82 FR 24941 - Certain Steel Nails From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 103 (May 31, 2017)
International Trade Administration
Federal Register Volume 82, Issue 103 (May 31, 2017)
| Page Range | 24941-24943 | |
| FR Document | 2017-11203 |
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)] [Notices] [Pages 24941-24943] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11203] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-520-804] Certain Steel Nails From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain steel nails (nails) from the United Arab Emirates (UAE). The period of review (POR) is May 1, 2015, through April 30, 2016. We preliminarily determine that the only exporter of subject [[Page 24942]] merchandise, Overseas Distribution Services Inc. (ODS), sold subject merchandise at less than normal value (NV) in the United States and that Oman Fasteners LLC (Oman Fasteners) and Overseas International Steel Industry LLC (OISI) had no shipments during the POR. DATES: Effective May 31, 2017. FOR FURTHER INFORMATION CONTACT: Annathea Cook or Susan Pulongbarit, 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) 482-0250, and (202) 482-4031, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the Order \1\ is nails from the UAE. The products are currently classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7317.00.55, 7317.00.65, and 7317.00.75. While the HTSUS subheadings are provided for convenience and customs purposes, the written product description remains dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.\2\ --------------------------------------------------------------------------- \1\ See Certain Steel Nails from the United Arab Emirates: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 77 FR 27421 (May 10, 2012) (Order). \2\ See Memorandum from Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2015-2016: Certain Steel Nails from the United Arab Emirates'' dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Preliminary Determination of No Shipments Based on our analysis of U.S. Customs and Border Protection (CBP) information, and information provided by Oman Fasteners and OISI, we preliminarily determine that these companies had no shipments of the subject merchandise, and, therefore, no reviewable transactions, during the POR. For a full discussion of this determination, see the Preliminary Decision Memorandum.\3\ --------------------------------------------------------------------------- \3\ Id. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum.\4\ The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and it 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 is available at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \4\ Id. --------------------------------------------------------------------------- Adverse Facts Available Because mandatory respondent ODS has withheld requested information, failed to provide such information in the manner and form required, impeded this review, and reported information that could not be verified, thus failing to cooperate by not acting to the best of its ability to comply with a request for information by the Department, we preliminarily determine to apply adverse facts available (AFA) to this respondent, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. For further discussion, see the Preliminary Decision Memorandum. Preliminary Results of Review We preliminary determine that, for the period of May 1, 2015, through April 30, 2016 the following weighted-average dumping margin exists: ------------------------------------------------------------------------ Weighted- average Producer/exporter margin (percent) ------------------------------------------------------------------------ Overseas Distribution Services Inc........................... 184.41 ------------------------------------------------------------------------ Disclosure and Public Comment Interested parties may submit case briefs not later than 20 days after the date of publication of this notice.\5\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\6\ Parties who submit case briefs or rebuttal briefs in this proceeding 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.\7\ --------------------------------------------------------------------------- \5\ See 19 CFR 351.309(c)(1)(ii). \6\ See 19 CFR 351.309(d). \7\ See 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5 p.m. Eastern Time within 20 days after the date of publication of this notice.\8\ Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. --------------------------------------------------------------------------- \8\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless extended, pursuant to section 751(a)(3)(A) of the Act, unless otherwise extended. All documents must be filed electronically using ACCESS. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Standard Time. Assessment Rates Upon issuance of the final results, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. If ODS's weighted-average dumping margin is not zero or de minimis (i.e., less than 0.5 percent), we will calculate an importer-specific ad valorem antidumping duty assessment rate based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is not zero or de minimis. If ODS's weighted- average dumping margin is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review and [[Page 24943]] for future deposits of estimated duties, where applicable. We intend to issue instructions to CBP 15 days after the publication date of the final results of this review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of nails from the UAE entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rates for ODS will be the rates established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company- specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 4.30 percent, the all-others rate established in the Order.\9\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \9\ See Order. --------------------------------------------------------------------------- Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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 Secretary's presumption that reimbursement of antidumping duties occurred and increase the subsequent assessment of the antidumping duties by the amount of the antidumping duties reimburses. The preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: May 16, 2017. Ronald K. Lorentzen, Acting 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 Determination of No Shipments V. Use of Facts Available and Adverse Inferences VI. Conclusion [FR Doc. 2017-11203 Filed 5-30-17; 8:45 am] BILLING CODE 3510-DS-P
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CONTACT. All reasonable forward the public presentation of 1.06 percent.2 However, the February
accommodation requests are managed materials prior to the meeting to Ms. 9, 2016, initiation of this review
on a case by case basis. Springer via email. included Nanjing Minglin and,
Dated: May 16, 2017. The Assistant Secretary for therefore, we should have assigned a
Robert M. Harper,
Administration, with the concurrence of review-specific average rate of 1.06
the delegate of the General Counsel, percent to Nanjing Minglin for the final
Acting Associate Deputy Chief, Nation Forest
System.
formally determined on February 15, results.3
2017, pursuant to Section 10(d) of the In addition, we note that we
[FR Doc. 2017–11154 Filed 5–30–17; 8:45 am]
Federal Advisory Committee Act, as inadvertently included Jiangsu Keri
BILLING CODE 3411–15–P
amended (5 U.S.C. app. 2 § 10(d)), that Wood Co., Ltd. (Jiangsu Keri) in the list
the portion of the meeting dealing with of non-selected companies assigned a
pre-decisional changes to the Commerce review-specific average rate.4 However,
DEPARTMENT OF COMMERCE Control List and the U.S. export control we should have excluded Jiangsu Keri
policies shall be exempt from the from the list of non-selected companies
Bureau of Industry and Security
provisions relating to public meetings because Jiangsu Keri withdrew its
Regulations and Procedures Technical found in 5 U.S.C. app. 2 § § 10(a)(1) and request for a review and the Department
Advisory Committee; Notice of 10(a)(3). The remaining portions of the rescinded its review of Jiangsu Keri in
Partially Closed Meeting meeting will be open to the public. the Preliminary Results.5 Accordingly,
For more information, call Yvette we now correct the Final Results of this
The Regulations and Procedures Springer at (202) 482–2813. administrative review by assigning the
Technical Advisory Committee (RPTAC) review-specific average rate to Nanjing
will meet June 13, 2017, 9:00 a.m., Yvette Springer,
Minglin and removing Jiangsu Keri from
Room 3884, in the Herbert C. Hoover Committee Liaison Officer. the list of non-selected respondents.
Building, 14th Street between [FR Doc. 2017–11175 Filed 5–30–17; 8:45 am] This correction to the Final Results is
Constitution and Pennsylvania Avenues BILLING CODE 3510–JT––P issued and published in accordance
NW., Washington, DC The Committee with sections 751(a)(1) and 777(i)(1) of
advises the Office of the Assistant the Tariff Act of 1930, as amended.
Secretary for Export Administration on DEPARTMENT OF COMMERCE
Dated: May 24, 2017.
implementation of the Export Gary Taverman,
International Trade Administration
Administration Regulations (EAR) and
Deputy Assistant Secretary for Antidumping
provides for continuing review to [C–570–971] and Countervailing Duty Operations.
update the EAR as needed.
[FR Doc. 2017–11202 Filed 5–30–17; 8:45 am]
Agenda: Multilayered Wood Flooring From the BILLING CODE 3510–DS–P
People’s Republic of China: Notice of
Public Session Correction to the Final Results of
1. Opening remarks by the Chairman. Countervailing Duty Administrative DEPARTMENT OF COMMERCE
2. Opening remarks by the Bureau of Review; 2014
Industry and Security. International Trade Administration
AGENCY: Enforcement and Compliance,
3. Presentation of papers or comments International Trade Administration, [A–520–804]
by the Public. Department of Commerce.
4. Export Enforcement update. Certain Steel Nails From the United
FOR FURTHER INFORMATION CONTACT:
5. Regulations update. Arab Emirates: Preliminary Results of
6. Working group reports. Dennis McClure, Enforcement and
Antidumping Duty Administrative
7. Automated Export System update. Compliance, International Trade
Review; 2015–2016
Administration, U.S. Department of
Closed Session Commerce, 14th Street and Constitution AGENCY: Enforcement and Compliance,
8. Discussion of matters determined to Avenue NW., Washington, DC 20230; International Trade Administration,
be exempt from the provisions relating telephone: (202) 482–5973. Commerce.
to public meetings found in 5 U.S.C. SUPPLEMENTARY INFORMATION: On May SUMMARY: The Department of Commerce
app. 2 §§ 10(a)(1) and 10(a)(3). 15, 2017, the Department of Commerce (the Department) is conducting an
The open session will be accessible (the Department) published in the administrative review of the
via teleconference to 25 participants on Federal Register the final results of the antidumping duty order on certain steel
a first come, first serve basis. To join the 2014 countervailing duty administrative nails (nails) from the United Arab
conference, submit inquiries to Ms. review of multilayered wood flooring Emirates (UAE). The period of review
Yvette Springer at from the People’s Republic of China.1 In (POR) is May 1, 2015, through April 30,
Yvette.Springer@bis.doc.gov no later the Final Results, the Department 2016. We preliminarily determine that
than June 6, 2017. inadvertently excluded Nanjing Minglin the only exporter of subject
A limited number of seats will be Wooden Industry Co., Ltd. (Nanjing
available for the public session. Minglin) from the list of companies not 2 Id. at 22312–22313.
Reservations are not accepted. To the selected for individual examination 3 See Initiation of Antidumping and
(non-selected companies) which were Countervailing Duty Administrative Reviews, 81 FR
extent that time permits, members of the
nlaroche on DSK30NT082PROD with NOTICES
6832 (February 9, 2016).
public may present oral statements to assigned a review-specific average rate 4 See Final Results at 22312.
the Committee. The public may submit 5 See Multilayered Wood Flooring from the
written statements at any time before or 1 See Multilayered Wood Flooring from the People’s Republic of China: Preliminary Results of
after the meeting. However, to facilitate People’s Republic of China: Final Results and Countervailing Duty Administrative Review,
Partial Rescission of Countervailing Duty Rescission of Review, in Part, and Intent to Rescind
the distribution of public presentation Administrative Review; 2014, 82 FR 22311 (May 15, the Review in Part; 2014, 82 FR 2319, 2320 (January
materials to the Committee members, 2017) (Final Results), and accompanying Issues and 9, 2017) (Preliminary Results), and accompanying
the Committee suggests that presenters Decision Memorandum. Issues and Decision Memorandum.
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![Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices 24943
for future deposits of estimated duties, IV. Preliminary Determination of No that are produced and exported by The
where applicable. Shipments CS Wind Group.3
We intend to issue instructions to V. Use of Facts Available and Adverse
CBP 15 days after the publication date Inferences Amendment to the Initiation
of the final results of this review. VI. Conclusion On April 10, 2017, the Department
[FR Doc. 2017–11203 Filed 5–30–17; 8:45 am] published a notice of initiation of an
Cash Deposit Requirements BILLING CODE 3510–DS–P administrative review of the
The following deposit requirements antidumping duty order on wind towers
will be effective upon publication of the from Vietnam for the period February 1,
notice of final results of administrative DEPARTMENT OF COMMERCE 2016, through January 31, 2017.4 In the
review for all shipments of nails from Initiation Notice, the Department
the UAE entered, or withdrawn from International Trade Administration inadvertently initiated an administrative
warehouse, for consumption on or after review on all entries of merchandise
the date of publication as provided by [A–552–814] exported by CS Wind Group. Because
section 751(a)(2) of the Act: (1) The cash wind towers that are produced and
deposit rates for ODS will be the rates Utility Scale Wind Towers From the exported by CS Wind Group were
established in the final results of this Socialist Republic of Vietnam: Notice excluded from the antidumping duty
administrative review; (2) for of Amended Initiation of Antidumping order on wind towers from Vietnam
merchandise exported by manufacturers Duty Administrative Review; 2016– effective March 26, 2017, the
or exporters not covered in this review 2017 Department should only have initiated
but covered in a prior segment of the the administrative review on wind
proceeding, the cash deposit rate will AGENCY: Enforcement and Compliance,
towers produced in Vietnam with
continue to be the company-specific rate International Trade Administration,
respect to the CS Wind Group where CS
published for the most recent period; (3) Commerce.
Wind Group was (1) the producer but
if the exporter is not a firm covered in DATES: Effective May 31, 2017. not the exporter, or (2) the exporter but
this review, a prior review, or the not the producer. To correct this error
FOR FURTHER INFORMATION CONTACT:
original investigation but the in the Initiation Notice, the Department
manufacturer is, the cash deposit rate Trisha Tran, AD/CVD Operations, Office
is now issuing this notice of amended
will be the rate established for the most IV, Enforcement and Compliance,
initiation of the 2016–2017 antidumping
recent period for the manufacturer of International Trade Administration,
duty administrative review of wind
the merchandise; (4) the cash deposit U.S. Department of Commerce, 1401
towers from Vietnam with respect to the
rate for all other manufacturers or Constitution Avenue NW., Washington,
CS Wind Group. The Department is
exporters will continue to be 4.30 DC 20230; telephone: (202) 482–4852.
initiating an administrative review only
percent, the all-others rate established SUPPLEMENTARY INFORMATION: on entries where CS Wind Group was
in the Order.9 These cash deposit (1) the producer but not the exporter, or
Background
requirements, when imposed, shall (2) the exporter but not the producer of
remain in effect until further notice. In the amended final determination subject merchandise. The initiation with
Notification to Importers and antidumping duty order of this respect to Vina Halla Heavy Industries
underlying investigation, the Ltd. and UBI Tower Sole Member
This notice serves as a preliminary Department of Commerce (the Company Ltd., remains unchanged.
reminder to importers of their Department) determined that CS Wind
responsibility under 19 CFR Vietnam Co., Ltd., and CS Wind Deadline for Withdrawal of Request for
351.402(f)(2) to file a certificate Corporation are a single entity: The CS Administrative Review
regarding the reimbursement of Wind Group.1 On March 16, 2017, the Pursuant to 19 CFR 351.213(d)(1), a
antidumping duties prior to liquidation United States Court of International party that has requested a review may
of the relevant entries during this POR. Trade (CIT) issued its final judgment, withdraw that request within 90 days of
Failure to comply with this requirement sustaining the Department’s final results the date of publication of the notice of
could result in the Secretary’s of redetermination concerning the less- initiation of the requested review. The
presumption that reimbursement of than-fair value investigation of utility Initiation Notice was published on April
antidumping duties occurred and scale wind towers (wind towers) from 10, 2017. Accordingly, the current
increase the subsequent assessment of the Socialist Republic of Vietnam deadline for withdrawal of request for
the antidumping duties by the amount (Vietnam).2 On March 29, 2017, this administrative review is July 10,
of the antidumping duties reimburses. pursuant to that Court decision, 2017.5
The preliminary results of review are effective March 26, 2017, the
issued and published in accordance Department excluded from the 3 See Utility Scale Wind Towers from the Socialist
with sections 751(a)(1) and 777(i) of the antidumping duty order wind towers Republic of Vietnam: Notice of Court Decision Not
Act. in Harmony with the Final Determination of Less
Than Fair Value Investigation and Notice of
Dated: May 16, 2017. 1 See Utility Scale Wind Towers from the Socialist Amended Final Determination of Investigation, 82
Ronald K. Lorentzen, Republic of Vietnam: Final Determination of Sales FR 15493 (March 29, 2017).
at Less Than Fair Value, 77 FR 75984 (December 4 See Initiation of Antidumping and
Acting Assistant Secretary for Enforcement 26, 2012), as amended by Utility Scale Wind Towers Countervailing Duty Administrative Reviews, 82 FR
and Compliance. from the Socialist Republic of Vietnam: Amended 17188 (April 10, 2017) (Initiation Notice).
nlaroche on DSK30NT082PROD with NOTICES
Final Determination of Sales at Less Than Fair 5 90 days after the publication of the Initiation
Appendix—List of Topics Discussed in Value and Antidumping Duty Order, 78 FR 11150, Notice would place the deadline on a Sunday, July
the Preliminary Decision Memorandum 11152 (February 15, 2013) (Wind Towers Amended 9, 2017. The Department’s practice dictates that
Final Determination)(where the Department stated, where a deadline falls on a weekend or federal
I. Summary
‘‘The CS Wind Group consists of CS Wind Vietnam holiday, the appropriate deadline is the next
II. Background Co., Ltd. and CS Wind Corporation.’’). business day. See Notice of Clarification:
III. Scope of the Order 2 See CS Wind Vietnam Co., Ltd., and CS Wind Application of ‘‘Next Business Day’’ Rule for
Corporation v. United States, Slip Op. 17–26 (CIT Administrative Determination Deadlines Pursuant
9 See Order. 2017). Continued
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Document Created: 2017-05-31 05:59:42
Document Modified: 2017-05-31 05:59:42
| 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 May 31, 2017. | |
| Contact | Annathea Cook or Susan Pulongbarit, 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) 482-0250, and (202) 482-4031, respectively. | |
| FR Citation | 82 FR 24941 |
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