82 FR 34476 - Certain Steel Nails From Malaysia: Final Results of the Changed Circumstances Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 141 (July 25, 2017)
International Trade Administration
Federal Register Volume 82, Issue 141 (July 25, 2017)
| Page Range | 34476-34477 | |
| FR Document | 2017-15518 |
[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)] [Notices] [Pages 34476-34477] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15518] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-557-816] Certain Steel Nails From Malaysia: Final Results of the Changed Circumstances Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: On December 6, 2016, the Department of Commerce (Department) published a notice of preliminary results of a changed circumstance review (CCR) of the antidumping duty order on certain steel nails (nails) from Malaysia. Based on our analysis of the comments from interested parties, we continue to find that Inmax Sdn. Bhd. (Inmax Sdn) and Inmax Industries Sdn. Bhd. (Inmax Industries) (collectively, Inmax Companies) should be collapsed. The combined entity's antidumping duty cash deposit rate is the current antidumping duty cash deposit rate assigned to Inmax Sdn for purposes of determining antidumping duty liability. DATES: July 25, 2017. FOR FURTHER INFORMATION CONTACT: Moses Song, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5041. SUPPLEMENTARY INFORMATION: Background The Department initiated this CCR on November 17, 2015, and published the Preliminary Results on December 6, 2016.\1\ For a description of events that have occurred since the Preliminary Results, see the Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS''). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Certain Steel Nails from Malaysia: Initiation of Antidumping Duty Changed Circumstances Review, 80 FR 71772 (November 17, 2015) (``Initiation Notice''); see also Certain Steel Nails from Malaysia: Preliminary Results of the Changed Circumstances Review, 81 FR 87907 (December 6, 2016) (``Preliminary Results''). \2\ See ``Issues and Decision Memorandum for the Final Results of the Antidumping Duty Changed Circumstances Review of Certain Steel Nails from Malaysia,'' dated concurrently with and hereby adopted in this notice (``Issues and Decision Memorandum''). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the Order \3\ is certain steel nails having a nominal shaft length not exceeding 12 inches.\4\ Certain steel nails include, but are not limited to, nails made from round wire and nails that are cut from flat-rolled steel. A complete description of the scope of the Order is contained in the Issues and Decision Memorandum.\5\ --------------------------------------------------------------------------- \3\ 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). \4\ The shaft length of certain steel nails with flat heads or parallel shoulders under the head shall be measured from under the head or shoulder to the tip of the point. The shaft length of all other certain steel nails shall be measured overall. \5\ See Issues and Decision Memorandum. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised by interested parties in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. Final Results of the Changed Circumstances Review Upon review of the comments received and the record evidence, the Department continues to find that the Inmax Companies meet the criteria to be collapsed into a single entity and should be collapsed for purposes of antidumping duty liability in this proceeding. While, historically, the Department has not applied 19 CFR 351.401(f) in the context of CCRs, the Department finds that for purposes of this particular segment of the proceeding, the criteria in the regulation are relevant to ensure that the administration and effect of the underlying antidumping duty order are not undermined.\6\ --------------------------------------------------------------------------- \6\ See, Hontex Enters. v. United States, 342 F. Supp. 2d 1225, 1234 (CIT 2004) (upholding Commerce's going beyond the traditional regulatory analysis to address significant potential for manipulation through criteria other than those listed in the regulations); see also, Certain Carbon Steel Cut-To-Length Plate from Austria, 82 FR 16366 (April 4, 2017) and accompanying Issues and Decision Memorandum, at Comment 5 (``While the regulations only addresses certain types of entities, `the Department has found it to be instructive' in determining whether other types of entities should be collapsed.''). --------------------------------------------------------------------------- Specifically, we determine that: (1) Inmax Sdn and Inmax Industries have production facilities for similar or identical products that would not require substantial retooling of either facility in order to restructure manufacturing priorities; and, (2) there is a ``significant potential for the manipulation of price or production,'' if we do not collapse the companies. We conclude that allowing a company to avoid paying the cash deposits, specifically determined for it as a result of an investigation, through use of affiliated production facilities, is an evasion of the antidumping duty order, thereby warranting a CCR. Accordingly, as discussed further in the Issues and Decision Memorandum, we find, in sum, that: (1) There were sufficient changed circumstances which established good cause to initiate and conduct this review; (2) the Inmax Companies should be collapsed; (3) the collapsed entity of the Inmax Companies is subject to the cash deposit rate assigned to Inmax Sdn in the investigation; and, (4) the results of this review are applied prospectively, from the date of the publication of the Final Results.\7\ --------------------------------------------------------------------------- \7\ See the Order, 80 FR 39994; see also Issues and Decision Memorandum. --------------------------------------------------------------------------- Instructions to U.S. Customs and Border Protection As a result of this determination, the Department finds that both Inmax Sdn [[Page 34477]] and Inmax Industries are subject to the cash deposit rate currently assigned to Inmax Sdn (i.e., 39.35 percent).\8\ Therefore, the Department will instruct U.S. Customs and Border Protection to continue suspension of liquidation and to collect estimated antidumping duties for all shipments of subject merchandise produced and exported by Inmax Sdn and/or Inmax Industries at the current cash deposit rate currently applicable to such entries, i.e., the cash deposit rate of 39.35 percent assigned to Inmax Sdn, from the date of the publication of the Final Results.\9\ This cash deposit requirement shall remain in effect until further notice. --------------------------------------------------------------------------- \8\ See the Order, 80 FR 39994 (July 13, 2015). \9\ Id. --------------------------------------------------------------------------- Notification to Parties This notice is the only reminder to parties subject to administrative protective order (``APO'') of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation. The Department is issuing and publishing these results in accordance with sections 751(b)(1) and (4) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.216 and 19 CFR 351.221(c)(3)(i). Dated: July 14, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix--List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of Issues V. Recommendation [FR Doc. 2017-15518 Filed 7-24-17; 8:45 am] BILLING CODE 3510-DS-P
![34476 Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices
addressed to the FTZ Board’s Executive Background Final Results of the Changed
Secretary at the address below. The The Department initiated this CCR on Circumstances Review
closing period for their receipt is November 17, 2015, and published the Upon review of the comments
September 5, 2017. Rebuttal comments Preliminary Results on December 6, received and the record evidence, the
in response to material submitted 2016.1 For a description of events that Department continues to find that the
during the foregoing period may be have occurred since the Preliminary Inmax Companies meet the criteria to be
submitted during the subsequent 15-day Results, see the Issues and Decision collapsed into a single entity and should
period to September 18, 2017. Memorandum.2 The Issues and Decision be collapsed for purposes of
A copy of the application will be Memorandum is a public document and antidumping duty liability in this
available for public inspection at the is on file electronically via Enforcement proceeding. While, historically, the
Office of the Executive Secretary, and Compliance’s Antidumping and Department has not applied 19 CFR
Foreign-Trade Zones Board, Room Countervailing Duty Centralized 351.401(f) in the context of CCRs, the
21013, U.S. Department of Commerce, Electronic Service System (‘‘ACCESS’’). Department finds that for purposes of
1401 Constitution Avenue NW., ACCESS is available to registered users this particular segment of the
Washington, DC 20230–0002, and in the at http://access.trade.gov, and is proceeding, the criteria in the regulation
‘‘Reading Room’’ section of the FTZ available to all parties in the Central are relevant to ensure that the
Board’s Web site, which is accessible Records Unit, room B8024 of the main administration and effect of the
via www.trade.gov/ftz. Department of Commerce building. In underlying antidumping duty order are
For further information, contact addition, a complete version of the not undermined.6
Christopher Kemp at Issues and Decision Memorandum can Specifically, we determine that: (1)
Christopher.Kemp@trade.gov or (202) be accessed directly at http:// Inmax Sdn and Inmax Industries have
482–0862. enforcement.trade.gov/frn/index.html. production facilities for similar or
Dated: July 20, 2017. The signed Issues and Decision identical products that would not
Elizabeth Whiteman, Memorandum and the electronic require substantial retooling of either
Acting Executive Secretary. versions of the Issues and Decision facility in order to restructure
[FR Doc. 2017–15570 Filed 7–24–17; 8:45 am] Memorandum are identical in content. manufacturing priorities; and, (2) there
is a ‘‘significant potential for the
BILLING CODE 3510–DS–P Scope of the Order manipulation of price or production,’’ if
The merchandise covered by the we do not collapse the companies. We
DEPARTMENT OF COMMERCE Order 3 is certain steel nails having a conclude that allowing a company to
nominal shaft length not exceeding 12 avoid paying the cash deposits,
International Trade Administration inches.4 Certain steel nails include, but specifically determined for it as a result
are not limited to, nails made from of an investigation, through use of
[A–557–816] round wire and nails that are cut from affiliated production facilities, is an
flat-rolled steel. A complete description evasion of the antidumping duty order,
Certain Steel Nails From Malaysia: thereby warranting a CCR.
Final Results of the Changed of the scope of the Order is contained
in the Issues and Decision Accordingly, as discussed further in
Circumstances Review the Issues and Decision Memorandum,
Memorandum.5
AGENCY: Enforcement and Compliance, we find, in sum, that: (1) There were
Analysis of Comments Received sufficient changed circumstances which
International Trade Administration,
Department of Commerce All issues raised by interested parties established good cause to initiate and
in the case and rebuttal briefs are conduct this review; (2) the Inmax
SUMMARY: On December 6, 2016, the
addressed in the Issues and Decision Companies should be collapsed; (3) the
Department of Commerce (Department)
Memorandum. A list of the issues collapsed entity of the Inmax
published a notice of preliminary
addressed in the Issues and Decision Companies is subject to the cash deposit
results of a changed circumstance
Memorandum is appended to this rate assigned to Inmax Sdn in the
review (CCR) of the antidumping duty
notice. investigation; and, (4) the results of this
order on certain steel nails (nails) from
review are applied prospectively, from
Malaysia. Based on our analysis of the
1 See Certain Steel Nails from Malaysia: Initiation the date of the publication of the Final
comments from interested parties, we
of Antidumping Duty Changed Circumstances Results.7
continue to find that Inmax Sdn. Bhd. Review, 80 FR 71772 (November 17, 2015)
(Inmax Sdn) and Inmax Industries Sdn. (‘‘Initiation Notice’’); see also Certain Steel Nails Instructions to U.S. Customs and
Bhd. (Inmax Industries) (collectively, from Malaysia: Preliminary Results of the Changed Border Protection
Inmax Companies) should be collapsed. Circumstances Review, 81 FR 87907 (December 6,
2016) (‘‘Preliminary Results’’). As a result of this determination, the
The combined entity’s antidumping 2 See ‘‘Issues and Decision Memorandum for the Department finds that both Inmax Sdn
duty cash deposit rate is the current Final Results of the Antidumping Duty Changed
antidumping duty cash deposit rate Circumstances Review of Certain Steel Nails from 6 See, Hontex Enters. v. United States, 342 F.
assigned to Inmax Sdn for purposes of Malaysia,’’ dated concurrently with and hereby Supp. 2d 1225, 1234 (CIT 2004) (upholding
determining antidumping duty liability. adopted in this notice (‘‘Issues and Decision Commerce’s going beyond the traditional regulatory
Memorandum’’). analysis to address significant potential for
DATES: July 25, 2017. 3 See Certain Steel Nails from the Republic of
manipulation through criteria other than those
FOR FURTHER INFORMATION CONTACT: Korea, Malaysia, the Sultanate of Oman, Taiwan, listed in the regulations); see also, Certain Carbon
mstockstill on DSK30JT082PROD with NOTICES
and the Socialist Republic of Vietnam: Steel Cut-To-Length Plate from Austria, 82 FR
Moses Song, AD/CVD Operations, Office Antidumping Duty Orders, 80 FR 39994 (July 13, 16366 (April 4, 2017) and accompanying Issues and
VI, Enforcement and Compliance, 2015) (the Order). Decision Memorandum, at Comment 5 (‘‘While the
International Trade Administration, 4 The shaft length of certain steel nails with flat regulations only addresses certain types of entities,
U.S. Department of Commerce, 1401 heads or parallel shoulders under the head shall be ‘the Department has found it to be instructive’ in
Constitution Avenue NW., Washington, measured from under the head or shoulder to the determining whether other types of entities should
tip of the point. The shaft length of all other certain be collapsed.’’).
DC 20230; telephone: (202) 482–5041. steel nails shall be measured overall. 7 See the Order, 80 FR 39994; see also Issues and
SUPPLEMENTARY INFORMATION: 5 See Issues and Decision Memorandum. Decision Memorandum.
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![Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices 34477
and Inmax Industries are subject to the DEPARTMENT OF COMMERCE sold in the United States at less than fair
cash deposit rate currently assigned to value within the meaning of section 731
Inmax Sdn (i.e., 39.35 percent).8 International Trade Administration of the Act, and that such imports are
Therefore, the Department will instruct [A–580–894] materially injuring, or threatening
U.S. Customs and Border Protection to material injury to, the domestic industry
continue suspension of liquidation and Certain Tapered Roller Bearings From producing TRBs in the United States.
to collect estimated antidumping duties the Republic of Korea: Initiation of Also, consistent with section 732(b)(1)
for all shipments of subject merchandise Less-Than-Fair-Value Investigation of the Act, the Petition is accompanied
produced and exported by Inmax Sdn by information reasonably available to
AGENCY: Enforcement and Compliance, the petitioner supporting its allegations.
and/or Inmax Industries at the current International Trade Administration, The Department finds that the
cash deposit rate currently applicable to Department of Commerce. petitioner filed this Petition on behalf of
such entries, i.e., the cash deposit rate
DATES: Issued July 18, 2017. the domestic industry because the
of 39.35 percent assigned to Inmax Sdn,
FOR FURTHER INFORMATION CONTACT: petitioner is an interested party as
from the date of the publication of the defined in section 771(9)(C) of the Act.
Final Results.9 This cash deposit Blaine Wiltse at 202–482–6345, or
Manuel Rey at 202–482–5518, AD/CVD The Department also finds that the
requirement shall remain in effect until petitioner demonstrated sufficient
further notice. Operations, Enforcement and
Compliance, International Trade industry support with respect to the
Notification to Parties Administration, U.S. Department of initiation of the AD investigation that
Commerce, 1401 Constitution Avenue the petitioner is requesting.6
This notice is the only reminder to NW., Washington, DC 20230. Period of Investigation
parties subject to administrative SUPPLEMENTARY INFORMATION:
protective order (‘‘APO’’) of their Because the Petition was filed on June
responsibility concerning the The Petition 28, 2017, the period of investigation
disposition of proprietary information (POI) is April 1, 2016, through March
On June 28, 2017, the U.S.
disclosed under APO in accordance 31, 2017.
Department of Commerce (the
with 19 CFR 351.305(a)(3). Timely Department) received an antidumping Scope of the Investigation
written notification of the return or duty (AD) petition concerning imports The product covered by this
destruction of APO materials or of certain tapered roller bearings (TRBs) investigation is TRBs from Korea. For a
conversion to judicial protective order is from the Republic of Korea (Korea), filed full description of the scope of this
hereby requested. Failure to comply in proper form, on behalf of the Timken investigation, see the ‘‘Scope of the
with the regulations and terms of an Company (the petitioner).1 The Investigation,’’ in the Appendix to this
APO is a sanctionable violation. petitioner is a domestic producer of notice.
TRBs.2
The Department is issuing and Comments on Scope of the Investigation
On July 3, 2017, the Department
publishing these results in accordance
requested supplemental information During our review of the Petition, the
with sections 751(b)(1) and (4) and pertaining to certain areas of the
777(i) of the Tariff Act of 1930, as Department issued questions to, and
Petition.3 The petitioner filed its received responses from, the petitioner
amended, and 19 CFR 351.216 and 19 response to this request, including pertaining to the proposed scope to
CFR 351.221(c)(3)(i). corrections to the margin calculations ensure that the scope language in the
Dated: July 14, 2017. and revised scope language, on July 6, Petition would be an accurate reflection
Gary Taverman, 2017.4 On July 11, 2017, the petitioner of the products for which the domestic
Deputy Assistant Secretary for Antidumping
filed an additional amendment to the industry is seeking relief.7
and Countervailing Duty Operations, Petition.5 As discussed in the preamble to the
performing the non-exclusive functions and In accordance with section 732(b) of Department’s regulations, we are setting
duties of the Assistant Secretary for the Tariff Act of 1930, as amended (the aside a period for interested parties to
Enforcement and Compliance. Act), the petitioner alleges that imports raise issues regarding product coverage
of TRBs are being, or are likely to be, (scope).8 The Department will consider
Appendix—List of Topics Discussed in all comments received from interested
the Issues and Decision Memorandum 1 See Petition for the Imposition of Antidumping
parties and, if necessary, will consult
Duties on Imports of Certain Tapered Roller
I. Summary Bearings from the Republic of Korea, dated June 28,
with interested parties prior to the
II. Background 2017 (the Petition). issuance of the preliminary
III. Scope of the Order 2 See Volume I of the Petition, at 1 and Exhibit determination. If scope comments
IV. Discussion of Issues I–1. include factual information,9 all such
3 See Department Letter re: Petition for the
V. Recommendation factual information should be limited to
Imposition of Antidumping Duties on Imports of
[FR Doc. 2017–15518 Filed 7–24–17; 8:45 am] Certain Tapered Roller Bearings from the Republic
public information. To facilitate
of Korea: Supplemental Questions, dated July 3, preparation of its questionnaires, the
BILLING CODE 3510–DS–P
2017. Department requests all interested
4 See Letter from the petitioner re: Petitioner’s
parties to submit such comments by
Response to the Department of Commerce’s July 3, 5:00 p.m. Eastern Time (ET) on Monday,
2017 Supplemental Questionnaire Regarding the
mstockstill on DSK30JT082PROD with NOTICES
Petition for the Imposition of Antidumping Duties
6 See ‘‘Determination of Industry Support for the
on Imports of Tapered Roller Bearings from the
Republic of Korea, dated July 6, 2017 (Petition Petition’’ section, below.
7 See Petition Supplement, at 1–5 and Exhibit
Supplement).
5 See Letter from the petitioner re: Petitioner’s SQ–1; see also Scope Clarification.
8 See Antidumping Duties; Countervailing Duties,
Scope Clarification Regarding the Antidumping
Investigation on Certain Tapered Roller Bearings Final Rule, 62 FR 27296, 27323 (May 19, 1997).
8 See the Order, 80 FR 39994 (July 13, 2015). from the Republic of Korea, dated July 11, 2017 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
9 Id. (Scope Clarification). information’’).
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Document Created: 2018-10-24 11:20:00
Document Modified: 2018-10-24 11:20:00
| 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 | July 25, 2017. | |
| Contact | Moses Song, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5041. | |
| FR Citation | 82 FR 34476 |
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