82 FR 42291 - Certain Steel Nails From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 172 (September 7, 2017)
International Trade Administration
Federal Register Volume 82, Issue 172 (September 7, 2017)
| Page Range | 42291-42294 | |
| FR Document | 2017-18977 |
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)] [Notices] [Pages 42291-42294] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18977] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-909] Certain Steel Nails From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that mandatory respondents Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc. (collectively Stanley), and Tianjin Lianda Group Co, Ltd. (Tianjin Lianda) sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR), August 1, 2015, through July 31, 2016. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties (AD) on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. DATES: Applicable September 7, 2017. FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Courtney Canales, 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) 482-2312 or (202) 482-4997, respectively. SUPPLEMENTARY INFORMATION: Background On October 14, 2016, the Department published in the Federal Register the notice of initiation of an administrative review of the AD order on certain steel nails (Nails) from the People's Republic of China (PRC) for the period of review August 1, 2015, through July 31, 2016. The Department initiated a review with respect to 31 companies.\1\ The [[Page 42292]] Department selected two mandatory respondents, Stanley and Tianjin Lianda, based on highest volume of exports.\2\ On April 21, 2017, the Department extended the preliminary results of review to August 31, 2017. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 71064 (October 14, 2016) (Initiation Notice). Although there were 32 companies in the initiation, it included SDC International Australia Pty Ltd. Per the Final Results of Redetermination Pursuant to Voluntary Remand Order: SDC International Aust. PTY. Ltd. v. United States, CIT Court No. 16- 00062 (January 20, 2017), we found both SDC International Aust. Pty. Ltd. and SDC International Australia Pty Ltd., to be the same company. Therefore, SDC International Aust. Pty. Ltd. is the party under review; SDC International Australia Pty Ltd. is not under review as a distinct company. \2\ See Respondent Selection Memo dated February 2, 2017. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the order includes certain steel nails having a shaft length up to 12 inches. Certain steel nails subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7317.00.55, 7317.00.65, 7317.00.75, and 7907.00.6000.\3\ While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.\4\ --------------------------------------------------------------------------- \3\ The Department added the Harmonized Tariff Schedule category 7907.00.6000, ``Other articles of zinc: Other,'' to the language of the Order. See Memorandum to Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office 9, Antidumping and Countervailing Duty Operations, regarding ``Certain Steel Nails from the People's Republic of China: Cobra Anchors Co. Ltd. Final Scope Ruling,'' dated September 19, 2013. \4\ See ``Certain Steel Nails from the People's Republic of China: Decision Memorandum for the Preliminary Results of the 2015- 2016 Antidumping Duty Administrative Review,'' (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice, for a complete description of the Scope of the Order. --------------------------------------------------------------------------- Preliminary Determination of No Shipments Based on the no-shipments letters filed by two companies,\5\ the Department preliminarily determines that these companies had no shipments during the POR. For additional information regarding this determination, including a list of these companies, see the Preliminary Decision Memorandum. Consistent with our assessment practice in non- market economy (NME) administrative reviews, the Department is not rescinding this review for these companies, but intends to complete the review and issue appropriate instructions to CBP based on the final results of the review.\6\ --------------------------------------------------------------------------- \5\ Although Shanxi Yuci, Besco Machinery Industry (Zheijiang) Co., Ltd., Certified Products International Inc., PT Enterprise Inc., Shanghai Jade Shuttle Hardware Tools Co., Ltd., and Zhejian Gem-Chun Hardware Accessory Co., Ltd. submitted a No Shipments Letter, they are not among the 31 companies initiated on in this review, and therefore are not subject to this review. Therefore, we have only evaluated the no shipment claims of the two companies that submitted no shipments letters and for which this review was initiated. \6\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and the ``Assessment Rates'' section, below. --------------------------------------------------------------------------- Separate Rates The Department preliminarily determines that information placed on the record by the mandatory respondents Stanley and Tianjin Lianda, as well as by the 22 other separate rate applicants, demonstrates that these companies are entitled to separate rate status. See Preliminary Results of Review section below. For additional information, see the Preliminary Decision Memorandum. PRC-Wide Entity The Department's policy regarding conditional review of the PRC- wide entity applies to this administrative review.\7\ Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, the entity is not under review and the weighted-average dumping margin determined for the PRC-wide entity is not subject to change (i.e., 118.04 percent) as a result of this review.\8\ Aside from the companies discussed above, the Department considers all other companies for which a review was requested \9\ to be part of the PRC- wide entity. For additional information, see the Preliminary Decision Memorandum; see also Appendix 2 for a list of companies considered as part of the PRC-wide entity. --------------------------------------------------------------------------- \7\ See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). \8\ Id.; Certain Steel Nails from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 80 FR 18816, 18817 and accompanying Issues and Decision Memorandum. \9\ These companies are: Aironware (Shanghai) Co., Ltd., Certified Products Taiwan Inc., Chiieh Yung Metal Ind. Corp., Faithful Engineering Products Co., Ltd., and Huanghua Xionghua Hardware Products Co., Ltd. --------------------------------------------------------------------------- Rate for Separate-Rate Companies Not Individually Examined The statute and the Department's regulations do not address the establishment of a rate to be applied to respondents not selected for individual examination when the Department limits its examination of companies subject to the administrative review pursuant to section 777A(c)(2)(B) of the Tariff Act of 1930, as amended (the Act). Generally, the Department looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for companies not individually examined in an administrative review. Section 735(c)(5)(A) of the Act articulates a preference for not calculating an all-others rate using rates which are zero, de minimis or based entirely on facts available (FA). Accordingly, the Department's usual practice has been to determine the dumping margin for companies not individually examined by averaging the weighted-average dumping margins for the individually examined respondents, excluding rates that are zero, de minimis, or based entirely on facts available.\10\ Consistent with this practice, in this review, we calculated weighted-average dumping margins for both Stanley and Tianjin Lianda that are both not zero, de minimis or based entirely on FA; therefore, the Department assigned to the companies not individually examined, but which demonstrated their eligibility for a separate rate, the weighted average of the weighted-average dumping margins calculated for Stanley and Tianjin Lianda in these preliminary results. This average has been weighted by the ranged, publicly available sale quantities for Stanley and Tianjin Lianda in the U.S. market. --------------------------------------------------------------------------- \10\ See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying Issues and Decision Memorandum at Comment 16. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with sections 751(a)(1)(B) and 751(a)(2)(A) of the Act. Constructed export prices and export prices have been calculated in accordance with section 772 of the Act. Because the PRC is a non-market economy country within the meaning of section 771(18) of the Act, normal value (NV) has been calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. 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 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 [[Page 42293]] 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. Preliminary Results of Review The Department preliminarily determines that the following weighted-average dumping margins exist for the period August 1, 2015, through July 31, 2016: ------------------------------------------------------------------------ Weighted-average Exporter/producer dumping margin ------------------------------------------------------------------------ Stanley.............................................. 3.60 Tianjin Lianda....................................... 332.95 Dezhou Hualude Hardware Products Co., Ltd............ 28.21 Hebei Cangzhou New Century Foreign Trade Co., Ltd.... 28.21 Hebei Minmetals Co., Ltd............................. 28.21 Nanjing CAIQING Hardware Co., Ltd.................... 28.21 Nanjing Toua Hardware & Tools Co., Ltd............... 28.21 Qingdao D&L Group Ltd................................ 28.21 SDC International Aust. PTY. LTD..................... 28.21 Shandong Dinglong Import & Export Co., Ltd........... 28.21 Shandong Oriental Cherry Hardware Group Co., Ltd..... 28.21 Shandong Qingyun Hongyi Hardware Products Co., Ltd... 28.21 Shanghai Curvet Hardware Products Co., Ltd........... 28.21 Shanghai Yueda Nails Industry Co., Ltd a.k.a. 28.21 Shanghai Yueda...................................... Shanxi Hairui Trade Co., Ltd......................... 28.21 Shanxi Pioneer Hardware Industrial Co., Ltd.......... 28.21 Shanxi Tianli Industries Co., Ltd.................... 28.21 Suntec Industries Co., Ltd........................... 28.21 S-Mart (Tianjin) Technology Development Co., Ltd..... 28.21 Tianjin Jinchi Metal Products Co., Ltd............... 28.21 Tianjin Jinghai County Hongli Industry & Business 28.21 Co., Ltd............................................ Tianjin Universal Machinery Imp. & Exp. Corporation.. 28.21 Tianjin Zhonglian Metals Ware Co., Ltd............... 28.21 Xi'an Metals & Minerals Import & Export Co., Ltd..... 28.21 ------------------------------------------------------------------------ Disclosure The Department intends to disclose to interested parties the calculations performed in connection with these preliminary results within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the date of publication of these preliminary results, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this administrative review 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. --------------------------------------------------------------------------- \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. 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 time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. 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, unless extended. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\12\ The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. --------------------------------------------------------------------------- \12\ See 19 CFR 351.212(b). --------------------------------------------------------------------------- For any individually examined respondent whose weighted average dumping margin is not zero or de minimis (i.e., less than 0.50 percent) in the final results of this review, the Department will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those sales, in accordance with 19 CFR 351.212(b)(1). Where an importer-specific ad valorem rate is not zero or de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation.\13\ Where either a respondent's weighted-average dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\14\ --------------------------------------------------------------------------- \13\ See 19 CFR 351.212(b)(1). \14\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon [[Page 42294]] publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this review (except, if the rate is de minimis, then cash deposit rate will be zero); (2) for previously examined PRC and non-PRC exporters not listed above that at the time of entry are eligible for a separate rate based on a prior completed segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific cash deposit rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate at the time of entry, the cash deposit rate will be that for the PRC-wide entity (i.e., 118.04 percent); and (4) for all non-PRC exporters of subject merchandise which at the time of entry are not eligible for a separate rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC 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 the POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties This preliminary determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 31, 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 1 List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Preliminary Determination of No Shipments 5. Non-Market Economy Country Status 6. Separate Rates 7. Application of Facts Available and Use of Adverse Inference 8. Facts Available 9. Surrogate Country 10. Date of Sale 11. Normal Value Comparisons 12. Factor Valuation Methodology 13. Comparisons to Normal Value 14. Currency Conversion 15. Recommendation Appendix 2 1. Aironware (Shanghai) Co., Ltd. 2. Certified Products Taiwan Inc. 3. Chiieh Yung Metal Ind. Corp. 4. Faithful Engineering Products Co., Ltd. 5. Huanghua Xionghua Hardware Products Co., Ltd. [FR Doc. 2017-18977 Filed 9-6-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42291
DC 20230, at a date and time to be and (4) the cash deposit rate for all other DEPARTMENT OF COMMERCE
determined.13 Parties should confirm producers or exporters will continue to
the date, time, and location of the be the all-others rate of 22.00 percent, International Trade Administration
hearing two days before the scheduled the rate established in the investigation [A–570–909]
date. of this proceeding.16 These cash deposit
The Department intends to publish requirements, when imposed, shall Certain Steel Nails From the People’s
the final results of this administrative remain in effect until further notice. Republic of China: Preliminary Results
review, including the results of its of the Antidumping Duty
analysis of issues raised in any case or Notification to Importers
Administrative Review and Preliminary
rebuttal brief, no later than 120 days This notice also serves as a reminder Determination of No Shipments; 2015–
after publication of these preliminary 2016
to importers of their responsibility
results, unless extended.14
under 19 CFR 351.402(f)(2) to file a
AGENCY: Enforcement and Compliance,
Assessment Rates certificate regarding the reimbursement
International Trade Administration,
Upon completion of this of antidumping duties prior to
Department of Commerce.
administrative review, the Department liquidation of the relevant entries
during this review period. Failure to SUMMARY: The Department of Commerce
shall determine, and Customs and (the Department) preliminarily
Border Protection (CBP) shall assess, comply with this requirement could
result in the Department’s presumption determines that mandatory respondents
antidumping duties on all appropriate Stanley Works (Langfang) Fastening
entries. If the preliminary results are that reimbursement of antidumping
duties occurred and the subsequent Systems Co., Ltd. and Stanley Black &
unchanged for the final results, we will Decker, Inc. (collectively Stanley), and
instruct CBP to apply an ad valorem assessment of double antidumping
duties. Tianjin Lianda Group Co, Ltd. (Tianjin
assessment rate of 60.81 percent to all
Lianda) sold subject merchandise in the
entries of subject merchandise during Notification to Interested Parties United States at prices below normal
the period of review which were
value (NV) during the period of review
produced and/or exported by Hyosung, We are issuing and publishing this (POR), August 1, 2015, through July 31,
Hyundai, and the aforementioned notice in accordance with sections 2016. If these preliminary results are
companies which were not selected for 751(a)(1) and 777(i)(1) of the Act. adopted in the final results, the
individual examination.15 We intend to
Dated: August 31, 2017. Department will instruct U.S. Customs
issue liquidation instructions to CBP 15
Gary Taverman, and Border Protection (CBP) to assess
days after publication of the final results
Deputy Assistant Secretary for Antidumping antidumping duties (AD) on all
of this review.
and Countervailing Duty Operations, appropriate entries of subject
Cash Deposit Requirements performing the non-exclusive functions and merchandise during the POR. Interested
The following cash deposit duties of the Assistant Secretary for parties are invited to comment on these
requirements will be effective upon Enforcement and Compliance. preliminary results.
publication of the final results of this Appendix DATES: Applicable September 7, 2017.
administrative review for all shipments FOR FURTHER INFORMATION CONTACT:
of the subject merchandise entered, or List of Topics Discussed in the Preliminary
Decision Memorandum
Matthew Renkey or Courtney Canales,
withdrawn from warehouse, for AD/CVD Operations, Office V,
consumption on or after the publication I. Summary Enforcement and Compliance,
date of the final results of this II. Background International Trade Administration,
administrative review, as provided by III. Scope of the Order
U.S. Department of Commerce, 1401
section 751(a)(2)(C) of the Act: (1) The IV. Application of Facts Available and Use of
Constitution Avenue NW., Washington,
cash deposit rate for Hyosung and Adverse Inference
DC 20230; telephone: (202) 482–2312 or
Hyundai and other companies listed A. Application of Facts Available
B. Use of Adverse Inference
(202) 482–4997, respectively.
above will be equal to the weighted- SUPPLEMENTARY INFORMATION:
C. Selection and Corroboration of the
average dumping margin established in
Adverse Facts Available Rate Background
the final results of this administrative
V. Discussion of The Issues
review; (2) for previously reviewed or A. Hyosung-Specific Issues Failure to On October 14, 2016, the Department
investigated companies not listed above, Report Separately Service-Related published in the Federal Register the
the cash deposit rate will continue to be Revenues Invoice Used in last Period of notice of initiation of an administrative
the company-specific rate published for Review (POR) Used in this POR for review of the AD order on certain steel
the most recently completed segment of Different Sale Unreported Sales nails (Nails) from the People’s Republic
this proceeding in which they were Adjustments of China (PRC) for the period of review
reviewed; (3) if the exporter is not a firm B. Hyundai-Specific Issues Failure to August 1, 2015, through July 31, 2016.
covered in this review, a prior review, Separately Report the Prices and Costs The Department initiated a review with
or in the investigation but the producer for Accessories Understatement of the respect to 31 companies.1 The
is, the cash deposit rate will be the rate Home Market Gross Unit Price
established for the most recently Undisclosed Relationship with 1 See Initiation of Antidumping and
completed segment of this proceeding Hyundai’s Sales Agent Countervailing Duty Administrative Reviews, 81 FR
for the producer of the merchandise; VI. Rate for Non-Selected Companies 71064 (October 14, 2016) (Initiation Notice).
mstockstill on DSK30JT082PROD with NOTICES
VII. Recommendation Although there were 32 companies in the initiation,
it included SDC International Australia Pty Ltd. Per
13 See 19 CFR 351.310(d). [FR Doc. 2017–18998 Filed 9–6–17; 8:45 am] the Final Results of Redetermination Pursuant to
14 See section 751(a)(3)(A) of the Act; 19 CFR
BILLING CODE 3510–DS–P
Voluntary Remand Order: SDC International Aust.
351.213(h). PTY. Ltd. v. United States, CIT Court No. 16–00062
15 See Preliminary Decision Memorandum at (January 20, 2017), we found both SDC
‘‘Rate for Non-Selected Companies’’ (for an 16 See Large Power Transformers from the International Aust. Pty. Ltd. and SDC International
explanation of how we preliminarily determined Republic of Korea: Antidumping Duty Order, 77 FR Australia Pty Ltd., to be the same company.
the rate for non-selected companies). 53177 (August 31, 2012). Continued
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![42294 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices
publication of the final results of this 3. Scope of the Order SUPPLEMENTARY INFORMATION:
review for shipments of the subject 4. Preliminary Determination of No
Shipments I. Abstract
merchandise from the PRC entered, or
5. Non-Market Economy Country Status The EU–U.S. Privacy Shield
withdrawn from warehouse, for 6. Separate Rates
consumption on or after the publication Framework was designed by the U.S.
7. Application of Facts Available and Use of
date, as provided by sections Adverse Inference
Department of Commerce (DOC) and the
751(a)(2)(C) of the Act: (1) For the 8. Facts Available European Commission (Commission) to
companies listed above that have a 9. Surrogate Country provide companies on both sides of the
separate rate, the cash deposit rate will 10. Date of Sale Atlantic with a mechanism to comply
be equal to the weighted-average 11. Normal Value Comparisons with data protection requirements when
dumping margin established in the final 12. Factor Valuation Methodology transferring personal data from the
13. Comparisons to Normal Value European Union to the United States in
results of this review (except, if the rate
14. Currency Conversion support of transatlantic commerce. On
is de minimis, then cash deposit rate 15. Recommendation
will be zero); (2) for previously July 12, 2016, the Commission deemed
examined PRC and non-PRC exporters Appendix 2 the EU–U.S. Privacy Shield Framework
not listed above that at the time of entry 1. Aironware (Shanghai) Co., Ltd.
(Privacy Shield) adequate to enable data
are eligible for a separate rate based on 2. Certified Products Taiwan Inc. transfers under EU law, and on August
a prior completed segment of this 3. Chiieh Yung Metal Ind. Corp. 1, 2016, the DOC began accepting self-
proceeding, the cash deposit rate will 4. Faithful Engineering Products Co., Ltd. certifications from U.S. companies to
continue to be the existing exporter- 5. Huanghua Xionghua Hardware Products join the program (81 FR 47752; July 22,
specific cash deposit rate; (3) for all PRC Co., Ltd. 2016). For more information on the
exporters of subject merchandise that [FR Doc. 2017–18977 Filed 9–6–17; 8:45 am] Privacy Shield, visit
have not been found to be entitled to a BILLING CODE 3510–DS–P
www.privacyshield.gov.
separate rate at the time of entry, the As described in Annex I of the
cash deposit rate will be that for the Privacy Shield, the DOC and the
PRC-wide entity (i.e., 118.04 percent); DEPARTMENT OF COMMERCE Commission have committed to
and (4) for all non-PRC exporters of implement an arbitration mechanism to
subject merchandise which at the time International Trade Administration provide European individuals with the
of entry are not eligible for a separate ability to invoke binding arbitration to
rate, the cash deposit rate will be the Proposed Information Collection; determine, for residual claims, whether
rate applicable to the PRC exporter that Comment Request; EU–U.S. Privacy an organization has violated its
supplied that non-PRC exporter. These Shield; Invitation for Applications for obligations under the Privacy Shield.
deposit requirements, when imposed, Inclusion on the List of Arbitrators Organizations voluntarily self-certify to
shall remain in effect until further the Privacy Shield and, upon
AGENCY: International Trade
notice. certification, the commitments the
Administration.
organization has made to comply with
Notification to Importers ACTION: Notice.
the Privacy Shield become legally
This notice also serves as a SUMMARY: The Department of enforceable under U.S. law.
preliminary reminder to importers of Commerce, as part of its continuing Organizations that self-certify to the
their responsibility under 19 CFR effort to reduce paperwork and Privacy Shield commit to binding
351.402(f)(2) to file a certificate respondent burden, invites the general arbitration of residual claims if the
regarding the reimbursement of public and other Federal agencies to individual chooses to exercise that
antidumping duties prior to liquidation take this opportunity to comment on option. Under the arbitration option, a
of the relevant entries during the POR. proposed and/or continuing information Privacy Shield Panel (consisting of one
Failure to comply with this requirement collections, as required by the or three arbitrators, as agreed by the
could result in the Department’s Paperwork Reduction Act of 1995. parties) has the authority to impose
presumption that reimbursement of individual-specific, non-monetary
DATES: Written comments must be
antidumping duties occurred and the equitable relief (such as access,
submitted on or before November 6,
subsequent assessment of double correction, deletion, or return of the
2017.
antidumping duties. individual’s data in question) necessary
ADDRESSES: Direct all written comments to remedy the violation of the Privacy
Notification to Interested Parties to Jennifer Jessup, Departmental Shield only with respect to the
This preliminary determination is Paperwork Clearance Officer, individual. The parties will select the
issued and published in accordance Department of Commerce, Room 6616, arbitrators from the list of arbitrators
with sections 751(a)(1) and 777(i)(1) of 14th and Constitution Avenue NW., described below.
the Act. Washington, DC 20230 (or via the The DOC and the European
Internet at PRAcomments@doc.gov. Commission seek to develop a list of at
Dated: August 31, 2017.
FOR FURTHER INFORMATION CONTACT: least 20 arbitrators. To be eligible for
Gary Taverman,
Requests for additional information or inclusion on the list, applicants must be
Deputy Assistant Secretary for Antidumping
copies of the information collection admitted to practice law in the United
and Countervailing Duty Operations,
performing the non-exclusive functions and instrument and instructions should be States and have expertise in both U.S.
directed to Nasreen Djouini at the U.S. privacy law and EU data protection law.
mstockstill on DSK30JT082PROD with NOTICES
duties of the Assistant Secretary for
Enforcement and Compliance. Department of Commerce, either by Applicants shall not be subject to any
email at Nasreen.Djouini@trade.gov, or instructions from, or be affiliated with,
Appendix 1 by fax at: 202–482–5522. More any Privacy Shield organization, or the
List of Topics Discussed in the Preliminary information on the arbitration U.S., EU, or any EU Member State or
Decision Memorandum mechanism may be found at https:// any other governmental authority,
1. Summary www.privacyshield.gov/ public authority or enforcement
2. Background article?id=ANNEX-I-introduction. authority.
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Document Created: 2017-09-07 02:01:25
Document Modified: 2017-09-07 02:01:25
| 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 | Applicable September 7, 2017. | |
| Contact | Matthew Renkey or Courtney Canales, 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) 482-2312 or (202) 482-4997, respectively. | |
| FR Citation | 82 FR 42291 |
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