82 FR 45266 - Certain Steel Nails From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review; 2014-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 187 (September 28, 2017)
International Trade Administration
Federal Register Volume 82, Issue 187 (September 28, 2017)
| Page Range | 45266-45267 | |
| FR Document | 2017-20800 |
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)] [Notices] [Pages 45266-45267] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20800] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-552-818] Certain Steel Nails From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review; 2014-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On June 6, 2017, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain steel nails from the Socialist Republic of Vietnam. The review covers Truong Vinh Ltd. (Truong Vinh), Rich State, Inc. (Rich State), and Dicha Sombrilla Co., Ltd. (Dicha Sombrilla). The period of review (POR) is December 29, 2014, through June 30, 2016. We invited interested parties to comment on our preliminary results. No parties commented, and our final results remain unchanged from our preliminary results. The final results are listed in the section entitled ``Final Results of Review,'' below. DATES: Effective September 28, 2017. FOR FURTHER INFORMATION CONTACT: Mark Flessner or Chelsey Simonovich, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-1979, respectively. SUPPLEMENTARY INFORMATION: Background On June 6, 2017, the Department published the preliminary results of this review in the Federal Register.\1\ We invited parties to comment on the Preliminary Results. No parties submitted case or rebuttal briefs. --------------------------------------------------------------------------- \1\ See Certain Steel Nails from the Socialist Republic of Vietnam: Preliminary Results and Partial Recission of the Antidumping Duty Administrative Review; 2014-2016, 82 FR 26050 (June 6, 2017) (Preliminary Results). --------------------------------------------------------------------------- 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 include, but are not limited to, nails made from round wire and nails that are cut from flat-rolled steel. Certain steel nails may be of one piece construction or constructed of two or more pieces. Certain steel nails may be produced from any type of steel, and may have any type of surface finish, head type, shank, point type and shaft diameter. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, including but not limited to electroplating or hot dipping one or more times), phosphate, cement, and paint. Certain steel nails may have one or more surface finishes. Head styles include, but are not limited to, flat, projection, cupped, oval, brad, headless, double, countersunk, and sinker. Shank styles include, but are not limited to, smooth, barbed, screw threaded, ring shank and fluted. Screw-threaded nails subject to this proceeding are driven using direct force and not by turning the nail using a tool that engages with the head. Point styles include, but are not limited to, diamond, needle, chisel and blunt or no point. Certain steel nails may be sold in bulk, or they may be collated in any manner using any material. Excluded from the scope of this order are certain steel nails packaged in combination with one or more non-subject articles, if the total number of nails of all types, in aggregate regardless of size, is less than 25. If packaged in combination with one or more non-subject articles, certain steel nails remain subject merchandise if the total number of nails of all types, in aggregate regardless of size, is equal to or greater than 25, unless otherwise excluded based on the other exclusions below. Also excluded from the scope are certain steel nails with a nominal shaft length of one inch or less that are (a) a component of an unassembled article, (b) the total number of nails is sixty (60) or less, and (c) the imported unassembled article falls into one of the following eight groupings: (1) Builders' joinery and carpentry of wood that are classifiable as windows, French-windows and their frames; (2) builders' joinery and carpentry of wood that are classifiable as doors and their frames and thresholds; (3) swivel seats with variable height adjustment; (4) seats that are convertible into beds (with the exception of those classifiable as garden seats or camping equipment); (5) seats of cane, osier, bamboo or similar materials; (6) other seats with wooden frames (with the exception of seats of a kind used for aircraft or motor vehicles); (7) furniture (other than seats) of wood (with the exception of (i) medical, surgical, dental or veterinary furniture; and (ii) barbers' chairs and similar chairs, having rotating as well as both reclining and elevating movements); or (8) furniture (other than seats) of materials other than wood, metal, or plastics (e.g., furniture of cane, osier, bamboo or similar materials). The aforementioned imported unassembled articles are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or 9403.89. Also excluded from the scope of this order are steel nails that meet the specifications of Type I, Style 20 nails as identified in Tables 29 through 33 of ASTM Standard F1667 (2013 revision). Also excluded from the scope of this order are nails suitable for use in powder-actuated hand tools, whether or not threaded, which are currently classified under HTSUS subheadings 7317.00.20.00 and 7317.00.30.00. Also excluded from the scope of this order are nails having a case hardness greater than or equal to 50 on the Rockwell Hardness C scale (HRC), a carbon content greater than or equal to 0.5 percent, a round head, a secondary reduced-diameter raised head section, a centered shank, and a smooth [[Page 45267]] symmetrical point, suitable for use in gas-actuated hand tools. Also excluded from the scope of this order are corrugated nails. A corrugated nail is made up of a small strip of corrugated steel with sharp points on one side. Also excluded from the scope of this order are thumb tacks, which are currently classified under HTSUS subheading 7317.00.10.00. 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 these orders also may be classified under HTSUS subheadings 7907.00.60.00, 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. Final Results of Review The Department received no comments concerning the Preliminary Results. Accordingly, the Department continues to determine that the following weighted-average dumping margins exist for these final results: ------------------------------------------------------------------------ Weighted- average Company dumping margin (percent) ------------------------------------------------------------------------ Dicha Sombrilla Co., Ltd................................ 323.99 Rich State, Inc......................................... 323.99 Truong Vinh Ltd......................................... 323.99 ------------------------------------------------------------------------ Disclosure Normally, the Department discloses to interested parties the calculations performed for the final results within five days of the publication of this notice, in accordance with 19 CFR 351.224(b). However, because we made no changes to these margins since the Preliminary Results, no disclosure of calculations is necessary for these final results. Assessment Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), the Department has determined, and Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this administrative review in the Federal Register. Consistent with the Department's assessment practice in non-market economy (NME) cases, for entries that were not reported in U.S. sales databases submitted by companies individually examined during the administrative review, the Department will instruct CBP to liquidate such entries at the Vietnam-wide rate. Additionally, if the Department determines that an exporter under review had no shipments of subject merchandise, any suspended entries that entered under the exporter's case number (i.e., at that exporter's rate) will be liquidated at the Vietnam-wide rate.\2\ --------------------------------------------------------------------------- \2\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from Vietnam entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For Truong Vinh, Rich State, and Dicha Sombrilla, the cash deposit rate will be equal to the weighted-average dumping margin listed above; (2) for previously investigated or reviewed Vietnamese and non-Vietnamese 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 exporter- specific rate published for the most-recently completed segment of this proceeding in which the exporter was reviewed; (3) for all Vietnamese exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be that established for the Vietnam-wide entity, which is 323.99 percent; \3\ and (4) for all non-Vietnamese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Vietnamese exporter that supplied that non- Vietnamese exporter with the subject merchandise. These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \3\ Certain Steel Nails from the Socialist Republic of Vietnam: Final Determination of Sales at Less Than Fair Value, 80 FR 29622 (May 22, 2015). --------------------------------------------------------------------------- Notification to Importers This notice serves as a final 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 Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Order This notice serves as 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), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: September 22, 2017. Carole Showers, Executive Director, Office of Policy, Performing the Duties of the Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-20800 Filed 9-27-17; 8:45 am] BILLING CODE 3510-DS-P
![45266 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices
Commerce will evaluate all applications decisions as soon as possible after the
and inform applicants of selection application deadline.
CONTACTS
General Business and Applications:The Office of Business Liaison, Tyler Shields, Director, The Office of China and Mongolia, U.S. Depart-
U.S. Department of Commerce, 1401 Constitution Avenue NW., ment of Commerce, 1401 Constitution Avenue NW., Room 38013,
Room 5062, Washington, DC 20230, Phone: +1–202–482–1360, Washington, DC 20230, Phone: +1–202–482–3544, Email:
Fax: 202–482–4054, E-mail: BusinessLiaison@doc.gov. tyler.shields@trade.gov.
Frank Spector, invited parties to comment on the length of one inch or less that are (a) a
Senior Advisor for Trade Missions. Preliminary Results. No parties component of an unassembled article,
[FR Doc. 2017–20758 Filed 9–27–17; 8:45 am] submitted case or rebuttal briefs. (b) the total number of nails is sixty (60)
BILLING CODE 3510–DR–P or less, and (c) the imported
Scope of the Order
unassembled article falls into one of the
The merchandise covered by this following eight groupings: (1) Builders’
DEPARTMENT OF COMMERCE order is certain steel nails having a joinery and carpentry of wood that are
nominal shaft length not exceeding 12 classifiable as windows, French-
International Trade Administration inches. Certain steel nails include, but windows and their frames; (2) builders’
are not limited to, nails made from joinery and carpentry of wood that are
[A–552–818]
round wire and nails that are cut from classifiable as doors and their frames
Certain Steel Nails From the Socialist flat-rolled steel. Certain steel nails may and thresholds; (3) swivel seats with
Republic of Vietnam: Final Results of be of one piece construction or variable height adjustment; (4) seats that
Antidumping Duty Administrative constructed of two or more pieces. are convertible into beds (with the
Review; 2014–2016 Certain steel nails may be produced exception of those classifiable as garden
from any type of steel, and may have seats or camping equipment); (5) seats of
AGENCY: Enforcement and Compliance, any type of surface finish, head type, cane, osier, bamboo or similar materials;
International Trade Administration, shank, point type and shaft diameter. (6) other seats with wooden frames
Department of Commerce. Finishes include, but are not limited to, (with the exception of seats of a kind
SUMMARY: On June 6, 2017, the coating in vinyl, zinc (galvanized, used for aircraft or motor vehicles); (7)
Department of Commerce (the including but not limited to furniture (other than seats) of wood
Department) published the preliminary electroplating or hot dipping one or (with the exception of (i) medical,
results of the administrative review of more times), phosphate, cement, and surgical, dental or veterinary furniture;
the antidumping duty order on certain paint. Certain steel nails may have one and (ii) barbers’ chairs and similar
steel nails from the Socialist Republic of or more surface finishes. Head styles chairs, having rotating as well as both
Vietnam. The review covers Truong include, but are not limited to, flat, reclining and elevating movements); or
Vinh Ltd. (Truong Vinh), Rich State, projection, cupped, oval, brad, headless, (8) furniture (other than seats) of
Inc. (Rich State), and Dicha Sombrilla double, countersunk, and sinker. Shank materials other than wood, metal, or
Co., Ltd. (Dicha Sombrilla). The period styles include, but are not limited to, plastics (e.g., furniture of cane, osier,
of review (POR) is December 29, 2014, smooth, barbed, screw threaded, ring bamboo or similar materials). The
through June 30, 2016. We invited shank and fluted. Screw-threaded nails aforementioned imported unassembled
interested parties to comment on our subject to this proceeding are driven articles are currently classified under
preliminary results. No parties using direct force and not by turning the the following Harmonized Tariff
commented, and our final results nail using a tool that engages with the Schedule of the United States (HTSUS)
remain unchanged from our preliminary head. Point styles include, but are not subheadings: 4418.10, 4418.20, 9401.30,
results. The final results are listed in the limited to, diamond, needle, chisel and 9401.40, 9401.51, 9401.59, 9401.61,
section entitled ‘‘Final Results of blunt or no point. Certain steel nails 9401.69, 9403.30, 9403.40, 9403.50,
Review,’’ below. may be sold in bulk, or they may be 9403.60, 9403.81 or 9403.89.
DATES: Effective September 28, 2017. collated in any manner using any Also excluded from the scope of this
FOR FURTHER INFORMATION CONTACT: material. order are steel nails that meet the
Mark Flessner or Chelsey Simonovich, Excluded from the scope of this order specifications of Type I, Style 20 nails
AD/CVD Operations, Office VI, are certain steel nails packaged in as identified in Tables 29 through 33 of
Enforcement and Compliance, combination with one or more non- ASTM Standard F1667 (2013 revision).
International Trade Administration, subject articles, if the total number of
Also excluded from the scope of this
Department of Commerce, 1401 nails of all types, in aggregate regardless
order are nails suitable for use in
Constitution Avenue NW., Washington, of size, is less than 25. If packaged in
powder-actuated hand tools, whether or
DC 20230; telephone: (202) 482–6312 or combination with one or more non-
not threaded, which are currently
(202) 482–1979, respectively. subject articles, certain steel nails
classified under HTSUS subheadings
SUPPLEMENTARY INFORMATION: remain subject merchandise if the total
7317.00.20.00 and 7317.00.30.00.
number of nails of all types, in aggregate
Background regardless of size, is equal to or greater Also excluded from the scope of this
than 25, unless otherwise excluded order are nails having a case hardness
On June 6, 2017, the Department
based on the other exclusions below. greater than or equal to 50 on the
published the preliminary results of this
Also excluded from the scope are Rockwell Hardness C scale (HRC), a
review in the Federal Register.1 We
certain steel nails with a nominal shaft carbon content greater than or equal to
1 See Certain Steel Nails from the Socialist 0.5 percent, a round head, a secondary
Republic of Vietnam: Preliminary Results and Administrative Review; 2014–2016, 82 FR 26050 reduced-diameter raised head section, a
Partial Recission of the Antidumping Duty (June 6, 2017) (Preliminary Results). centered shank, and a smooth
VerDate Sep<11>2014 18:44 Sep 27, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1](https://thefederalregister.org/doc/82_FR_45453/page/1.svg)
![Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices 45267
symmetrical point, suitable for use in merchandise in accordance with the Notification to Importers
gas-actuated hand tools. final results of this review. The This notice serves as a final reminder
Also excluded from the scope of this Department intends to issue assessment to importers of their responsibility
order are corrugated nails. A corrugated instructions to CBP 15 days after the under 19 CFR 351.402(f)(2) to file a
nail is made up of a small strip of date of publication of the final results of certificate regarding the reimbursement
corrugated steel with sharp points on this administrative review in the of antidumping duties prior to
one side. Federal Register. liquidation of the relevant entries
Also excluded from the scope of this
Consistent with the Department’s during this review period. Failure to
order are thumb tacks, which are
assessment practice in non-market comply with this requirement could
currently classified under HTSUS
economy (NME) cases, for entries that result in the Secretary’s presumption
subheading 7317.00.10.00.
Certain steel nails subject to this order were not reported in U.S. sales that reimbursement of antidumping
are currently classified under HTSUS databases submitted by companies duties occurred and the subsequent
subheadings 7317.00.55.02, individually examined during the assessment of double antidumping
7317.00.55.03, 7317.00.55.05, administrative review, the Department duties.
7317.00.55.07, 7317.00.55.08, will instruct CBP to liquidate such Notification Regarding Administrative
7317.00.55.11, 7317.00.55.18, entries at the Vietnam-wide rate. Protective Order
7317.00.55.19, 7317.00.55.20, Additionally, if the Department
determines that an exporter under This notice serves as the only
7317.00.55.30, 7317.00.55.40, reminder to parties subject to
7317.00.55.50, 7317.00.55.60, review had no shipments of subject
merchandise, any suspended entries administrative protective order (APO) of
7317.00.55.70, 7317.00.55.80, their responsibility concerning the
7317.00.55.90, 7317.00.65.30, that entered under the exporter’s case
number (i.e., at that exporter’s rate) will disposition of proprietary information
7317.00.65.60 and 7317.00.75.00. disclosed under APO in accordance
Certain steel nails subject to these be liquidated at the Vietnam-wide rate.2
with 19 CFR 351.305(a)(3), which
orders also may be classified under Cash Deposit Requirements continues to govern business
HTSUS subheadings 7907.00.60.00, proprietary information in this segment
8206.00.00.00 or other HTSUS The following cash deposit of the proceeding. Timely written
subheadings. requirements will be effective upon notification of the return or destruction
While the HTSUS subheadings are publication of the final results of this of APO materials or conversion to
provided for convenience and customs administrative review for all shipments judicial protective order is hereby
purposes, the written description of the of the subject merchandise from requested. Failure to comply with the
scope of this order is dispositive. Vietnam entered, or withdrawn from regulations and the terms of an APO is
Final Results of Review warehouse, for consumption on or after a sanctionable violation.
the publication date, as provided for by We are issuing and publishing this
The Department received no
section 751(a)(2)(C) of the Act: (1) For notice in accordance with sections
comments concerning the Preliminary
Truong Vinh, Rich State, and Dicha 751(a)(1) and 777(i)(1) of the Act and 19
Results. Accordingly, the Department
Sombrilla, the cash deposit rate will be CFR 351.213(h).
continues to determine that the
equal to the weighted-average dumping Dated: September 22, 2017.
following weighted-average dumping
margin listed above; (2) for previously
margins exist for these final results: Carole Showers,
investigated or reviewed Vietnamese
Executive Director, Office of Policy,
Weighted- and non-Vietnamese exporters not listed
Performing the Duties of the Deputy Assistant
average above that received a separate rate in a Secretary for Enforcement and Compliance.
Company dumping prior segment of this proceeding, the
margin [FR Doc. 2017–20800 Filed 9–27–17; 8:45 am]
cash deposit rate will continue to be the
(percent) BILLING CODE 3510–DS–P
exporter-specific rate published for the
Dicha Sombrilla Co., Ltd ...... 323.99 most-recently completed segment of this
Rich State, Inc ...................... 323.99 proceeding in which the exporter was
Truong Vinh Ltd .................... 323.99 reviewed; (3) for all Vietnamese CONSUMER PRODUCT SAFETY
exporters of subject merchandise which COMMISSION
Disclosure have not been found to be entitled to a [Docket No. CPSC–2010–0056]
Normally, the Department discloses to separate rate, the cash deposit rate will
be that established for the Vietnam-wide Agency Information Collection
interested parties the calculations
entity, which is 323.99 percent; 3 and (4) Activities; Submission for OMB
performed for the final results within
for all non-Vietnamese exporters of Review; Comment Request—Safety
five days of the publication of this
subject merchandise which have not Standard for Bicycle Helmets
notice, in accordance with 19 CFR
351.224(b). However, because we made received their own rate, the cash deposit AGENCY: Consumer Product Safety
no changes to these margins since the rate will be the rate applicable to the Commission.
Preliminary Results, no disclosure of Vietnamese exporter that supplied that
ACTION: Notice.
calculations is necessary for these final non-Vietnamese exporter with the
results. subject merchandise. These deposit SUMMARY: As required by the Paperwork
requirements, when imposed, shall Reduction Act of 1995, the Consumer
Assessment remain in effect until further notice. Product Safety Commission (CPSC or
Pursuant to section 751(a)(2)(C) of the Commission) announces that the CPSC
Act and 19 CFR 351.212(b), the 2 See Non-Market Economy Antidumping
has submitted to the Office of
Department has determined, and Proceedings: Assessment of Antidumping Duties, 76 Management and Budget (OMB) a
FR 65694 (October 24, 2011).
Customs and Border Protection (CBP) 3 Certain Steel Nails from the Socialist Republic request for extension of approval of a
shall assess, antidumping duties on all of Vietnam: Final Determination of Sales at Less collection of information associated
appropriate entries of subject Than Fair Value, 80 FR 29622 (May 22, 2015). with the CPSC’s Safety Standard for
VerDate Sep<11>2014 18:44 Sep 27, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\28SEN1.SGM 28SEN1](https://thefederalregister.org/doc/82_FR_45453/page/2.svg)
Document Created: 2017-09-28 01:32:45
Document Modified: 2017-09-28 01:32:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective September 28, 2017. | |
| Contact | Mark Flessner or Chelsey Simonovich, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-1979, respectively. | |
| FR Citation | 82 FR 45266 |
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