83 FR 11683 - Certain Steel Nails From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 52 (March 16, 2018)
International Trade Administration
Federal Register Volume 83, Issue 52 (March 16, 2018)
| Page Range | 11683-11685 | |
| FR Document | 2018-05370 |
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)] [Notices] [Pages 11683-11685] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05370] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-909] Certain Steel Nails From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc. (collectively, Stanley), a manufacturer/exporter of certain steel nails from the People's Republic of China (China), sold subject merchandise in the United States at prices below normal value during the period of review (POR), August 1, 2015, through July 31, 2016. We are also not granting a separate rate to Tianjin Lianda Group Co., Ltd. (Tianjin Lianda). DATES: Applicable March 16, 2018. 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 Commerce published the Preliminary Results on September 7, 2017.\1\ From November 29, 2017, through December 1, 2017, Commerce officials verified the questionnaire responses of Stanley in North Kingstown, Rhode Island.\2\ Also, from December 11 through 15, 2017, Commerce officials verified the questionnaire responses of Stanley in Langfang, Hebei Province, China.\3\ On December 20, 2017, Commerce extended the deadline in this proceeding by 60 days.\4\ On January 23, 2018, we tolled the deadline by three days due to the shutdown of the federal government.\5\ The revised deadline for the final results of this review is now March 9, 2018. --------------------------------------------------------------------------- \1\ See 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, 82 FR 42291 (September 7, 2017) (Preliminary Results) and accompanying Preliminary Decision Memorandum. \2\ See Memorandum to the file ``Sales Verification Report for The Stanley Works (Langfang) Fastening Systems Co., Ltd. (Stanley Langfang), and Stanley Black & Decker, Inc. (SBD) (collectively, Stanley) in the Antidumping Duty Administrative Review of Certain Steel Nails from the People's Republic of China (China),'' dated February 6, 2018 (Stanley Sales Verification Report). \3\ See Memorandum to the file ``Sales Verification Report for The Stanley Works (Langfang) Fastening Systems Co., Ltd. (Stanley Langfang), and Stanley Black & Decker, Inc. (SBD) (collectively, Stanley) in the Antidumping Duty Administrative Review of Certain Steel Nails from the People's Republic of China (China),'' dated February 6, 2018 (Stanley Langfang Verification Report). \4\ See Memorandum to James Maeder, ``Eighth Antidumping Duty Administrative Review of Certain Steel Nails from the People's Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,'' (December 20, 2017). \5\ See Memorandum to The Record, from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Deadlines Affected by the Shutdown of the Federal Government,'' dated January 23, 2018. --------------------------------------------------------------------------- In accordance with 19 CFR 351.309, we invited parties to comment on our Preliminary Results. On February 15, 2018, Hebei Minmetals Co., Ltd.,\6\ Hillman Group, Inc.,\7\ Mid Continent Steel & Wire, Inc. (the petitioner),\8\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker Inc.,\9\ Building Material Distributors, Inc. (BMD), and Tianjin Jinghai County Hongli Industry & Business Co., Ltd., Tianjin Jinchi Metal Products Co., Ltd., Shandong Dinglong Import & Export Co., Ltd., Tianjin Zhonglian Metals Ware Co., Ltd., Shanghai Yueda Nails Industry Co., Ltd. and Shanxi Tianli Industries Co., Ltd.,\10\ submitted timely filed case briefs, pursuant to our regulations.\11\ Additionally, on February 21, 2018, the petitioner and Stanley submitted timely-filed rebuttal briefs.\12\ On February 28, 2018, in response to Commerce's instructions, Stanley re- filed it case brief with untimely new factual information redacted, and the petitioner re-filed its rebuttal brief with an untimely new affirmative argument redacted.\13\ --------------------------------------------------------------------------- \6\ Hebei Minmetals Co., Ltd. (Hebei Minmetals). \7\ Hillman Group, Inc. (Hillman). \8\ Mid Continent Steel & Wire, Inc. (the petitioner). \9\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker Inc. (Stanley). \10\ Tianjin Jinghai County Hongli Industry & Business Co., Ltd., Tianjin Jinchi Metal Products Co., Ltd., Shandong Dinglong Import & Export Co., Ltd., Tianjin Zhonglian Metals Ware Co., Ltd., Shanghai Yueda Nails Industry Co., Ltd. and Shanxi Tianli Industries Co., Ltd. (GDLSK Respondents). \11\ See e.g., Letter to the Secretary, from Hebei Minmetals regarding ``Certain Steel Nails from the People's Republic of China: Case Brief,'' dated February 15, 2018. \12\ See e.g., Letter to the Secretary, from the petitioner, regarding ``Certain Steel Nails from the People's Republic of China: Rebuttal Brief,'' dated February 21, 2018. \13\ See Letter to the Secretary, from Stanley regarding ``Certain Steel Nails from the People's Republic of China: Redacted Version Case Brief,'' dated February 28, 2018; see also Letter to the Secretary, from the petitioner regarding ``Certain Steel Nails from the People's Republic of China: Revised Rebuttal Brief,'' dated February 28, 2018. --------------------------------------------------------------------------- [[Page 11684]] 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.\14\ While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the Order, which is contained in the accompanying Issues and Decision Memorandum (I&D Memo), is dispositive.\15\ --------------------------------------------------------------------------- \14\ Commerce 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,'' (September 19, 2013). \15\ For a full description of the scope of the Order, see Memorandum from James Maeder, Associate Deputy Assistant Secretary performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Christopher Marsh, Deputy Assistant Secretary for Enforcement and Compliance, ``Certain Steel Nails from the People's Republic of China: Issues and Decision Memorandum for the Final Results of the Eighth Antidumping Duty Administrative Review'' (March 9, 2018) (I&D Memo) which is adopted by this notice. --------------------------------------------------------------------------- Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs by parties to this review in the I&D Memo. Attached to this notice, as an Appendix, is a list of the issues which parties raised. The I&D Memo is a public document and is on file in the Central Records Unit (CRU), Room B8024 of the main Department of Commerce building, as well as electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the CRU. In addition, a complete version of the I&D Memo can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed I&D Memo and the electronic versions of the I&D Memo are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, and for the reasons explained in the I&D Memo, we revised the margin calculation for Stanley. Accordingly, for the final results, Commerce has updated the margin to be assigned to companies eligible for a separate rate as the revised margins for the sole mandatory respondent, Stanley, whose margin is not zero, de minimis, or based on facts available. The Surrogate Values Memo contains further explanation of our changes to the surrogate values selected for Stanley's factors of production.\16\ For a list of all issues addressed in these final results, please refer to the Appendix accompanying this notice. --------------------------------------------------------------------------- \16\ See Memorandum to the File, through Paul Walker, Program Manager, Office V, Enforcement and Compliance, from Courtney Canales, International Trade Analyst, Office V, Enforcement and Compliance, regarding Eighth Antidumping Administrative Review of Certain Steel Nails from the People's Republic of China: Surrogate Values for the Final Results, dated concurrently with and hereby adopted by this notice (Surrogate Values Memo). --------------------------------------------------------------------------- Final Determination of No Shipments In the Preliminary Results, Commerce preliminarily determined that two companies, Mingguan Ruifeng Hardware Products Co., Ltd. (Mingguan Ruifeng) and Shandong Oriental Cherry Hardware Import & Export Co., Ltd. (Cherry Hardware Import & Export), did not have any reviewable transactions during the POR. Consistent with Commerce's assessment practice in non-market economy (NME) cases, we completed the review with respect to Mingguan Ruifeng and Cherry Hardware Import & Export. Based on the certifications submitted by the aforementioned companies, and our analysis of CBP information, we continue to determine that these companies did not have any reviewable transactions during the POR. As noted in the ``Assessment Rates'' section below, Commerce intends to issue appropriate instructions to CBP for the above-named companies based on the final results of this review. Methodology Commerce conducted this review in accordance with section 751(a)(1)(B) of the Act. In the Preliminary Results, the Department calculated constructed export prices in accordance with section 772 of the Act. Because China is a nonmarket economy (NME) within the meaning of section 771(18) of the Act, normal value is calculated in accordance with section 773(c) of the Act. We have not received any information since the issuance of the Preliminary Results that provides a basis for reconsidering this determination. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, available at http://enforcement.trade.gov/frn/. Final Results of Administrative Review The weighted-average dumping margins for the administrative review are as follows: ------------------------------------------------------------------------ Weighted- Exporter average margin (percent) ------------------------------------------------------------------------ Stanley................................................. 5.98 Dezhou Hualude Hardware Products Co., Ltd............... 5.98 Hebei Cangzhou New Century Foreign Trade Co., Ltd....... 5.98 Hebei Minmetals Co., Ltd................................ 5.98 Nanjing CAIQING Hardware Co., Ltd....................... 5.98 Nanjing Toua Hardware & Tools Co., Ltd.................. 5.98 Qingdao D&L Group Ltd................................... 5.98 SDC International Aust. PTY. LTD........................ 5.98 Shandong Dinglong Import & Export Co., Ltd.............. 5.98 Shandong Oriental Cherry Hardware Group Co., Ltd........ 5.98 Shandong Qingyun Hongyi Hardware Products Co., Ltd...... 5.98 Shanghai Curvet Hardware Products Co., Ltd.............. 5.98 Shanghai Yueda Nails Industry Co., Ltd. a.k.a. Shanghai 5.98 Yueda Nails Co., Ltd................................... Shanxi Hairui Trade Co., Ltd............................ 5.98 Shanxi Pioneer Hardware Industrial Co., Ltd............. 5.98 Shanxi Tianli Industries Co., Ltd....................... 5.98 Suntec Industries Co., Ltd.............................. 5.98 S-Mart (Tianjin) Technology Development Co., Ltd........ 5.98 Tianjin Jinchi Metal Products Co., Ltd.................. 5.98 Tianjin Jinghai County Hongli Industry & Business Co., 5.98 Ltd.................................................... Tianjin Universal Machinery Imp. & Exp. Corporation..... 5.98 Tianjin Zhonglian Metals Ware Co., Ltd.................. 5.98 Xi'an Metals & Minerals Import & Export Co., Ltd........ 5.98 ------------------------------------------------------------------------ Assessment Rates Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.212(b), Commerce has determined, and U.S. 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. Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication [[Page 11685]] of the final results of this administrative review. Where the respondent reported reliable entered values, we calculated importer- (or customer-) specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to each importer (or customer) and dividing this amount by the total entered value of the sales to each importer (or customer).\17\ Where Commerce calculated a weighted-average dumping margin by dividing the total amount of dumping for reviewed sales to that party by the total sales quantity associated with those transactions, Commerce will direct CBP to assess importer-specific assessment rates based on the resulting per-unit rates.\18\ Where an importer- (or customer-) specific ad valorem or per-unit rate is greater than de minimis (i.e., 0.50 percent), Commerce will instruct CBP to collect the appropriate duties at the time of liquidation.\19\ Where an importer- (or customer-) specific ad valorem or per-unit rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\20\ We intend to instruct CBP to liquidate entries containing subject merchandise exported by the China-wide entity at the China-wide rate. --------------------------------------------------------------------------- \17\ See 19 CFR 351.212(b)(1). \18\ Id. \19\ Id. \20\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- For respondents that were not selected for individual examination in this administrative review and which qualified for a separate rate, the assessment rate is equal to the weighted-average dumping margin assigned to Stanley, 5.98 percent. Pursuant to Commerce's assessment practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, Commerce will instruct CBP to liquidate such entries at the China-wide entity rate. Additionally, if Commerce determines that an exporter had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the China-wide entity rate.\21\ --------------------------------------------------------------------------- \21\ 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 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 the exporters listed above, the cash deposit rate will be the rate established in the final results of review (except, if the rate is zero or de minimis, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed China and non-China exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all China exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the China-wide rate of 118.04 percent; and (4) for all non- China exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the China exporters that supplied that non-China exporter. The deposit requirements, when imposed, shall remain in effect until further notice. Disclosure We intend to disclose the calculations performed regarding these final results within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction 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 terms of an APO is a violation which is subject to sanction. We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Dated: March 9, 2018. 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 the Issues Comment 1: Low Carbon Steel Wire Rod Surrogate Value Comment 2: Medium Carbon Steel Wire Rod Surrogate Value Comment 3: Differential Pricing Methodology Comment 4A: Tianjin Lianda's Status for the Final Results Comment 4B: Calculation of a Margin for Tianjin Lianda Based on Incomplete Data Comment 4C: Whether Commerce Should Include Tianjin Lianda's Margin in the Calculation of the Separate Rate Comment 5: Correction of Errors in Tianjin Lianda's Margin Calculation Comment 6: Plastic Granules Surrogate Value Comment 7: Sealing Tape Surrogate Value Comment 8: Thermal Transfer Ribbon Surrogate Value Comment 9: Orthophosphoric Acid Surrogate Value Comment 10: Treatment of Stanley's Wiredrawing Toller's Scrap Comment 11: Correction of a Transposition Error for the Corrosion Resistant Coating and Paint Thinner Surrogate Values V. Recommendation [FR Doc. 2018-05370 Filed 3-15-18; 8:45 a.m.] BILLING CODE 3510-DS-P
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these companies. Accordingly, we are DEPARTMENT OF COMMERCE December 20, 2017, Commerce extended
rescinding this review, in part, with the deadline in this proceeding by 60
respect to these companies, pursuant to International Trade Administration days.4 On January 23, 2018, we tolled
19 CFR 351.213(d)(1). [A–570–909] the deadline by three days due to the
shutdown of the federal government.5
Assessment
Certain Steel Nails From the People’s The revised deadline for the final results
Commerce will instruct U.S. Customs Republic of China: Final Results of of this review is now March 9, 2018.
and Border Protection (CBP) to assess Antidumping Duty Administrative In accordance with 19 CFR 351.309,
antidumping duties on all appropriate Review and Final Determination of No we invited parties to comment on our
entries. For Leviathan and Maxon, the Shipments; 2015–2016 Preliminary Results. On February 15,
companies for which this review is 2018, Hebei Minmetals Co., Ltd.,6
rescinded, antidumping duties shall be AGENCY: Enforcement and Compliance, Hillman Group, Inc.,7 Mid Continent
assessed at rates equal to the cash International Trade Administration, Steel & Wire, Inc. (the petitioner),8 The
deposit of estimated antidumping duties Department of Commerce. Stanley Works (Langfang) Fastening
required at the time of entry, or SUMMARY: The Department of Commerce Systems Co., Ltd. and Stanley Black &
withdrawal from warehouse, for (Commerce) determines that The Decker Inc.,9 Building Material
consumption, in accordance with 19 Stanley Works (Langfang) Fastening Distributors, Inc. (BMD), and Tianjin
CFR 351.212(c)(1)(i). Commerce intends Systems Co., Ltd. and Stanley Black & Jinghai County Hongli Industry &
to issue appropriate assessment Decker, Inc. (collectively, Stanley), a Business Co., Ltd., Tianjin Jinchi Metal
instructions to CBP 15 days after manufacturer/exporter of certain steel Products Co., Ltd., Shandong Dinglong
publication of this notice. nails from the People’s Republic of Import & Export Co., Ltd., Tianjin
Notification to Importers China (China), sold subject merchandise Zhonglian Metals Ware Co., Ltd.,
in the United States at prices below Shanghai Yueda Nails Industry Co., Ltd.
This notice serves as a reminder to normal value during the period of and Shanxi Tianli Industries Co., Ltd.,10
importers of their responsibility under review (POR), August 1, 2015, through submitted timely filed case briefs,
19 CFR 351.402(f)(2) to file a certificate July 31, 2016. We are also not granting pursuant to our regulations.11
regarding the reimbursement of a separate rate to Tianjin Lianda Group Additionally, on February 21, 2018, the
antidumping and/or countervailing Co., Ltd. (Tianjin Lianda). petitioner and Stanley submitted timely-
duties prior to liquidation of the filed rebuttal briefs.12 On February 28,
DATES: Applicable March 16, 2018.
relevant entries during this review 2018, in response to Commerce’s
FOR FURTHER INFORMATION CONTACT:
period. Failure to comply with this instructions, Stanley re-filed it case brief
requirement could result in Commerce’s Matthew Renkey or Courtney Canales,
AD/CVD Operations, Office V, with untimely new factual information
presumption that reimbursement of redacted, and the petitioner re-filed its
antidumping and/or countervailing Enforcement and Compliance,
International Trade Administration, rebuttal brief with an untimely new
duties occurred and the subsequent affirmative argument redacted.13
assessment of doubled antidumping U.S. Department of Commerce, 1401
duties. Constitution Avenue NW, Washington,
Certain Steel Nails from the People’s Republic of
DC 20230; telephone (202) 482–2312 or China (China),’’ dated February 6, 2018 (Stanley
Notification Regarding Administrative (202) 482–4997, respectively. Langfang Verification Report).
Protective Order SUPPLEMENTARY INFORMATION: 4 See Memorandum to James Maeder, ‘‘Eighth
This notice serves as a final reminder Antidumping Duty Administrative Review of
Background Certain Steel Nails from the People’s Republic of
to parties subject to an administrative China: Extension of Deadline for Final Results of
protective order (APO) of their Commerce published the Preliminary Antidumping Duty Administrative Review,’’
responsibility concerning the return or Results on September 7, 2017.1 From (December 20, 2017).
destruction of proprietary information November 29, 2017, through December 5 See Memorandum to The Record, from Christian
Marsh, Deputy Assistant Secretary for Enforcement
disclosed under an APO in accordance 1, 2017, Commerce officials verified the and Compliance performing the non-exclusive
with 19 CFR 351.305, which continues questionnaire responses of Stanley in functions and duties of the Assistant Secretary for
to govern business proprietary North Kingstown, Rhode Island.2 Also, Enforcement and Compliance, ‘‘Deadlines Affected
from December 11 through 15, 2017, by the Shutdown of the Federal Government,’’
information in this segment of the dated January 23, 2018.
proceeding. Timely written notification Commerce officials verified the 6 Hebei Minmetals Co., Ltd. (Hebei Minmetals).
of the return/destruction of APO questionnaire responses of Stanley in 7 Hillman Group, Inc. (Hillman).
materials or conversion to judicial Langfang, Hebei Province, China.3 On 8 Mid Continent Steel & Wire, Inc. (the
protective order is hereby requested. petitioner).
1 See Certain Steel Nails from the People’s 9 The Stanley Works (Langfang) Fastening
Failure to comply with the regulations
Republic of China: Preliminary Results of the Systems Co., Ltd. and Stanley Black & Decker Inc.
and terms of an APO is a violation Antidumping Duty Administrative Review and (Stanley).
which is subject to sanction. Preliminary Determination of No Shipments; 2015– 10 Tianjin Jinghai County Hongli Industry &
This notice is issued and published in 2016, 82 FR 42291 (September 7, 2017) (Preliminary Business Co., Ltd., Tianjin Jinchi Metal Products
accordance with sections 751(a)(1) and Results) and accompanying Preliminary Decision Co., Ltd., Shandong Dinglong Import & Export Co.,
Memorandum. Ltd., Tianjin Zhonglian Metals Ware Co., Ltd.,
777(i)(1) of the Act, and 19 CFR 2 See Memorandum to the file ‘‘Sales Verification Shanghai Yueda Nails Industry Co., Ltd. and Shanxi
351.213(d)(4). Report for The Stanley Works (Langfang) Fastening Tianli Industries Co., Ltd. (GDLSK Respondents).
Systems Co., Ltd. (Stanley Langfang), and Stanley 11 See e.g., Letter to the Secretary, from Hebei
Dated: March 12, 2018.
Black & Decker, Inc. (SBD) (collectively, Stanley) in Minmetals regarding ‘‘Certain Steel Nails from the
James Maeder,
daltland on DSKBBV9HB2PROD with NOTICES
the Antidumping Duty Administrative Review of People’s Republic of China: Case Brief,’’ dated
Associate Deputy Assistant Secretary for Certain Steel Nails from the People’s Republic of February 15, 2018.
Antidumping and Countervailing Duty China (China),’’ dated February 6, 2018 (Stanley 12 See e.g., Letter to the Secretary, from the
Operations performing the duties of Deputy Sales Verification Report). petitioner, regarding ‘‘Certain Steel Nails from the
Assistant Secretary for Antidumping and 3 See Memorandum to the file ‘‘Sales Verification People’s Republic of China: Rebuttal Brief,’’ dated
Countervailing Duty Operations. Report for The Stanley Works (Langfang) Fastening February 21, 2018.
Systems Co., Ltd. (Stanley Langfang), and Stanley 13 See Letter to the Secretary, from Stanley
[FR Doc. 2018–05374 Filed 3–15–18; 8:45 am] Black & Decker, Inc. (SBD) (collectively, Stanley) in regarding ‘‘Certain Steel Nails from the People’s
BILLING CODE 3510–DS–P the Antidumping Duty Administrative Review of Continued
VerDate Sep<11>2014 21:54 Mar 15, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1](https://thefederalregister.org/doc/83_FR_11735/page/1.svg)
![Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices 11685
of the final results of this administrative withdrawn from warehouse, for We are issuing and publishing these
review. consumption on or after the publication final results of administrative review in
Where the respondent reported date, as provided for by section accordance with sections 751(a)(1) and
reliable entered values, we calculated 751(a)(2)(C) of the Act: (1) For the 777(i) of the Act, and 19 CFR
importer- (or customer-) specific ad exporters listed above, the cash deposit 351.221(b)(5).
valorem rates by aggregating the rate will be the rate established in the Dated: March 9, 2018.
dumping margins calculated for all U.S. final results of review (except, if the rate Gary Taverman,
sales to each importer (or customer) and is zero or de minimis, a zero cash
dividing this amount by the total Deputy Assistant Secretary for Antidumping
deposit rate will be required for that and Countervailing Duty Operations,
entered value of the sales to each company); (2) for previously performing the non-exclusive functions and
importer (or customer).17 Where investigated or reviewed China and non- duties of the Assistant Secretary for
Commerce calculated a weighted- China exporters not listed above that Enforcement and Compliance.
average dumping margin by dividing the have separate rates, the cash deposit rate
total amount of dumping for reviewed will continue to be the exporter-specific Appendix
sales to that party by the total sales rate published for the most recent List of Topics Discussed in the Issues and
quantity associated with those period; (3) for all China exporters of Decision Memorandum
transactions, Commerce will direct CBP subject merchandise which have not I. Summary
to assess importer-specific assessment been found to be entitled to a separate II. Background
rates based on the resulting per-unit rate, the cash deposit rate will be the III. Scope of the Order
rates.18 Where an importer- (or China-wide rate of 118.04 percent; and IV. Discussion of the Issues
customer-) specific ad valorem or per- (4) for all non-China exporters of subject Comment 1: Low Carbon Steel Wire Rod
unit rate is greater than de minimis (i.e., Surrogate Value
merchandise which have not received Comment 2: Medium Carbon Steel Wire
0.50 percent), Commerce will instruct their own rate, the cash deposit rate will Rod Surrogate Value
CBP to collect the appropriate duties at be the rate applicable to the China Comment 3: Differential Pricing
the time of liquidation.19 Where an exporters that supplied that non-China Methodology
importer- (or customer-) specific ad exporter. The deposit requirements, Comment 4A: Tianjin Lianda’s Status for
valorem or per-unit rate is zero or de when imposed, shall remain in effect the Final Results
minimis, Commerce will instruct CBP to until further notice. Comment 4B: Calculation of a Margin for
liquidate appropriate entries without Tianjin Lianda Based on Incomplete Data
regard to antidumping duties.20 We Disclosure Comment 4C: Whether Commerce Should
intend to instruct CBP to liquidate Include Tianjin Lianda’s Margin in the
We intend to disclose the calculations Calculation of the Separate Rate
entries containing subject merchandise performed regarding these final results Comment 5: Correction of Errors in Tianjin
exported by the China-wide entity at the
within five days of the date of Lianda’s Margin Calculation
China-wide rate. Comment 6: Plastic Granules Surrogate
publication of this notice to parties in
For respondents that were not Value
selected for individual examination in this proceeding in accordance with 19
CFR 351.224(b). Comment 7: Sealing Tape Surrogate Value
this administrative review and which Comment 8: Thermal Transfer Ribbon
qualified for a separate rate, the Notification to Importers Surrogate Value
assessment rate is equal to the weighted- Comment 9: Orthophosphoric Acid
average dumping margin assigned to This notice also serves as a final Surrogate Value
Stanley, 5.98 percent. reminder to importers of their Comment 10: Treatment of Stanley’s
Pursuant to Commerce’s assessment responsibility under 19 CFR 351.402(f) Wiredrawing Toller’s Scrap
practice, for entries that were not to file a certificate regarding the Comment 11: Correction of a Transposition
reimbursement of antidumping duties Error for the Corrosion Resistant Coating
reported in the U.S. sales databases and Paint Thinner Surrogate Values
submitted by companies individually prior to liquidation of the relevant
V. Recommendation
examined during this review, Commerce entries during this POR. Failure to
comply with this requirement could [FR Doc. 2018–05370 Filed 3–15–18; 8:45 a.m.]
will instruct CBP to liquidate such
entries at the China-wide entity rate. result in Commerce’s presumption that BILLING CODE 3510–DS–P
Additionally, if Commerce determines reimbursement of antidumping duties
that an exporter had no shipments of the occurred and the subsequent assessment
subject merchandise, any suspended of doubled antidumping duties. DEPARTMENT OF COMMERCE
entries that entered under that Administrative Protective Orders International Trade Administration
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the This notice also serves as a reminder Initiation of Antidumping and
China-wide entity rate.21 to parties subject to administrative Countervailing Duty Administrative
protective order (APO) of their Reviews
Cash Deposit Requirements
responsibility concerning the return or
The following cash deposit destruction of proprietary information AGENCY: Enforcement and Compliance,
requirements will be effective upon disclosed under APO in accordance International Trade Administration,
publication of the final results of this with 19 CFR 351.305(a)(3), which Department of Commerce.
administrative review for all shipments continues to govern business SUMMARY: The Department of Commerce
of the subject merchandise entered, or proprietary information in this segment (Commerce) has received requests to
daltland on DSKBBV9HB2PROD with NOTICES
of the proceeding. Timely written conduct administrative reviews of
17 See 19 CFR 351.212(b)(1). notification of the return or destruction various antidumping and countervailing
18 Id.
of APO materials, or conversion to duty orders and findings with January
19 Id.
20 See
judicial protective order, is hereby anniversary dates. In accordance with
19 CFR 351.106(c)(2).
21 See requested. Failure to comply with the Commerce’s regulations, we are
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76 regulations and terms of an APO is a initiating those administrative reviews.
FR 65694 (October 24, 2011). violation which is subject to sanction. DATES: Applicable March 16, 2018.
VerDate Sep<11>2014 21:54 Mar 15, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1](https://thefederalregister.org/doc/83_FR_11735/page/3.svg)
Document Created: 2018-03-16 01:12:14
Document Modified: 2018-03-16 01:12:14
| 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 March 16, 2018. | |
| 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 | 83 FR 11683 |
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