82_FR_26157 82 FR 26050 - Certain Steel Nails From the Socialist Republic of Vietnam: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2014-2016

82 FR 26050 - Certain Steel Nails From the Socialist Republic of Vietnam: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2014-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 107 (June 6, 2017)

Page Range26050-26052
FR Document2017-11668

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain steel nails from the Socialist Republic of Vietnam (Vietnam). The period of review (POR) is December 29, 2014, through June 30, 2016. The Department preliminarily determines that Truong Vinh Ltd. (Truong Vinh), Rich State, Inc. (Rich State), and Dicha Sombrilla Co., Ltd. (Dicha Sombrilla) did not demonstrate their eligibility for a separate rate and are, therefore, part of the Vietnam-wide entity. Further, because Mid Continent Steel & Wire, Inc. (the petitioner) withdrew its request for review of eight companies, we are rescinding the administrative review with regard to them. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 82 Issue 107 (Tuesday, June 6, 2017)
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26050-26052]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11668]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-818]


Certain Steel Nails From the Socialist Republic of Vietnam: 
Preliminary Results and Partial Rescission of the Antidumping Duty 
Administrative Review; 2014-2016

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 from the Socialist Republic of Vietnam (Vietnam). The period of 
review (POR) is December 29, 2014, through June 30, 2016. The 
Department preliminarily determines that Truong Vinh Ltd. (Truong 
Vinh), Rich State, Inc. (Rich State), and Dicha Sombrilla Co., Ltd. 
(Dicha Sombrilla) did not demonstrate their eligibility for a separate 
rate and are, therefore, part of the Vietnam-wide entity. Further, 
because Mid Continent Steel & Wire, Inc. (the petitioner) withdrew its 
request for review of eight companies, we are rescinding the 
administrative review with regard to them. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective June 6, 2017.

FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich or Mark Flessner, 
AD/CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-1979 or (202) 482-6312, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 13, 2015, the Department published in the Federal Register 
the antidumping duty order on certain steel nails from Vietnam.\1\ On 
July 5, 2016, the Department published in the Federal Register an 
opportunity to request administrative review of the Order.\2\ The 
Department received requests for a review of 11 companies.\3\ On 
September 12, 2016, the Department published in the Federal Register a 
notice of initiation of this review, covering the above-referenced 
companies.\4\ On September 28, 2016, the Department placed entry data 
from U.S. Customs and Border Protection (CBP) on the record of this 
review.\5\ On October 18, 2016, the Department issued its antidumping 
duty questionnaires to Truong Vinh and Rich State. On November 8, 2016, 
both companies, in a joint submission, stated that neither intended to 
respond to the Department's questionnaires.\6\
---------------------------------------------------------------------------

    \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) 
(the Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 81 FR 43584 (July 5, 2016).
    \3\ See Letter from Amifast Corporation, ``Amifast Corporation; 
Request for Administrative Review; Case No. A-522-818; Antidumping 
Duty Order on Steel Nails from the Socialist Republic of Vietnam,'' 
dated August 1, 2016. See also Letter from Petitioner, ``Certain 
Steel Nails from the Socialist Republic of Vietnam: Request for 
Administrative Reviews,'' dated August 1, 2016. See also Letter from 
Olympic Manufacturing Group, ``Request for Administrative Review and 
Request to Defer Administrative Review of the Antidumping Duty Order 
on Steel Nails from the Socialist Republic of Vietnam (A-552-818) 
(POR: December 29, 2014--June 30, 2016),'' dated August 1, 2016. See 
also Letter from Truong Vinh, ``Request for Administrative Review 
and Request to Defer Administrative Review of the Antidumping Duty 
Order on Steel Nails from the Socialist Republic of Vietnam (A-552-
818) (POR: December 29, 2014--June 30, 2016),'' dated August 1, 
2016.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 62720 (September 12 2016) (Initiation 
Notice).
    \5\ See Memorandum, ``Certain Steel Nails from Vietnam: U.S. 
Customs and Border Protection Information for 12/29/14-6/30/2016 
Review Period,'' dated September 28, 2016.
    \6\ See Letter from Truong Vinh and Rich State, ``Truong Vinh 
Ltd. and Rich State Inc., Questionnaire Response, First Annual 
Administrative Review of the Antidumping Duty Order on Steel Nails 
from the Socialist Republic of Vietnam, (A-552-818),'' dated 
November 8, 2016. Therein, Truong Vinh and Rich State indicated that 
they believe that their zinc anchors would be found outside of the 
scope of the Order based on an ongoing scope proceeding. As such, 
Truong Vinh and Rich State stated that they would not respond to the 
Department's October 18, 2016, request for information, and that 
this letter constituted their full response to sections A, C, and D 
of the Department's questionnaire. Neither company submitted a 
separate rate application.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is certain steel nails having 
a nominal shaft length not exceeding 12 inches. Certain steel nails 
subject to this order are currently classified under HTSUS 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. Certain steel nails 
subject to this order also may be classified under HTSUS subheadings 
7907.00.60.00,

[[Page 26051]]

8206.00.00.00 or other HTSUS subheadings. While the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the scope of this order is dispositive. A full 
description of the scope of the order is contained in the Preliminary 
Decision Memorandum.\7\ 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 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 on the 
internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review, 2014-2016: 
Certain Steel Nails from the Socialist Republic of Vietnam,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Partial Rescission of Administrative Review

    On October 5, 2016, the petitioner withdrew its request for review 
with respect to the following eight companies: Astrotech Steels Private 
Limited; Blue Moon Logistics Private Ltd.; Bollore Logistics Vietnam 
Co. Ltd.; Dahnay Logistics Private Ltd; FGS Logistics Co. Ltd.; Honour 
Lane Shipping Ltd; SDV Vietnam Co. Ltd.; and United Nail Products Co. 
Ltd.\8\ No other parties requested review of these eight companies. In 
response to the petitioner's timely filed withdrawal request, we are 
rescinding this administrative review, pursuant to 19 CFR 
351.213(d)(1),\9\ with respect to the above-named companies.
---------------------------------------------------------------------------

    \8\ See Petitioner's Review Request Withdrawal Letter.
    \9\ See the Preliminary Decision Memorandum, at the section 
entitled, ``Partial Rescission of Administrative Review.''
---------------------------------------------------------------------------

Vietnam-Wide Entity

    The Vietnam-wide entity will not be under review unless a party 
specifically requests, or the Department self-initiates, a review of 
the entity.\10\ Because no party requested a review of the Vietnam-wide 
entity in this review, nor did the Department self-initiate a review of 
the Vietnam-wide entity, the entity is not under review and the 
entity's rate (i.e., 323.99 percent) is not subject to change. In this 
administrative review, a review was requested for Truong Vinh, Rich 
State, and Dicha Sombrilla, but none of these companies filed a 
separate rate application, separate rate certification, or no-shipment 
letter. Accordingly, the Department considers Truong Vinh, Rich State, 
and Dicha Sombrilla to be part of the Vietnam-wide entity.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309(c)(1)(ii).
---------------------------------------------------------------------------

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 the 
Preliminary Decision Memorandum.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period December 29, 
2014, through January 30, 2016:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                         Company                              dumping
                                                              margins
                                                             (percent)
------------------------------------------------------------------------
Dicha Sombrilla Co., Ltd................................          323.99
Rich State, Inc.........................................          323.99
Truong Vinh Ltd.........................................          323.99
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, the Department discloses to interested parties the 
calculations performed for the preliminary results within five days of 
the publication of this notice in accordance with 19 CFR 351.224(b). 
However, because the Department preliminarily applied the Vietnam-
entity margin to the mandatory respondents in this administrative 
review, there are no calculations to disclose. Interested parties may 
submit case briefs not later than 30 days after the date of publication 
of this notice in the Federal Register.\11\ 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.\12\ 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.\13\ Case and rebuttal 
briefs should be filed using ACCESS.\14\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ See 19 CFR 351.309(d)(1).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance within 30 days of the date of publication of this 
notice.\15\ Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues parties intend to discuss. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs. If 
a request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230, at a date and time to be determined.\16\ 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(c)
    \16\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Unless extended, the Department intends to issue the final results 
of this administrative review, which will include the results of our 
analysis of all issues raised in the case briefs, within 120 days of 
publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\17\ The 
Department intends to issue assessment instructions to CBP 15 days 
after the publication date of the final results of this review. We will 
instruct CBP to assess duties at the ad valorem margin rates published 
above. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any assessment rate 
calculated in the final results of this review is above de minimis. The 
final results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable. The Department will assess duties only on entries of 
subject merchandise (i.e., Vietnam-origin steel nails).
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from Vietnam entered, or withdrawn 
from warehouse,

[[Page 26052]]

for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For Truong Vinh, Rich State, and 
Dicha Sombrilla, the cash deposit rate will be that established in the 
final results of this review (except, if the rate is zero or de 
minimis, then zero cash deposit will be required); (2) for previously 
investigated or reviewed Vietnam exporters not listed above that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
rate published for the most recently completed period; (3) for all 
Vietnam exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the NME-wide 
rate of 323.99 percent; and (4) for all non-Vietnam exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the Vietnam exporter that 
supplied that non-Vietnam exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also 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 review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: May 24, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Administrative Review
5. Discussion of the Methodology
6. Vietnam-Wide Entity
7. Recommendation

[FR Doc. 2017-11668 Filed 6-5-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  26050                           Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices

                                                  assess antidumping duties on all                        DEPARTMENT OF COMMERCE                                 On September 12, 2016, the Department
                                                  appropriate entries. Antidumping duties                                                                        published in the Federal Register a
                                                  shall be assessed at rates equal to the                 International Trade Administration                     notice of initiation of this review,
                                                  cash deposit of estimated antidumping                   [A–552–818]                                            covering the above-referenced
                                                  duties required at the time of entry, or                                                                       companies.4 On September 28, 2016, the
                                                  withdrawal from warehouse, for                          Certain Steel Nails From the Socialist                 Department placed entry data from U.S.
                                                  consumption, in accordance with 19                      Republic of Vietnam: Preliminary                       Customs and Border Protection (CBP) on
                                                  CFR 351.212(c)(1)(i). The Department                    Results and Partial Rescission of the                  the record of this review.5 On October
                                                  intends to issue appropriate assessment                 Antidumping Duty Administrative                        18, 2016, the Department issued its
                                                                                                          Review; 2014–2016                                      antidumping duty questionnaires to
                                                  instructions directly to CBP 15 days
                                                                                                                                                                 Truong Vinh and Rich State. On
                                                  after the date of publication of this                   AGENCY:   Enforcement and Compliance,                  November 8, 2016, both companies, in
                                                  notice in the Federal Register.                         International Trade Administration,                    a joint submission, stated that neither
                                                  Notification to Importers                               Commerce.                                              intended to respond to the Department’s
                                                                                                          SUMMARY: The Department of Commerce                    questionnaires.6
                                                     This notice serves as the only                       (the Department) is conducting an
                                                  reminder to importers whose entries                                                                            Scope of the Order
                                                                                                          administrative review of the
                                                  will be liquidated as a result of this                  antidumping duty order on certain steel                  The merchandise covered by this
                                                  rescission notice, of their responsibility              nails from the Socialist Republic of                   order is certain steel nails having a
                                                  under 19 CFR 351.402(f)(2) to file a                    Vietnam (Vietnam). The period of                       nominal shaft length not exceeding 12
                                                  certificate regarding the reimbursement                 review (POR) is December 29, 2014,                     inches. Certain steel nails subject to this
                                                  of antidumping duties and/or                            through June 30, 2016. The Department                  order are currently classified under
                                                  countervailing duties prior to                          preliminarily determines that Truong                   HTSUS subheadings 7317.00.55.02,
                                                                                                          Vinh Ltd. (Truong Vinh), Rich State,                   7317.00.55.03, 7317.00.55.05,
                                                  liquidation of the relevant entries
                                                                                                          Inc. (Rich State), and Dicha Sombrilla                 7317.00.55.07, 7317.00.55.08,
                                                  during this review period. Failure to
                                                                                                          Co., Ltd. (Dicha Sombrilla) did not                    7317.00.55.11, 7317.00.55.18,
                                                  comply with this requirement may                                                                               7317.00.55.19, 7317.00.55.20,
                                                  result in the presumption that                          demonstrate their eligibility for a
                                                                                                          separate rate and are, therefore, part of              7317.00.55.30, 7317.00.55.40,
                                                  reimbursement of antidumping duties                                                                            7317.00.55.50, 7317.00.55.60,
                                                                                                          the Vietnam-wide entity. Further,
                                                  and/or countervailing duties occurred                                                                          7317.00.55.70, 7317.00.55.80,
                                                                                                          because Mid Continent Steel & Wire,
                                                  and the subsequent assessment of                                                                               7317.00.55.90, 7317.00.65.30,
                                                                                                          Inc. (the petitioner) withdrew its request
                                                  double antidumping duties.                                                                                     7317.00.65.60 and 7317.00.75.00.
                                                                                                          for review of eight companies, we are
                                                  Notification Regarding Administrative                   rescinding the administrative review                   Certain steel nails subject to this order
                                                                                                          with regard to them. Interested parties                also may be classified under HTSUS
                                                  Protective Order
                                                                                                          are invited to comment on these                        subheadings 7907.00.60.00,
                                                    This notice serves as the only                        preliminary results.
                                                  reminder to parties subject to                                                                                 Case No. A–522–818; Antidumping Duty Order on
                                                                                                          DATES: Effective June 6, 2017.                         Steel Nails from the Socialist Republic of Vietnam,’’
                                                  administrative protective order (APO) of                FOR FURTHER INFORMATION CONTACT:                       dated August 1, 2016. See also Letter from
                                                  their responsibility concerning the                     Chelsey Simonovich or Mark Flessner,                   Petitioner, ‘‘Certain Steel Nails from the Socialist
                                                  disposition of proprietary information                                                                         Republic of Vietnam: Request for Administrative
                                                                                                          AD/CVD Operations, Office VI,                          Reviews,’’ dated August 1, 2016. See also Letter
                                                  disclosed under APO in accordance                       Enforcement and Compliance,                            from Olympic Manufacturing Group, ‘‘Request for
                                                  with 19 CFR 351.305(a)(3). Timely                       International Trade Administration,                    Administrative Review and Request to Defer
                                                  written notification of return/                                                                                Administrative Review of the Antidumping Duty
                                                                                                          Department of Commerce, 1401                           Order on Steel Nails from the Socialist Republic of
                                                  destruction of APO materials or                         Constitution Avenue NW., Washington,                   Vietnam (A–552–818) (POR: December 29, 2014—
                                                  conversion to judicial protective order is              DC 20230; telephone: (202) 482–1979 or                 June 30, 2016),’’ dated August 1, 2016. See also
                                                  hereby requested. Failure to comply                     (202) 482–6312, respectively.                          Letter from Truong Vinh, ‘‘Request for
                                                                                                                                                                 Administrative Review and Request to Defer
                                                  with the regulations and the terms of an                SUPPLEMENTARY INFORMATION:                             Administrative Review of the Antidumping Duty
                                                  APO is a sanctionable violation.                                                                               Order on Steel Nails from the Socialist Republic of
                                                                                                          Background                                             Vietnam (A–552–818) (POR: December 29, 2014—
                                                    This notice is published in                                                                                  June 30, 2016),’’ dated August 1, 2016.
                                                  accordance with section 751 of the Act                    On July 13, 2015, the Department                        4 See Initiation of Antidumping and
                                                                                                          published in the Federal Register the                  Countervailing Duty Administrative Reviews, 81 FR
                                                  and 19 CFR 351.213(d)(4).
                                                                                                          antidumping duty order on certain steel                62720 (September 12 2016) (Initiation Notice).
                                                    Dated: May 31, 2017.                                  nails from Vietnam.1 On July 5, 2016,                     5 See Memorandum, ‘‘Certain Steel Nails from

                                                  Gary Taverman,                                          the Department published in the                        Vietnam: U.S. Customs and Border Protection
                                                                                                                                                                 Information for 12/29/14–6/30/2016 Review
                                                  Deputy Assistant Secretary for Antidumping              Federal Register an opportunity to                     Period,’’ dated September 28, 2016.
                                                  and Countervailing Duty Operations.                     request administrative review of the                      6 See Letter from Truong Vinh and Rich State,

                                                  [FR Doc. 2017–11671 Filed 6–5–17; 8:45 am]              Order.2 The Department received                        ‘‘Truong Vinh Ltd. and Rich State Inc.,
                                                                                                          requests for a review of 11 companies.3                Questionnaire Response, First Annual
                                                  BILLING CODE 3510–DS–P                                                                                         Administrative Review of the Antidumping Duty
                                                                                                             1 See Certain Steel Nails from the Republic of
                                                                                                                                                                 Order on Steel Nails from the Socialist Republic of
                                                                                                                                                                 Vietnam, (A–552–818),’’ dated November 8, 2016.
                                                                                                          Korea, Malaysia, the Sultanate of Oman, Taiwan,        Therein, Truong Vinh and Rich State indicated that
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                          and the Socialist Republic of Vietnam:                 they believe that their zinc anchors would be found
                                                                                                          Antidumping Duty Orders, 80 FR 39994 (July 13,         outside of the scope of the Order based on an
                                                                                                          2015) (the Order).                                     ongoing scope proceeding. As such, Truong Vinh
                                                                                                             2 See Antidumping or Countervailing Duty Order,
                                                                                                                                                                 and Rich State stated that they would not respond
                                                                                                          Finding, or Suspended Investigation; Opportunity       to the Department’s October 18, 2016, request for
                                                                                                          to Request Administrative Review, 81 FR 43584          information, and that this letter constituted their
                                                                                                          (July 5, 2016).                                        full response to sections A, C, and D of the
                                                                                                             3 See Letter from Amifast Corporation, ‘‘Amifast    Department’s questionnaire. Neither company
                                                                                                          Corporation; Request for Administrative Review;        submitted a separate rate application.



                                             VerDate Sep<11>2014   20:52 Jun 05, 2017   Jkt 241001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\06JNN1.SGM   06JNN1


                                                                                  Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices                                             26051

                                                  8206.00.00.00 or other HTSUS                            entity’s rate (i.e., 323.99 percent) is not               Interested parties who wish to request
                                                  subheadings. While the HTSUS                            subject to change. In this administrative              a hearing must submit a written request
                                                  subheadings are provided for                            review, a review was requested for                     to the Assistant Secretary for
                                                  convenience and customs purposes, the                   Truong Vinh, Rich State, and Dicha                     Enforcement and Compliance within 30
                                                  written description of the scope of this                Sombrilla, but none of these companies                 days of the date of publication of this
                                                  order is dispositive. A full description                filed a separate rate application,                     notice.15 Requests should contain: (1)
                                                  of the scope of the order is contained in               separate rate certification, or no-                    The party’s name, address and
                                                  the Preliminary Decision                                shipment letter. Accordingly, the                      telephone number; (2) the number of
                                                  Memorandum.7 The Preliminary                            Department considers Truong Vinh,                      participants; and (3) a list of issues
                                                  Decision Memorandum is a public                         Rich State, and Dicha Sombrilla to be                  parties intend to discuss. Issues raised
                                                  document and is on file electronically                  part of the Vietnam-wide entity.                       in the hearing will be limited to those
                                                  via Enforcement and Compliance’s                                                                               raised in the respective case and
                                                  Antidumping and Countervailing Duty                     Methodology                                            rebuttal briefs. If a request for a hearing
                                                  Centralized Electronic Service System                     The Department is conducting this                    is made, the Department intends to hold
                                                  (ACCESS). ACCESS is available to                        review in accordance with section                      the hearing at the U.S. Department of
                                                  registered users at http://                             751(a)(1)(B) of the Tariff Act of 1930, as             Commerce, 1401 Constitution Avenue
                                                  access.trade.gov and in the Central                     amended (the Act). For a full                          NW, Washington, DC 20230, at a date
                                                  Records Unit, Room B8024 of the main                    description of the methodology                         and time to be determined.16 Parties
                                                  Department of Commerce building. In                     underlying our conclusions, see the                    should confirm by telephone the date,
                                                  addition, a complete version of the                     Preliminary Decision Memorandum.                       time, and location of the hearing two
                                                  Preliminary Decision Memorandum can                                                                            days before the scheduled date.
                                                  be accessed directly on the internet at                 Preliminary Results of Review                             Unless extended, the Department
                                                  http://enforcement.trade.gov/frn/. The                    The Department preliminarily                         intends to issue the final results of this
                                                  signed Preliminary Decision                             determines that the following weighted-                administrative review, which will
                                                  Memorandum and the electronic                           average dumping margins exist for the                  include the results of our analysis of all
                                                  versions of the Preliminary Decision                    period December 29, 2014, through                      issues raised in the case briefs, within
                                                  Memorandum are identical in content.                    January 30, 2016:                                      120 days of publication of these
                                                  Partial Rescission of Administrative                                                                           preliminary results in the Federal
                                                  Review                                                                                           Weighted-     Register, pursuant to section
                                                                                                                                                    average      751(a)(3)(A) of the Act.
                                                    On October 5, 2016, the petitioner                               Company                       dumping
                                                  withdrew its request for review with                                                                  Assessment Rates
                                                                                                                                                    margins
                                                  respect to the following eight                                                                   (percent)
                                                                                                                                                           Upon issuance of the final results, the
                                                  companies: Astrotech Steels Private                     Dicha Sombrilla Co., Ltd ......        323.99 Department    will determine, and U.S.
                                                  Limited; Blue Moon Logistics Private                    Rich State, Inc ...................... 323.99 Customs and Border Protection (CBP)
                                                  Ltd.; Bollore Logistics Vietnam Co. Ltd.;               Truong Vinh Ltd ....................   323.99 shall assess, antidumping duties on all
                                                  Dahnay Logistics Private Ltd; FGS                                                                     appropriate entries covered by this
                                                  Logistics Co. Ltd.; Honour Lane                         Disclosure and Public Comment                 review.17 The Department intends to
                                                  Shipping Ltd; SDV Vietnam Co. Ltd.;                                                                   issue assessment instructions to CBP 15
                                                  and United Nail Products Co. Ltd.8 No                     Normally, the Department discloses to days after the publication date of the
                                                  other parties requested review of these                 interested parties the calculations           final results of this review. We will
                                                  eight companies. In response to the                     performed for the preliminary results         instruct CBP to assess duties at the ad
                                                  petitioner’s timely filed withdrawal                    within five days of the publication of        valorem margin rates published above.
                                                  request, we are rescinding this                         this notice in accordance with 19 CFR         We will instruct CBP to assess
                                                  administrative review, pursuant to 19                   351.224(b). However, because the              antidumping duties on all appropriate
                                                  CFR 351.213(d)(1),9 with respect to the                 Department preliminarily applied the          entries covered by this review if any
                                                  above-named companies.                                  Vietnam-entity margin to the mandatory assessment rate calculated in the final
                                                                                                          respondents in this administrative            results of this review is above de
                                                  Vietnam-Wide Entity
                                                                                                          review, there are no calculations to          minimis. The final results of this review
                                                    The Vietnam-wide entity will not be                   disclose. Interested parties may submit       shall be the basis for the assessment of
                                                  under review unless a party specifically                case briefs not later than 30 days after      antidumping duties on entries of
                                                  requests, or the Department self-                       the date of publication of this notice in     merchandise covered by the final results
                                                  initiates, a review of the entity.10                    the Federal Register.11 Rebuttal briefs,      of this review and for future deposits of
                                                  Because no party requested a review of                  limited to issues raised in the case          estimated duties, where applicable. The
                                                  the Vietnam-wide entity in this review,                 briefs, may be filed not later than five      Department will assess duties only on
                                                  nor did the Department self-initiate a                  days after the date for filing case           entries of subject merchandise (i.e.,
                                                  review of the Vietnam-wide entity, the                  briefs.12 Parties who submit case briefs      Vietnam-origin steel nails).
                                                  entity is not under review and the                      or rebuttal briefs in this proceeding are
                                                                                                          encouraged to submit with each                Cash Deposit Requirements
                                                    7 See Memorandum, ‘‘Decision Memorandum for
                                                                                                          argument: (1) A statement of the issue;          The following cash deposit
                                                  Preliminary Results of Antidumping Duty
                                                  Administrative Review, 2014–2016: Certain Steel         (2) a brief summary of the argument;          requirements will be effective upon
                                                                                                          and (3) a table of authorities.13 Case and publication of the final results of this
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                                                  Nails from the Socialist Republic of Vietnam,’’
                                                  dated concurrently with, and hereby adopted by,         rebuttal briefs should be filed using         administrative review for shipments of
                                                  this notice (Preliminary Decision Memorandum).          ACCESS.14
                                                    8 See Petitioner’s Review Request Withdrawal
                                                                                                                                                        the subject merchandise from Vietnam
                                                  Letter.                                                                                               entered, or withdrawn from warehouse,
                                                    9 See the Preliminary Decision Memorandum, at           11 See 19 CFR 351.309(c)(1)(ii).
                                                                                                            12 See 19 CFR 351.309(d)(1).                          15 See 19 CFR 351.310(c)
                                                  the section entitled, ‘‘Partial Rescission of
                                                  Administrative Review.’’                                  13 See 19 CFR 351.309(c)(2) and (d)(2).               16 See 19 CFR 351.310(d).
                                                    10 See 19 CFR 351.309(c)(1)(ii).                        14 See 19 CFR 351.303.                                17 See 19 CFR 351.212(b)(1).




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                                                  26052                           Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices

                                                  for consumption on or after the                         DEPARTMENT OF COMMERCE                                 days of the publication of the notice of
                                                  publication date, as provided by section                                                                       initiation of the requested review. In
                                                  751(a)(2)(C) of the Act: (1) For Truong                 International Trade Administration                     this case, the Fair Trade Committee
                                                  Vinh, Rich State, and Dicha Sombrilla,                  [C–570–955]                                            timely withdrew its request for review
                                                  the cash deposit rate will be that                                                                             within the 90-day deadline, and no
                                                  established in the final results of this                Certain Magnesia Carbon Bricks From                    other party requested an administrative
                                                  review (except, if the rate is zero or de               the People’s Republic of China:                        review of the CVD order. Therefore, in
                                                  minimis, then zero cash deposit will be                 Rescission of Countervailing Duty                      response to the timely withdrawal of the
                                                  required); (2) for previously investigated              Administrative Review; 2015                            request for review, and in accordance
                                                  or reviewed Vietnam exporters not                       AGENCY:   Enforcement and Compliance,                  with 19 CFR 351.213(d)(1), we are
                                                  listed above that received a separate rate              International Trade Administration,                    rescinding the administrative review of
                                                  in a prior segment of this proceeding,                  Commerce.                                              the CVD order on MC Bricks from the
                                                  the cash deposit rate will continue to be               SUMMARY: The Department of Commerce                    PRC for the period January 1, 2015,
                                                  the existing exporter-specific rate                     (the Department) is rescinding the                     through December 31, 2015, in its
                                                  published for the most recently                         administrative review of the                           entirety.
                                                  completed period; (3) for all Vietnam                   countervailing duty (CVD) order on
                                                                                                                                                                 Assessment
                                                  exporters of subject merchandise that                   certain magnesia carbon bricks (MC
                                                  have not been found to be entitled to a                 Bricks) from the People’s Republic of                    The Department will instruct CBP to
                                                  separate rate, the cash deposit rate will               China (PRC) for the period January 1,                  assess CVD duties on all appropriate
                                                  be the NME-wide rate of 323.99 percent;                 2015, through December 31, 2015.                       entries. Because this administrative
                                                  and (4) for all non-Vietnam exporters of                DATES: Effective June 6, 2017.                         review is being rescinded in its entirety,
                                                  subject merchandise which have not                      FOR FURTHER INFORMATION CONTACT:                       the entries to which this administrative
                                                  received their own rate, the cash deposit               Gene H. Calvert, AD/CVD Operations,                    review pertain shall be assessed CVD
                                                  rate will be the rate applicable to the                 Office VII, Enforcement and                            duties that are equal to the cash deposits
                                                  Vietnam exporter that supplied that                     Compliance, International Trade                        of estimated CVD duties required at the
                                                  non-Vietnam exporter. These deposit                     Administration, U.S. Department of                     time of entry, or withdrawal from
                                                  requirements, when imposed, shall                       Commerce, 1401 Constitution Avenue                     warehouse, for consumption, in
                                                  remain in effect until further notice.                  NW., Washington, DC 20230; telephone                   accordance with 19 CFR
                                                                                                          (202) 482–3586.
                                                  Notification to Importers                                                                                      351.212(c)(1)(i). The Department
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 intends to issue appropriate assessment
                                                    This notice also serves as a                          Background                                             instructions to CBP 15 days after the
                                                  preliminary reminder to importers of                      On November 9, 2016, based on a                      publication of this notice in the Federal
                                                  their responsibility under 19 CFR                       timely request for review by the                       Register.
                                                  351.402(f)(2) to file a certificate                     Magnesia Carbon Bricks Fair Trade                      Notifications
                                                  regarding the reimbursement of                          Committee (Fair Trade Committee),1 the
                                                  antidumping duties prior to liquidation                 Department of Commerce (the                              This notice serves as a final reminder
                                                  of the relevant entries during this                     Department) published in the Federal                   to parties subject to administrative
                                                  review period. Failure to comply with                   Register a notice of initiation of an                  protective order (APO) of their
                                                  this requirement could result in the                    administrative review of the CVD order                 responsibility concerning the return or
                                                  Department’s presumption that                           on MC Bricks from the PRC with respect                 destruction of proprietary information
                                                  reimbursement of antidumping duties                     to 18 companies for the period of review               disclosed under APO, in accordance
                                                  occurred and the subsequent assessment                  (POR) January 1, 2015, through                         with 19 CFR 351.305(a)(3). Timely
                                                  of double antidumping duties.                           December 31, 2015.2 No other party                     written notification of the return or
                                                    We are issuing and publishing these                   requested an administrative review.                    destruction of APO materials or the
                                                  results in accordance with sections                     Rescission of Review                                   conversion to judicial protective order is
                                                  751(a)(1) and 777(i)(1) of the Act and 19                 Pursuant to 19 CFR 351.213(d)(1), the                hereby requested. Failure to comply
                                                  CFR 351.213.                                            Department will rescind an                             with the regulations and the terms of an
                                                    Dated: May 24, 2017.                                  administrative review, in whole or in                  APO is a sanctionable violation.
                                                  Ronald K. Lorentzen,                                    part, if the party that requested the                    This notice is published in
                                                                                                          review withdraws its request within 90                 accordance with section 751 of the Act
                                                  Acting Assistant Secretary for Enforcement
                                                  and Compliance.                                                                                                and 19 CFR 351.213(d)(4).
                                                                                                            1 See Letter to the Secretary from the Fair Trade

                                                                                                          Committee, ‘‘Certain Magnesia Carbon Bricks from         Dated: May 31, 2017.
                                                  Appendix—List of Topics Discussed in
                                                                                                          the People’s Republic of China: Request for            Gary Taverman,
                                                  the Preliminary Decision Memorandum                     Administrative Review,’’ (September 30, 2016). The
                                                                                                          Fair Trade Committee is an ad hoc association          Deputy Assistant Secretary for Antidumping
                                                  1. Summary                                                                                                     and Countervailing Duty Operations.
                                                                                                          comprised of the following U.S. producers of
                                                  2. Background                                           magnesia carbon bricks: Resco Products, Inc.;          [FR Doc. 2017–11674 Filed 6–5–17; 8:45 am]
                                                  3. Scope of the Order                                   Magnesita Refractories Company; and
                                                                                                          HarbisonWalker International.                          BILLING CODE 3510–DS–P
                                                  4. Partial Rescission of Administrative
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                                                                                                            2 See Initiation of Antidumping and
                                                       Review
                                                                                                          Countervailing Duty Administrative Reviews, 81 FR
                                                  5. Discussion of the Methodology
                                                                                                          78778 (November 9, 2016) (November 2016
                                                  6. Vietnam-Wide Entity                                  Initiation Notice); see also Initiation of
                                                  7. Recommendation                                       Antidumping and Countervailing Duty
                                                  [FR Doc. 2017–11668 Filed 6–5–17; 8:45 am]              Administrative Reviews, 82 FR 4294 (January 13,
                                                                                                          2017), which corrected the misspelling of certain
                                                  BILLING CODE 3510–DS–P                                  company names in the November 2016 Initiation
                                                                                                          Notice.



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Document Created: 2017-06-06 06:21:06
Document Modified: 2017-06-06 06:21:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective June 6, 2017.
ContactChelsey Simonovich or Mark Flessner, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1979 or (202) 482-6312, respectively.
FR Citation82 FR 26050 

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