcement and Compliance, dispositive.15
serving the country in which their International Trade Administration,
U.S. Department of Commerce, 1401 Analysis of Comments Received
business is headquartered. The
Constitution Avenue NW., Washington, We addressed all issues raised in the
information is necessary to thoroughly
DC 20230; telephone 202–482–4031 or case and rebuttal briefs by parties to this
evaluate an applicant’s request to
202–482–5307, respectively. review in the I&D Memo. Attached to
purchase inventory property and is used
SUPPLEMENTARY INFORMATION: this notice, in Appendix I, is a list of the
by the agency to determine an
issues which parties raised. The I&D
applicant’s eligibility to lease or Background Memo is a public document and is on
purchase inventory property and to
The Department published the file in the Central Records Unit
ensure payment of the lease or purchase (‘‘CRU’’), Room B8024 of the main
amount. Preliminary Results 1 on September 12,
2016.2 On December 1, 2016, the Department of Commerce building, as
Description of respondents: Business
or other for-profit; Farms. Department extended the deadline in
9 The Stanley Works (Langfang) Fastening
Number of respondents: 351. this proceeding by 60 days.3 The revised
Systems Co., Ltd. and Stanley Black & Decker Inc.
Frequency of responses: Reporting: deadline for the final results of this (Stanley).
On occasion; Annually. review is now March 13, 2017.4 10 Tianjin Lianda Group Co., Ltd. (Tianjin
Total burden hours: 616. In accordance with 19 CFR 351.309, Lianda).
11 See e.g., Letter to the Secretary, from CPI,
we invited parties to comment on our
Ruth Brown, regarding ‘‘Case Brief: Seventh Administrative
Preliminary Results. On October 31, Review of the Antidumping Duty Order on Certain
Departmental Information Collection 2016, Certified Products International,5 Steel Nails from the People’s Republic of China,’’
Clearance Officer.
Midwest Air Technologies, Inc.,6 Origin dated October 31, 2016.
[FR Doc. 2017–05421 Filed 3–17–17; 8:45 am] Point Brands,7 Mid Continent Steel & 12 The Stanley Works (Langfang) Fastening
BILLING CODE 3410–05–P Wire, Inc. (Petitioner),8 The Stanley Systems Co., Ltd. and Stanley Black & Decker, Inc.
(collectively, Stanley).
Works (Langfang) Fastening Systems 13 See e.g., Letter to the Secretary, from Petitioner,
Co., Ltd. and Stanley Black & Decker regarding ‘‘Certain Steel Nails from the People’s
DEPARTMENT OF COMMERCE Republic of China: Petitioner’s Rebuttal Brief,’’
1 See Certain Steel Nails From the People’s dated November 9, 2016.
International Trade Administration Republic of China: Preliminary Results of the
14 The Department recently added the
Antidumping Duty Administrative Review and Harmonized Tariff Schedule category 7907.00.6000,
[A–570–909] Preliminary Determination of No Shipments; 2014– ‘‘Other articles of zinc: Other,’’ to the language of
2015, 81 FR 62710 (September 12, 2016) the Order. See Memorandum to Gary Taverman,
Certain Steel Nails From the People’s (Preliminary Results) and accompanying Senior Advisor for Antidumping and
Republic of China: Final Results of Preliminary Decision Memorandum. Countervailing Duty Operations, through James C.
Doyle, Director, Office 9, Antidumping and
Antidumping Duty Administrative 2 See Preliminary Results.
Countervailing Duty Operations, regarding ‘‘Certain
3 See Memorandum to Christian Marsh, Deputy
Review, Final Determination of No Steel Nails from the People’s Republic of China:
Assistant Secretary for Antidumping and
Shipments and Final Partial Countervailing Duty Operations, from Susan
Cobra Anchors Co. Ltd. Final Scope Ruling,’’
Rescission; 2014–2015 (September 19, 2013).
Pulongbarit, Senior International Trade Analyst, 15 For a full description of the scope of the Order,
Antidumping and Countervailing Duty Operations,
AGENCY: Enforcement and Compliance, see Memorandum from Gary Taverman, Associate
sradovich on DSK3GMQ082PROD with NOTICES
‘‘Certain Steel Nails from the People’s Republic of
International Trade Administration, China: Extension of the Deadline for the Final Deputy Assistant Secretary for Antidumping and
Results of the Seventh Antidumping Duty Countervailing Duty Operations, to Ronald
Department of Commerce. Lorentzen, Acting Assistant Secretary for
Administrative Review,’’ dated December 1, 2016.
SUMMARY: The Department of Commerce 4 Id. Enforcement and Compliance, ‘‘Certain Steel Nails
(the Department) published the 5 Certified Products International (CPI)
from the People’s Republic of China: Issues and
Decision Memorandum for the Final Results of the
Preliminary Results of the seventh 6 Midwest Air Technologies, Inc. (MAT).
Seventh Antidumping Duty Administrative
administrative review of the 7 Origin Point Brands (OPB).
Review’’ (March 13, 2017) (‘‘I&D Memo’’) which is
antidumping duty order on certain steel 8 Mid Continent Steel & Wire, Inc. (Petitioner). adopted by this notice.
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![14346 Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices
Assessment Rates Cash Deposit Requirements notification of the return or destruction
Pursuant to section 751(a)(2)(A) of the The following cash deposit of APO materials, or conversion to
Tariff Act of 1930, as amended (the Act), requirements will be effective upon judicial protective order, is hereby
and 19 CFR 351.212(b), the Department publication of the final results of this requested. Failure to comply with the
has determined, and U.S. Customs and administrative review for all shipments regulations and terms of an APO is a
Border Protection (CBP) shall assess, of the subject merchandise entered, or violation which is subject to sanction.
antidumping duties on all appropriate withdrawn from warehouse, for We are issuing and publishing these
entries of subject merchandise in consumption on or after the publication final results of administrative review in
accordance with the final results of this date, as provided for by section accordance with sections 751(a)(1) and
review. The Department intends to issue 751(a)(2)(C) of the Act: (1) For the 777(i) of the Act.
appropriate assessment instructions exporters listed above, the cash deposit Dated: March 13, 2017.
directly to CBP 15 days after publication rate will be the rate established in the Ronald Lorentzen,
of the final results of this administrative final results of review (except, if the rate Acting Assistant Secretary for Enforcement
review. is zero or de minimis, a zero cash and Compliance.
Where the respondent reported deposit rate will be required for that
reliable entered values, we calculated company); (2) for previously Appendix I—Issues and Decision
importer- (or customer-) specific ad investigated or reviewed PRC and non- Memorandum
valorem rates by aggregating the PRC exporters not listed above that have I. Summary
dumping margins calculated for all U.S. separate rates, the cash deposit rate will II. Background
sales to each importer (or customer) and continue to be the exporter-specific rate III. Scope of the Order
dividing this amount by the total published for the most recent period; (3) IV. Discussion of the Issues
entered value of the sales to each for all PRC exporters of subject Comment 1: Differential Pricing
importer (or customer).21 Where the merchandise which have not been Methodology
Comment 2: Calculation of Separate Rate
Department calculated a weighted- found to be entitled to a separate rate,
Margin
average dumping margin by dividing the the cash deposit rate will be the PRC- Comment 3: Clarification of the Scope of
total amount of dumping for reviewed Wide rate of 118.04 percent; and (4) for the Order
sales to that party by the total sales all non-PRC exporters of subject Comment 4: Rescission for Certain
quantity associated with those merchandise which have not received Companies
transactions, the Department will direct their own rate, the cash deposit rate will Comment 5: Tianjin Lianda’s Separate Rate
CBP to assess importer-specific be the rate applicable to the PRC Status
assessment rates based on the resulting exporters that supplied that non-PRC Comment 6: Treatment of Stanley’s Scrap
per-unit rates.22 Where an importer- (or exporter. The deposit requirements, Comment 7: Surrogate Financial Ratio
when imposed, shall remain in effect Calculation
customer-) specific ad valorem or per-
Comment 8: Surrogate Value for Stanley’s
unit rate is greater than de minimis (i.e., until further notice.
Paper Tape
0.50 percent), the Department will Disclosure Comment 9: Surrogate Value for Stanley’s
instruct CBP to collect the appropriate Sealing Tape
duties at the time of liquidation.23 We intend to disclose the calculations Comment 10: Surrogate Value for Stanley’s
Where an importer- (or customer-) performed regarding these final results Plastic Granules
specific ad valorem or per-unit rate is within five days of the date of Comment 11: Surrogate Value for Stanley’s
zero or de minimis, the Department will publication of this notice to parties in Cardboard Corner Board
instruct CBP to liquidate appropriate this proceeding in accordance with 19 Comment 12: Surrogate Value for Stanley’s
entries without regard to antidumping CFR 351.224(b). Insert Paper Board
Comment 13: Surrogate Value for Stanley’s
duties.24 We intend to instruct CBP to Notification to Importers Pallet Board
liquidate entries containing subject This notice also serves as a final V. Conclusion
merchandise exported by the PRC-wide reminder to importers of their [FR Doc. 2017–05429 Filed 3–17–17; 8:45 a.m.]
entity at the PRC-wide rate. responsibility under 19 CFR 351.402(f) BILLING CODE 3510–DS–P
Pursuant to the Department’s
to file a certificate regarding the
assessment practice, for entries that
reimbursement of antidumping duties
were not reported in the U.S. sales
prior to liquidation of the relevant DEPARTMENT OF COMMERCE
databases submitted by companies entries during this POR. Failure to
individually examined during this comply with this requirement could International Trade Administration
review, the Department will instruct result in the Department’s presumption
CBP to liquidate such entries at the [C–570–048]
that reimbursement of antidumping
PRC-wide entity rate. Additionally, if duties occurred and the subsequent
the Department determines that an Certain Carbon and Alloy Steel Cut-to-
assessment of doubled antidumping Length Plate From the People’s
exporter had no shipments of the duties.
subject merchandise, any suspended Republic of China: Countervailing Duty
entries that entered under that Administrative Protective Orders Order
exporter’s case number (i.e., at that This notice also serves as a reminder AGENCY: Enforcement and Compliance,
exporter’s rate) will be liquidated at the to parties subject to administrative International Trade Administration,
PRC-wide entity rate.25 protective order (APO) of their Department of Commerce.
sradovich on DSK3GMQ082PROD with NOTICES
responsibility concerning the return or SUMMARY: Based on affirmative final
21 See 19 CFR 351.212(b)(1). destruction of proprietary information determinations by the Department of
22 Id.
23 Id.
disclosed under APO in accordance Commerce (the Department) and the
24 See
with 19 CFR 351.305(a)(3), which International Trade Commission (ITC),
19 CFR 351.106(c)(2).
25 SeeNon-Market Economy Antidumping
continues to govern business the Department is issuing a
Proceedings: Assessment of Antidumping Duties, 76 proprietary information in this segment countervailing duty order on Certain
FR 65694 (October 24, 2011). of the proceeding. Timely written Carbon and Alloy Steel Cut-to-Length
VerDate Sep<11>2014 18:36 Mar 17, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1](https://thefederalregister.org/doc/82_FR_14396/page/3.svg)
Document Created: 2017-03-18 01:10:51
Document Modified: 2017-03-18 01:10:51
| 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 March 20, 2017. | |
| Contact | Susan Pulongbarit or Omar Qureshi, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202-482-4031 or 202-482- 5307, respectively. | |
| FR Citation | 82 FR 14344 |
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