82 FR 55090 - Certain Steel Nails From Taiwan: Notice of Court Decision Not in Harmony With Final Determination in Less Than Fair Value Investigation and Notice of Amended Final Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 222 (November 20, 2017)
International Trade Administration
Federal Register Volume 82, Issue 222 (November 20, 2017)
| Page Range | 55090-55091 | |
| FR Document | 2017-25086 |
[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)] [Notices] [Pages 55090-55091] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25086] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-854] Certain Steel Nails From Taiwan: Notice of Court Decision Not in Harmony With Final Determination in Less Than Fair Value Investigation and Notice of Amended Final Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 4, 2017, the United States Court of International Trade (CIT) issued final judgment in Mid Continent Steel & Wire, Inc. v. United States, et al., consolidated Court No. 15-00213, sustaining the Department of Commerce's (the Department's) final results of redetermination pursuant to remand. The Department is notifying the public that the final judgment in this case is not in harmony with the Department's final determination in the less than fair value investigation of certain steel nails from Taiwan, and is amending the final determination with respect to the weighted-average dumping margins assigned to mandatory respondent PT Enterprise Inc. and all other producers and exporters. Applicable: October 14, 2017. FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Victoria Cho, 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) 482-4947 or (202) 482-5075, respectively. SUPPLEMENTARY INFORMATION: Background On May 20, 2015, the Department published its affirmative final determination of sales at less than fair value, in which it determined a weighted-average dumping margin of 2.24 percent for exporter PT Enterprise Inc. and its affiliated producer, Pro-Team Coil Nail Enterprise Inc. (Pro-Team) (collectively, PT).\1\ The antidumping duty order was published on July 13, 2015.\2\ Mid Continent Steel & Wire, Inc. (the petitioner); PT; and Unicatch Industrial Co., Ltd., WTA International Co., Ltd., Zon Mon Co., Ltd., Hor Liang Industrial Corporation, President Industrial Inc., and Liang Chyuan Industrial Co., Ltd. (collectively, Taiwan Plaintiffs) appealed certain aspects of the Final Determination to the CIT. On March 23, 2017, the CIT sustained in part, and remanded in part, the Department's Final Determination.\3\ In particular, the CIT remanded for further explanation or redetermination the issue of PT's general and administrative (G&A) expense ratio calculation. --------------------------------------------------------------------------- \1\ See Certain Steel Nails from Taiwan: Final Determination of Sales at Less Than Fair Value, 80 FR 28959, 28961 (May 20, 2015) (Final Determination) and accompanying Issues and Decision Memorandum (IDM). \2\ 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) (Order). \3\ Mid Continent Steel & Wire, Inc. et al. v. United States, 219 F. Supp. 3d 1326 (CIT March 23, 2017). --------------------------------------------------------------------------- On June 21, 2017, the Department issued its final results of redetermination pursuant to remand.\4\ The Department provided additional explanation and made certain revisions with respect to PT's G&A expense ratio calculation.\5\ Specifically, the Department explained that it calculates the G&A expense ratio based on the company-wide G&A expenses of the company (i.e., the operating expenses, per the audited financial statements, which are those costs that do not relate directly to the manufacture of products during the period of investigation or review, but, instead, relate to the general operations of the company during this period) allocated over the company's company-wide cost of sales, or cost of goods sold (COGS) (i.e., the operating costs, per the audited financial statements, which directly relate to the manufacture of specific products). With respect to the specific costs and expenses at issue, the Department further explained that it allocated the costs and expenses by looking at how Pro-Team allocated such costs in its audited financial statements. Concerning a subsidy received by Pro-Team to support its steam production products business, the Department reconsidered its prior determination and included the subsidy as part of Pro-Team's G&A expenses, as opposed to its COGS. The Department explained that it revised its treatment of the subsidy because, as supported by Pro-Team's own books and records, the subsidy related to general, not operating expenses. As a result of these changes, the Department determined a weighted-average dumping margin of 2.16 percent for PT, which also resulted in a revised rate of 2.16 percent for all other producers and exporters.\6\ --------------------------------------------------------------------------- \4\ See Final Results of Redetermination Pursuant to Court Remand, Certain Steel Nails from Taiwan, Mid Continent Steel & Wire, Inc. v. United States, et al., Court No. 15-00213, Slip Op. 17-31 (CIT March 23, 2017), dated June 21, 2017 (Remand Results), available at http://enforcement.trade.gov/remands/index.html. \5\ See generally Remand Results. \6\ See Remand Results at 23-24. --------------------------------------------------------------------------- On October 4, 2017, the CIT entered judgment sustaining the Department's Remand Results.\7\ --------------------------------------------------------------------------- \7\ See Mid Continent Steel & Wire, Inc. v. United States, et al., Court No. 15-00213, Slip Op. 17-135 (CIT October 4, 2017). --------------------------------------------------------------------------- Timken Notice In its decision in Timken Co. v. United States,\8\ as clarified by Diamond Sawblades Mfrs. Coalition v. United States,\9\ the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision not ``in harmony'' with a Department determination, and must suspend liquidation of entries pending a ``conclusive'' court decision. The CIT's October 4, 2017 judgment sustaining the Remand Results constitutes a final [[Page 55091]] decision of the Court that is not in harmony with the Department's Final Determination. This notice is published in fulfillment of the publication requirement of Timken. --------------------------------------------------------------------------- \8\ Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). \9\ Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010). --------------------------------------------------------------------------- Amended Final Results Because there is now a final court decision, the Department amends the Final Determination with respect to the margin assigned to PT and for all other producers and exporters.\10\ --------------------------------------------------------------------------- \10\ See Final Determination, 80 FR at 28961; see also Remand Results at 23-24. Note that entries of merchandise produced by Ko Nails, Inc. and exported by Quick Advance Inc. are excluded from the order. See Order at 39997. ------------------------------------------------------------------------ Weighted- average Producer/exporter \11\ dumping margin (%) ------------------------------------------------------------------------ Producer: Pro-Team Coil Nail Enterprise, Inc................ 2.16 Exporter: Pro-Team Coil Nail Enterprise, Inc. or PT .......... Enterprise Inc.\12\........................................ All-Others.................................................. 2.16 ------------------------------------------------------------------------ Cash Deposit Requirements Since the Final Determination, the Department has not established a new cash deposit rate for PT or all other producers and exporters. As a result, in accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection to collect cash deposits at the rates for entries of subject merchandise in accordance with the rates for exporters and producers listed above in this notice, effective October 14, 2017. --------------------------------------------------------------------------- \11\ In the Final Determination and the Order, the Department only listed PT Enterprise Inc., an exporter, and did not include its affiliated producer, Pro-Team Coil Nail Enterprise, Inc., in the chart reflecting final weighted-average dumping margins. For clarity and for purposes of issuing our cash deposit instructions to CBP, we now include reference to Pro-Team Coil Nail Enterprise, Inc. in this amended final determination. \12\ We incorrectly referred to PT Enterprise Inc. as PT Enterprises in the Final Determination and the Order. See Final Determination, at 28961; see also Order, at 39996. --------------------------------------------------------------------------- Notification to Interested Parties This notice is issued and published in accordance with sections 516(A)(e), 735(c)(1)(B), and 777(i)(1) of the Act. Dated: November 13, 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. [FR Doc. 2017-25086 Filed 11-17-17; 8:45 am] BILLING CODE 3510-DS-P
![55090 Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices
Remedies and complaint filing final determination in the less than fair explanation and made certain revisions
deadlines vary by program or incident. value investigation of certain steel nails with respect to PT’s G&A expense ratio
Persons with disabilities who require from Taiwan, and is amending the final calculation.5 Specifically, the
alternative means of communication for determination with respect to the Department explained that it calculates
program information (e.g., Braille, large weighted-average dumping margins the G&A expense ratio based on the
print, audiotape, American Sign assigned to mandatory respondent PT company-wide G&A expenses of the
Language, etc.) should contact the Enterprise Inc. and all other producers company (i.e., the operating expenses,
responsible Agency or USDA’s TARGET and exporters. per the audited financial statements,
Center at (202) 720–2600 (voice and Applicable: October 14, 2017. which are those costs that do not relate
TTY) or contact USDA through the FOR FURTHER INFORMATION CONTACT: directly to the manufacture of products
Federal Relay Service at (800) 877–8339. Scott Hoefke or Victoria Cho, AD/CVD during the period of investigation or
Additionally, program information may Operations, Office VI, Enforcement and review, but, instead, relate to the general
be made available in languages other Compliance, International Trade operations of the company during this
than English. To file a program Administration, U.S. Department of period) allocated over the company’s
discrimination complaint, complete the Commerce, 1401 Constitution Avenue company-wide cost of sales, or cost of
USDA Program Discrimination NW., Washington, DC 20230; telephone: goods sold (COGS) (i.e., the operating
Complaint Form, AD–3027, found (202) 482–4947 or (202) 482–5075, costs, per the audited financial
online at http://www.ascr.usda.gov/ respectively. statements, which directly relate to the
complaint_filing_cust.html and at any SUPPLEMENTARY INFORMATION:
manufacture of specific products). With
USDA office or write a letter addressed respect to the specific costs and
to USDA and provide in the letter all of Background expenses at issue, the Department
the information requested in the form. On May 20, 2015, the Department further explained that it allocated the
To request a copy of the complaint published its affirmative final costs and expenses by looking at how
form, call (866) 632–9992. Submit your determination of sales at less than fair Pro-Team allocated such costs in its
completed form or letter to USDA by: value, in which it determined a audited financial statements.
a. Mail: U.S. Department of weighted-average dumping margin of Concerning a subsidy received by Pro-
Agriculture, Office of the Assistant 2.24 percent for exporter PT Enterprise Team to support its steam production
Secretary for Civil Rights, 1400 Inc. and its affiliated producer, Pro- products business, the Department
Independence Avenue SW, Washington, Team Coil Nail Enterprise Inc. (Pro- reconsidered its prior determination and
DC 20250–9410; Team) (collectively, PT).1 The included the subsidy as part of Pro-
b. Facsimile: (202) 690–7442; or antidumping duty order was published Team’s G&A expenses, as opposed to its
c. Email: program.intake@usda.gov. on July 13, 2015.2 Mid Continent Steel COGS. The Department explained that it
d. USDA is an equal opportunity & Wire, Inc. (the petitioner); PT; and revised its treatment of the subsidy
provider, employer, and lender. Unicatch Industrial Co., Ltd., WTA because, as supported by Pro-Team’s
Dated: September 26, 2017. International Co., Ltd., Zon Mon Co., own books and records, the subsidy
Ltd., Hor Liang Industrial Corporation, related to general, not operating
Christopher McLean,
President Industrial Inc., and Liang expenses. As a result of these changes,
Acting Administrator, Rural Utilities Service.
Chyuan Industrial Co., Ltd. the Department determined a weighted-
[FR Doc. 2017–25089 Filed 11–17–17; 8:45 am] average dumping margin of 2.16 percent
(collectively, Taiwan Plaintiffs)
BILLING CODE P
appealed certain aspects of the Final for PT, which also resulted in a revised
Determination to the CIT. On March 23, rate of 2.16 percent for all other
2017, the CIT sustained in part, and producers and exporters.6
DEPARTMENT OF COMMERCE remanded in part, the Department’s On October 4, 2017, the CIT entered
Final Determination.3 In particular, the judgment sustaining the Department’s
International Trade Administration CIT remanded for further explanation or Remand Results.7
[A–583–854] redetermination the issue of PT’s Timken Notice
general and administrative (G&A)
Certain Steel Nails From Taiwan: expense ratio calculation. In its decision in Timken Co. v.
Notice of Court Decision Not in On June 21, 2017, the Department United States,8 as clarified by Diamond
Harmony With Final Determination in issued its final results of Sawblades Mfrs. Coalition v. United
Less Than Fair Value Investigation and redetermination pursuant to remand.4 States,9 the Federal Circuit held that,
Notice of Amended Final The Department provided additional pursuant to section 516A(e) of the Tariff
Determination Act of 1930, as amended (the Act), the
1 See Certain Steel Nails from Taiwan: Final Department must publish a notice of a
AGENCY: Enforcement and Compliance, Determination of Sales at Less Than Fair Value, 80 court decision not ‘‘in harmony’’ with a
International Trade Administration, FR 28959, 28961 (May 20, 2015) (Final Department determination, and must
Department of Commerce. Determination) and accompanying Issues and
Decision Memorandum (IDM). suspend liquidation of entries pending
SUMMARY: On October 4, 2017, the 2 See Certain Steel Nails from the Republic of a ‘‘conclusive’’ court decision. The CIT’s
United States Court of International Korea, Malaysia, the Sultanate of Oman, Taiwan, October 4, 2017 judgment sustaining the
Trade (CIT) issued final judgment in and the Socialist Republic of Vietnam: Remand Results constitutes a final
Mid Continent Steel & Wire, Inc. v. Antidumping Duty Orders, 80 FR 39994 (July 13,
2015) (Order).
United States, et al., consolidated Court
nshattuck on DSK9F9SC42PROD with NOTICES
5 See generally Remand Results.
3 Mid Continent Steel & Wire, Inc. et al. v. United
No. 15–00213, sustaining the States, 219 F. Supp. 3d 1326 (CIT March 23, 2017).
6 See Remand Results at 23–24.
Department of Commerce’s (the 4 See Final Results of Redetermination Pursuant 7 See Mid Continent Steel & Wire, Inc. v. United
Department’s) final results of to Court Remand, Certain Steel Nails from Taiwan, States, et al., Court No. 15–00213, Slip Op. 17–135
Mid Continent Steel & Wire, Inc. v. United States, (CIT October 4, 2017).
redetermination pursuant to remand. 8 Timken Co. v. United States, 893 F.2d 337 (Fed.
et al., Court No. 15–00213, Slip Op. 17–31 (CIT
The Department is notifying the public March 23, 2017), dated June 21, 2017 (Remand Cir. 1990) (Timken).
that the final judgment in this case is Results), available at http://enforcement.trade.gov/ 9 Diamond Sawblades Mfrs. Coalition v. United
not in harmony with the Department’s remands/index.html. States, 626 F.3d 1374 (Fed. Cir. 2010).
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![Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices 55091
decision of the Court that is not in DEPARTMENT OF COMMERCE state the reasons for the request. The
harmony with the Department’s Final Department will grant the request unless
Determination. This notice is published International Trade Administration it finds compelling reasons to deny the
in fulfillment of the publication [A–580–895, A–583–861] request. See 19 CFR 351.205(e).
requirement of Timken. On November 7, 2017, the petitioner
Low Melt Polyester Staple Fiber From submitted a timely request that the
Amended Final Results Department postpone the preliminary
the Republic of Korea and Taiwan:
Because there is now a final court Postponement of Preliminary determinations in these LTFV
decision, the Department amends the Determinations in the Less-Than-Fair- investigations.3 The petitioner stated
Final Determination with respect to the Value Investigations that it requests postponement because
margin assigned to PT and for all other the Department is still gathering data
producers and exporters.10 AGENCY: Enforcement and Compliance, and questionnaire responses, and
International Trade Administration, additional time is necessary for the
Weighted- Department of Commerce. Department and interested parties to
average DATES: Effective November 20, 2017. review and analyze all questionnaire
Producer/exporter 11 dumping responses, as well as for interested
margin FOR FURTHER INFORMATION CONTACT:
(%) Alice Maldonado at (202) 482–4682 parties to comment on these responses.4
For the reasons stated above and
(Republic of Korea (Korea)) or Rebecca
Producer: Pro-Team Coil Nail because there are no compelling reasons
M. Janz at (202) 482–4682 (Taiwan),
Enterprise, Inc ......................... 2.16 AD/CVD Operations, Enforcement and to deny the request, the Department, in
Exporter: Pro-Team Coil Nail En- accordance with section 733(c)(1)(A) of
terprise, Inc. or PT Enterprise
Compliance, International Trade
the Act, is postponing the deadline for
Inc.12 ....................................... .................. Administration, U.S. Department of the preliminary determinations by 50
All-Others .................................... 2.16 Commerce, 14th Street and Constitution days (i.e., 190 days after the date on
Avenue NW., Washington, DC 20230.
which these investigations were
Cash Deposit Requirements SUPPLEMENTARY INFORMATION: initiated). As a result, the Department
Since the Final Determination, the Background will issue its preliminary
Department has not established a new determinations no later than January 23,
On July 17, 2017, the Department of 2018. In accordance with section
cash deposit rate for PT or all other Commerce (the Department) initiated
producers and exporters. As a result, in 735(a)(1) of the Act and 19 CFR
less-than-fair-value (LTFV) 351.210(b)(1), the deadline for the final
accordance with section 735(c)(1)(B) of investigations of imports of low melt
the Act, the Department will instruct determinations of these investigations
polyester staple fiber (low melt PSF) will continue to be 75 days after the
U.S. Customs and Border Protection to from Korea and Taiwan.1 Currently, the
collect cash deposits at the rates for date of the preliminary determinations,
preliminary determinations are due no unless postponed at a later date.
entries of subject merchandise in later than December 4, 2017.
accordance with the rates for exporters This notice is issued and published
and producers listed above in this Postponement of Preliminary pursuant to section 733(c)(2) of the Act
notice, effective October 14, 2017. Determinations and 19 CFR 351.205(f)(1).
Section 733(b)(1)(A) of the Tariff Act Dated: November 14, 2017.
Notification to Interested Parties
of 1930, as amended (the Act), requires Gary Taverman,
This notice is issued and published in the Department to issue the preliminary Deputy Assistant Secretary for Antidumping
accordance with sections 516(A)(e), determination in an LTFV investigation and Countervailing Duty Operations,
735(c)(1)(B), and 777(i)(1) of the Act. within 140 days after the date on which performing the non-exclusive functions and
duties of the Assistant Secretary for
Dated: November 13, 2017. the Department initiated the
Enforcement and Compliance.
Gary Taverman, investigation. However, section
[FR Doc. 2017–25084 Filed 11–17–17; 8:45 am]
Deputy Assistant Secretary for Antidumping 733(c)(1) of the Act permits the
BILLING CODE 3510–DS–P
and Countervailing Duty Operations, Department to postpone the preliminary
performing the non-exclusive functions and determination until no later than 190
duties of the Assistant Secretary for days after the date on which the
Enforcement and Compliance.
DEPARTMENT OF COMMERCE
Department initiated the investigation
[FR Doc. 2017–25086 Filed 11–17–17; 8:45 am] if: (A) the petitioner 2 makes a timely International Trade Administration
BILLING CODE 3510–DS–P request for a postponement; or (B) the
Department concludes that the parties [A–570–964]
10 See Final Determination, 80 FR at 28961; see concerned are cooperating, that the
Seamless Refined Copper Pipe and
also Remand Results at 23–24. Note that entries of investigation is extraordinarily
merchandise produced by Ko Nails, Inc. and
Tube From the People’s Republic of
complicated, and that additional time is
exported by Quick Advance Inc. are excluded from China: Final Results of Antidumping
necessary to make a preliminary
the order. See Order at 39997. Duty Administrative Review; 2015–
11 In the Final Determination and the Order, the determination. Under 19 CFR
2016
Department only listed PT Enterprise Inc., an 351.205(e), the petitioner must submit a
exporter, and did not include its affiliated producer, request for postponement 25 days or AGENCY: Enforcement and Compliance,
Pro-Team Coil Nail Enterprise, Inc., in the chart more before the scheduled date of the International Trade Administration,
nshattuck on DSK9F9SC42PROD with NOTICES
reflecting final weighted-average dumping margins.
For clarity and for purposes of issuing our cash preliminary determination and must Department of Commerce.
deposit instructions to CBP, we now include
reference to Pro-Team Coil Nail Enterprise, Inc. in 1 See Low Melt Polyester Staple Fiber from the 3 See the Petitioner’s Letter re: Low Melt Polyester
this amended final determination. Republic of Korea and Taiwan: Initiation of Less- Staple Fiber from the Republic of Korea and
12 We incorrectly referred to PT Enterprise Inc. as Than-Fair-Value Investigations, 82 FR 34277 (July Taiwan—Petitioners’ Request to Postpone the
PT Enterprises in the Final Determination and the 24, 2017). Antidumping Duty Preliminary Determinations,
Order. See Final Determination, at 28961; see also 2 The petitioner is Nan Ya Plastics Corporation, dated November 7, 2017.
Order, at 39996. America. 4 Id.
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Document Created: 2018-10-25 10:42:38
Document Modified: 2018-10-25 10:42:38
| 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 | |
| Contact | Scott Hoefke or Victoria Cho, 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) 482-4947 or (202) 482-5075, respectively. | |
| FR Citation | 82 FR 55090 |
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