82 FR 19217 - Certain Steel Nails From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 79 (April 26, 2017)
International Trade Administration
Federal Register Volume 82, Issue 79 (April 26, 2017)
| Page Range | 19217-19219 | |
| FR Document | 2017-08421 |
[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)] [Notices] [Pages 19217-19219] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08421] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-909] Certain Steel Nails From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (the Department) is amending its final results of the administrative review of the antidumping duty order on certain steel nails (nails) from the People's Republic of China (PRC) for the period is August 1, 2014, through July 31, 2015 to correct ministerial errors. The amended final weighted-average dumping margins for the reviewed firms are listed below in the section entitled, ``Amended Final Results.'' DATES: Effective April 26, 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 On March 20, 2017, the Department published the final results of the 2014- [[Page 19218]] 2015 administrative review in the Federal Register.\1\ On March 22, 2017, The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc. (collectively Stanley) filed a timely allegation that the Department made a ministerial error in the Final Results and requested, pursuant to 19 CFR 351.224(f), that the Department correct the ministerial error. We received a timely reply to Stanley's comments from Mid Continent Steel & Wire, Inc. (the petitioner) on March 27, 2017, and a request that the Department correct an additional ministerial error. --------------------------------------------------------------------------- \1\ See 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, 82 FR 14344 (March 20, 2017) (Final Results). --------------------------------------------------------------------------- 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.\2\ The HTSUS subheadings are provided for convenience and customs purposes only. The written description is dispositive.\3\ --------------------------------------------------------------------------- \2\ 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). \3\ A full description of the scope of the order is contained in the memorandum from James C. Doyle, Director, Office V, Enforcement and Compliance, to Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Seventh Administrative Review of Certain Steel Nails from the People's Republic of China: Ministerial Error Memorandum'' (Ministerial Error Memorandum), dated concurrently with this notice and incorporated herein by reference. --------------------------------------------------------------------------- Amended Final Results Section 751(h) of the Tariff Act of 1930, as amended (the Act), defines ``ministerial error'' as including ``errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.'' \4\ After analyzing all parties' comments, we have determined in accordance with section 751(h) of the Act and 19 CFR 351.224(f), that certain ministerial errors were made in the Final Results. For a detailed discussion of these ministerial errors, as well as the Department's analysis of these errors, see Ministerial Error Memorandum. --------------------------------------------------------------------------- \4\ See also 19 CFR 351.224(f). --------------------------------------------------------------------------- In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results of this administrative review of nails from the PRC. The rate for the companies not selected for individual examination is equal to the calculated margin of the sole mandatory respondent, Stanley, whose margin is not zero, de minimis, or based entirely on adverse facts available. The dumping margins for the administrative review are as follows: --------------------------------------------------------------------------- \5\ 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 clarifies that it granted a separate rate to Tianjin Universal Machinery Imp. & Exp. Corporation. ------------------------------------------------------------------------ Weighted- average Exporter margin (percent) ------------------------------------------------------------------------ The Stanley Works (Langfang) Fastening Systems Co., Ltd. 5.78 and Stanley Black & Decker, Inc........................ Dezhou Hualude Hardware Products Co., Ltd............... 5.78 Hebei Cangzhou New Century Foreign Trade Co., Ltd....... 5.78 Mingguang Ruifeng Hardware Products Co., Ltd............ 5.78 Nanjing Caiqing Hardware Co., Ltd....................... 5.78 Qingdao D&L Group Ltd................................... 5.78 SDC International Aust. PTY. Ltd........................ 5.78 Shandong Dinglong Import & Export Co., Ltd.............. 5.78 Shanghai Curvet Hardware Products Co., Ltd.............. 5.78 Shanghai Yueda Nails Industry Co., Ltd.................. 5.78 Shanxi Hairui Trade Co., Ltd............................ 5.78 Shanxi Pioneer Hardware Industrial Co., Ltd............. 5.78 Shanxi Tianli Industries Co., Ltd....................... 5.78 S-Mart (Tianjin) Technology Development Co., Ltd........ 5.78 Suntec Industries Co., Ltd.............................. 5.78 Tianjin Jinchi Metal Products Co., Ltd.................. 5.78 Tianjin Jinghai County Hongli Industry & Business Co., 5.78 Ltd.................................................... Tianjin Universal Machinery Imp. & Exp. Corporation \5\. 5.78 ------------------------------------------------------------------------ Disclosure We intend to disclose the calculations performed for these amended final results of review within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Assessment Rates The Department shall determine and U.S. Customs Border Protection shall assess antidumping duties on all appropriate entries covered by this review pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b). 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).\6\ 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.\7\ 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 [[Page 19219]] instruct CBP to collect the appropriate duties at the time of liquidation.\8\ 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.\9\ We intend to instruct CBP to liquidate entries containing subject merchandise exported by the PRC-wide entity at the PRC-wide rate. --------------------------------------------------------------------------- \6\ See 19 CFR 351.212(b)(1). \7\ Id. \8\ Id. \9\ 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.\10\ --------------------------------------------------------------------------- \10\ 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 retroactively on any entries made on or after March 20, 2017, the date of publication of the Final Results, 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 ``Amended Final Results'' section (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. 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. These amended final results and notice are issued and published in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e). Dated: April 19, 2017. Ronald Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-08421 Filed 4-25-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Notices 19217
proceed according to statutory and submitting factual information in this (also known as free machining steel)
regulatory time limits. investigation. products (i.e., products that contain by
weight one or more of the following
Submission of Factual Information Certification Requirements elements: 0.1 percent of more of lead, 0.05
Factual information is defined in 19 Any party submitting factual percent or more of bismuth, 0.08 percent or
more of sulfur, more than 0.04 percent of
CFR 351.102(b)(21) as: (i) Evidence information in an AD or CVD phosphorous, more than 0.05 percent of
submitted in response to questionnaires; proceeding must certify to the accuracy selenium, or more than 0.01 percent of
(ii) evidence submitted in support of and completeness of that information.31 tellurium). All products meeting the physical
allegations; (iii) publicly available Parties are hereby reminded that revised description of subject merchandise that are
information to value factors under 19 certification requirements are in effect not specifically excluded are included in this
CFR 351.408(c) or to measure the for company/government officials, as scope.
adequacy of remuneration under 19 CFR well as their representatives. The products under investigation are
351.511(a)(2); (iv) evidence placed on Investigations initiated on the basis of currently classifiable under subheadings
the record by the Department; and (v) 7213.91.3011, 7213.91.3015, 7213.91.3020,
petitions filed on or after August 16, 7213.91.3093, 7213.91.4500, 7213.91.6000,
evidence other than factual information 2013, and other segments of any AD or 7213.99.0030, 7227.20.0030, 7227.20.0080,
described in (i)–(iv). 19 CFR 351.301(b) CVD proceedings initiated on or after 7227.90.6010, 7227.90.6020, 7227.90.6030,
requires any party, when submitting August 16, 2013, should use the formats and 7227.90.6035 of the HTSUS. Products
factual information, to specify under for the revised certifications provided at entered under subheadings 7213.99.0090 and
which subsection of 19 CFR the end of the Final Rule.32 The 7227.90.6090 of the HTSUS may also be
351.102(b)(21) the information is being Department intends to reject factual included in this scope if they meet the
submitted and, if the information is submissions if the submitting party does physical description of subject merchandise
submitted to rebut, clarify, or correct above. Although the HTSUS subheadings are
not comply with the applicable revised
factual information already on the provided for convenience and customs
certification requirements. purposes, the written description of the
record, to provide an explanation
Notification to Interested Parties scope of these proceedings is dispositive.
identifying the information already on
the record that the factual information Interested parties must submit [FR Doc. 2017–08212 Filed 4–25–17; 8:45 am]
seeks to rebut, clarify, or correct. Time applications for disclosure under APO BILLING CODE 3510–DS–P
limits for the submission of factual in accordance with 19 CFR 351.305. On
information are addressed in 19 CFR January 22, 2008, the Department
351.301, which provides specific time published Antidumping and DEPARTMENT OF COMMERCE
limits based on the type of factual Countervailing Duty Proceedings:
information being submitted. Parties International Trade Administration
Documents Submission Procedures;
should review the regulations prior to APO Procedures, 73 FR 3634 (January [A–570–909]
submitting factual information in these 22, 2008). Parties wishing to participate
investigations. in this investigation should ensure that Certain Steel Nails From the People’s
they meet the requirements of these Republic of China: Amended Final
Extension of Time Limits Results of Antidumping Duty
procedures (e.g., the filing of letters of
Parties may request an extension of appearance as discussed at 19 CFR Administrative Review; 2014–2015
time limits before the expiration of a 351.103(d)).
time limit established under 19 CFR AGENCY: Enforcement and Compliance,
This notice is issued and published International Trade Administration,
351.301, or as otherwise specified by the pursuant to sections 702 and 777(i) of
Secretary. In general, an extension Commerce.
the Act.
request will be considered untimely if it SUMMARY: The Department of Commerce
Dated: April 17, 2017. (the Department) is amending its final
is filed after the expiration of the time
limit established under 19 CFR 351.301 Ronald K. Lorentzen, results of the administrative review of
expires. For submissions that are due Acting Assistant Secretary for Enforcement the antidumping duty order on certain
from multiple parties simultaneously, and Compliance. steel nails (nails) from the People’s
an extension request will be considered Appendix I Republic of China (PRC) for the period
untimely if it is filed after 10:00 a.m. on is August 1, 2014, through July 31, 2015
Scope of the Investigations to correct ministerial errors. The
the due date. Under certain
circumstances, we may elect to specify The merchandise covered by these amended final weighted-average
investigations are certain hot-rolled products dumping margins for the reviewed firms
a different time limit by which
of carbon steel and alloy steel, in coils, of are listed below in the section entitled,
extension requests will be considered approximately round cross section, less than
untimely for submissions which are due 19.00 mm in actual solid cross-sectional
‘‘Amended Final Results.’’
from multiple parties simultaneously. In diameter. Specifically excluded are steel DATES: Effective April 26, 2017.
such a case, we will inform parties in products possessing the above-noted physical FOR FURTHER INFORMATION CONTACT:
the letter or memorandum setting forth characteristics and meeting the Harmonized Susan Pulongbarit or Omar Qureshi,
the deadline (including a specified time) Tariff Schedule of the United States (HTSUS) AD/CVD Operations, Office V,
by which extension requests must be definitions for (a) stainless steel; (b) tool Enforcement and Compliance,
steel; (c) high-nickel steel; (d) ball bearing
filed to be considered timely. An International Trade Administration,
steel; or (e) concrete reinforcing bars and
extension request must be made in a rods. Also excluded are free cutting steel U.S. Department of Commerce, 1401
separate, stand-alone submission; under Constitution Avenue NW., Washington,
mstockstill on DSK30JT082PROD with NOTICES
limited circumstances we will grant 31 See section 782(b) of the Act. DC 20230; telephone 202–482–4031 or
untimely-filed requests for the extension 32 See Certification of Factual Information to 202–482–5307, respectively.
of time limits. Review Extension of Import Administration During Antidumping and SUPPLEMENTARY INFORMATION:
Time Limits; Final Rule, 78 FR 57790 Countervailing Duty Proceedings, 78 FR 42678 (July
(September 20, 2013), available at 17, 2013) (‘‘Final Rule’’); see also frequently asked Background
questions regarding the Final Rule, available at
http://www.gpo.gov/fdsys/pkg/FR-2013- http://enforcement.trade.gov/tlei/notices/factual_ On March 20, 2017, the Department
09-20/html/2013-22853.htm, prior to info_final_rule_FAQ_07172013.pdf. published the final results of the 2014–
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![Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Notices 19219
instruct CBP to collect the appropriate Notification to Importers merchandise under investigation. Based
duties at the time of liquidation.8 Where This notice also serves as a final on information provided by the
an importer- (or customer-) specific ad reminder to importers of their Committee Overseeing Action for
valorem or per-unit rate is zero or de responsibility under 19 CFR 351.402(f) Lumber International Trade
minimis, the Department will instruct to file a certificate regarding the Investigations (Petitioner), data placed
CBP to liquidate appropriate entries reimbursement of antidumping duties on the record of these investigations by
without regard to antidumping duties.9 prior to liquidation of the relevant the mandatory and voluntary
We intend to instruct CBP to liquidate entries during this POR. Failure to respondents, and data collected by the
entries containing subject merchandise comply with this requirement could Department, the Department
exported by the PRC-wide entity at the result in the Department’s presumption preliminarily determines that critical
PRC-wide rate. that reimbursement of antidumping circumstances exist for imports of
Pursuant to the Department’s duties occurred and the subsequent softwood lumber from certain producers
assessment practice, for entries that assessment of doubled antidumping and exporters from Canada.
were not reported in the U.S. sales duties. DATES: Effective April 26, 2017.
databases submitted by companies FOR FURTHER INFORMATION CONTACT:
Administrative Protective Orders
individually examined during this Stephanie Moore (for CVD) or Thomas
review, the Department will instruct This notice also serves as a reminder Martin (for AD), AD/CVD Operations,
CBP to liquidate such entries at the to parties subject to administrative Enforcement and Compliance,
PRC-wide entity rate. Additionally, if protective order (APO) of their International Trade Administration,
the Department determines that an responsibility concerning the return or U.S. Department of Commerce, 1401
exporter had no shipments of the destruction of proprietary information Constitution Avenue NW., Washington,
subject merchandise, any suspended disclosed under APO in accordance DC 20230; telephone: (202) 482–3692
entries that entered under that with 19 CFR 351.305(a)(3), which and (202) 482–3936, respectively.
exporter’s case number (i.e., at that continues to govern business SUPPLEMENTARY INFORMATION:
exporter’s rate) will be liquidated at the proprietary information in this segment
PRC-wide entity rate.10 of the proceeding. Timely written Background
notification of the return or destruction Section 703(e)(1) of the Tariff Act of
Cash Deposit Requirements of APO materials, or conversion to 1930, as amended (the Act), provides
judicial protective order, is hereby that the Department will preliminarily
The following cash deposit requested. Failure to comply with the
requirements will be effective determine that critical circumstances
regulations and terms of an APO is a exist in CVD investigations if there is a
retroactively on any entries made on or violation which is subject to sanction.
after March 20, 2017, the date of reasonable basis to believe or suspect:
These amended final results and (A) That ‘‘the alleged countervailable
publication of the Final Results, for all notice are issued and published in
shipments of the subject merchandise subsidy’’ is inconsistent with the
accordance with sections 751(h) and Subsidies and Countervailing Measures
entered, or withdrawn from warehouse, 777(i) of the Act and 19 CFR 351.224(e).
for consumption on or after the (SCM) Agreement of the World Trade
publication date, as provided for by Dated: April 19, 2017. Organization; and (B) that there have
section 751(a)(2)(C) of the Act: (1) For Ronald Lorentzen, been massive imports of the subject
the exporters listed above, the cash Acting Assistant Secretary for Enforcement merchandise over a relatively short
deposit rate will be the rate established and Compliance. period. Section 733(e)(1) of the Act
in the ‘‘Amended Final Results’’ section [FR Doc. 2017–08421 Filed 4–25–17; 8:45 am] provides that the Department will
(except, if the rate is zero or de minimis, BILLING CODE 3510–DS–P
preliminarily determine that critical
a zero cash deposit rate will be required circumstances exist in AD investigations
for that company); (2) for previously if there is a reasonable basis to believe
investigated or reviewed PRC and non- DEPARTMENT OF COMMERCE or suspect: (A)(i) That there is a history
PRC exporters not listed above that have of dumping and material injury by
separate rates, the cash deposit rate will International Trade Administration reason of dumped imports in the United
continue to be the exporter-specific rate [A–122–857, C–122–858]
States or elsewhere of the subject
published for the most recent period. (3) merchandise, or (ii) that the person by
for all PRC exporters of subject Antidumping and Countervailing Duty whom, or for whose account, the
merchandise which have not been Investigations of Certain Softwood merchandise was imported knew or
found to be entitled to a separate rate, Lumber Products From Canada: should have known that the exporter
the cash deposit rate will be the PRC- Preliminary Determinations of Critical was selling the subject merchandise at
Wide rate of 118.04 percent; and (4) for Circumstances less than its fair value and that there
all non-PRC exporters of subject was likely to be material injury by
AGENCY: Enforcement and Compliance, reason of such sales; and (B) that there
merchandise which have not received International Trade Administration,
their own rate, the cash deposit rate will have been massive imports of the
Department of Commerce. subject merchandise over a relatively
be the rate applicable to the PRC
SUMMARY: On November 25, 2016, the short period.
exporters that supplied that non-PRC
Department of Commerce (the Section 351.206 of the Department’s
exporter. The deposit requirements,
Department) received antidumping duty regulations provides that, in general,
mstockstill on DSK30JT082PROD with NOTICES
when imposed, shall remain in effect
(AD) and countervailing duty (CVD) imports must increase by at least 15
until further notice.
petitions concerning imports of certain percent during the ‘‘relatively short
8 Id.
softwood lumber products (softwood period’’ to be considered ‘‘massive,’’ 1
9 See
lumber) from Canada. In the petitions, and defines a ‘‘relatively short period’’
19 CFR 351.106(c)(2).
10 SeeNon-Market Economy Antidumping
the Department received timely as normally being the period beginning
Proceedings: Assessment of Antidumping Duties, 76 allegations that critical circumstances
FR 65694 (October 24, 2011). exist with respect to imports of the 1 See 19 CFR 351.206(h).
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Document Created: 2017-04-26 03:15:36
Document Modified: 2017-04-26 03:15:36
| 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 April 26, 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 19217 |
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