83 FR 13236 - Carton-Closing Staples From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 60 (March 28, 2018)
International Trade Administration
Federal Register Volume 83, Issue 60 (March 28, 2018)
| Page Range | 13236-13239 | |
| FR Document | 2018-06206 |
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)] [Notices] [Pages 13236-13239] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06206] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-055] Carton-Closing Staples From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that carton- closing staples from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The final dumping margin of sales at LTFV is shown in the ``Final Determination'' section of this notice. DATES: Applicable March 28, 2018. FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6905. SUPPLEMENTARY INFORMATION: Background On November 3, 2017, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of carton-closing staples from China.\1\ For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum that is dated concurrently with this determination and hereby adopted by this notice.\2\ Commerce exercised its discretion to toll deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non- business day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for the final [[Page 13237]] determination of this investigation is now March 21, 2018.\3\ --------------------------------------------------------------------------- \1\ See Carton-Closing Staples from the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 82 FR 51213 (November 3, 2017) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Carton-Closing Staples from the People's Republic of China,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). \3\ See Memorandum for 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'' (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. --------------------------------------------------------------------------- A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. Period of Investigation The period of investigation (POI) is July 1, 2016, through December 31, 2016. Scope of the Investigation \4\ --------------------------------------------------------------------------- \4\ Commerce has made no changes to the scope of the investigation as published in the Preliminary Determination. Further, no interested party commented on our preliminary scope determination that the mattress boxspring staples imported by Vertex Fasteners, a division of Leggett & Platt, Incorporated, are not covered by the scope of the investigation. See Preliminary Determination and accompanying Preliminary Decision Memorandum at pages 3-4. Accordingly, our determination remains unchanged and we continue to find that Vertex Fasteners' mattress boxspring staples, as described in the Preliminary Determination, are not covered by the scope of this investigation. --------------------------------------------------------------------------- The products covered by this investigation are carton-closing staples from China. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I of this notice. The scope in Appendix I reflects the final scope language. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum accompanying this notice, which is hereby adopted by this notice. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. For the final determination, Commerce continues to rely upon facts otherwise available, with adverse inferences based on adverse facts available (AFA), for the China-wide entity, including Zhejiang Best Nail Industrial Co., Ltd. (Best Nail), pursuant to sections 776(a)-(b) of the Tariff Act of 1930, as amended (the Act). Furthermore, as discussed in the Issues and Decision Memorandum, Commerce continues to find, pursuant to sections 771(33)(A) and (F) of the Act, that the mandatory respondent, Shanghai Yueda Nails Co., Ltd., is affiliated with Qiushan Printing Machinery Co., Ltd., Fastnail Products Limited, and Wuhan FOPO Trading Co., Ltd., and that these companies should be treated as a single entity pursuant 19 CFR 351.401(f), hereinafter referred to as Yueda Group. However, for the final determination, we find that another company, China Dinghao Co., Limited (Dinghao), is affiliated within the meaning of section 771(33)(G) of the Act, and should, in accordance with 19 CFR 351.401(f)(2)(iii), also be treated as part of this single entity, pursuant to our verification of the Yueda Group. Based on Commerce's verification of the Yueda Group, we continue to find it entitled to a separate rate, but determine it appropriate to base Yueda Group's estimated dumping margin on AFA, pursuant to sections 776(a)-(b) of the Act.\5\ --------------------------------------------------------------------------- \5\ See Issues and Decision Memorandum for further discussion. --------------------------------------------------------------------------- China-Wide Entity For the final determination, we continue to find, in accordance with section 776(a) of the Act, that the China-wide entity, which includes certain Chinese exporters and/or producers \6\ that did not respond to Commerce's requests for information, failed to provide necessary information, failed to provide information in a timely manner, and significantly impeded this proceeding by not submitting the requested information. We also continue to find, in accordance with section 776(b) of the Act, that the China-wide entity failed to cooperate. As a result, we continue to assign to the China-wide entity a dumping margin on the basis of AFA. --------------------------------------------------------------------------- \6\ The China-wide entity includes Best Nail and 20 Chinese exporters and/or producers that failed to respond to our Quantity and Value Questionnaire. See Preliminary Determination, 82 FR at 51214 and accompanying Preliminary Decision Memorandum at 14, footnote 86. --------------------------------------------------------------------------- In selecting the AFA rate for Yueda Group and the China-wide entity, Commerce's practice is to select a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated.\7\ Specifically, it is Commerce's practice to select, as an AFA rate, the higher of: (a) The highest dumping margin alleged in the petition; or (b) the highest calculated dumping margin of any respondent in the investigation.\8\ As there are no respondents for which we are calculating a separate dumping margin for the final determination, we relied upon the rates found in the Petition, which is the only information regarding the carton-closing staples industry reasonably at Commerce's disposal to determine a rate that is sufficiently adverse to induce cooperation.\9\ Thus, as AFA, Commerce assigned to Yueda Group and the China-wide entity the rate of 263.40 percent, which is the highest dumping margin alleged in the Petition.\10\ For the final determination, because there were no margins calculated for the mandatory respondents, to corroborate the 263.40 percent margin used as AFA for Yueda Group and the China-wide entity, to the extent appropriate information was available, we are affirming our pre-initiation analysis of the adequacy and accuracy of the information in the [[Page 13238]] Petition.\11\ Accordingly, we find that the rate of 263.40 percent is corroborated within the meaning of section 776(c) of the Act. --------------------------------------------------------------------------- \7\ See Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H.R. Rep. No. 103-316 at 870 (1994) (H.R. Rep 103-316), reprinted in 1994 U.S.C.A.A.N. \8\ See Silicon Metal from Australia: Affirmative Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances in Part, 83 FR 9839 (March 8, 2018) and accompanying Issues and Decision Memorandum at Comment 1. \9\ See, e.g., Certain Hardwood Plywood Products from the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, 82 FR 28629 (June 23, 2017) and accompanying Preliminary Decision Memorandum at pages 31-32 (revised in Certain Hardwood Plywood Products from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, in Part, 82 FR 53460 (November 16, 2017) because Commerce calculated a higher rate than the highest Petition rate to apply as the AFA rate)). \10\ See Petition for the Imposition of Antidumping Duties on Imports of Carton-Closing Staples from the People's Republic of China, dated March 31, 2017 (Petition), and Petitioner's Supplemental Questionnaire Response, dated April 6, 2017 (Petition Supplemental Response), at 19-20 and Exhibit II-SQ-9. \11\ See Issues and Decision Memorandum at pages 23-25, for the discussion regarding corroboration of the AFA rate. See also Petition and Petition Supplemental Response, at 19-20 and Exhibit II-SQ-9. --------------------------------------------------------------------------- Separate Rates For the final determination, we continue to find that Hangzhou Huayu Machinery Co., Ltd. and The Stanley Works (Langfang) Fastening Systems Co., Ltd. are entitled to a separate rate, as noted below. In the Preliminary Determination, we assigned, as the separate rate, the margin calculated for the single remaining mandatory respondent (Yueda Group), consistent with our practice.\12\ However, because we have determined to base Yueda Group's final dumping margin on AFA, we can no longer rely on Yueda Group's preliminary calculated rate as the separate rate. Therefore, because we are determining Yueda Group's rate and the China-wide rate based on AFA, we are looking to section 735(c)(5)(A)-(B) of the Act for guidance and are, consistent with that provision, using ``any reasonable method'' to determine the rate for exporters that are not being individually examined and found to be entitled to a separate rate, as we did in the Preliminary Determination. As ``any reasonable method,'' we find it appropriate to assign the simple average of the Petition rates \13\ (i.e., 115.65 percent) to the separate rate applicants not individually examined.\14\ --------------------------------------------------------------------------- \12\ See Preliminary Determination, 82 FR at 51214, and accompanying Preliminary Decision Memorandum at 12-13. \13\ See Petition and Petition Supplemental Response, at 19-20 and Exhibit II-SQ-9. \14\ See Issues and Decision Memorandum at Comment 3. See also Galvanized Steel Wire from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 77 FR 17430, 16432 (March 26, 2012). --------------------------------------------------------------------------- Combination Rates In the Initiation Notice,\15\ Commerce stated that it would calculate producer/exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.\16\ --------------------------------------------------------------------------- \15\ See Initiation Notice, 82 FR at 19355. \16\ See Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, ``Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf. --------------------------------------------------------------------------- Final Determination Commerce determines that carton-closing staples from China are being, or is likely to be, sold in the United States at LTFV, and that the following dumping margins exist: ------------------------------------------------------------------------ Estimated Producer Exporter dumping margin (percent) ------------------------------------------------------------------------ Yueda Group: \17\ Yueda Group: Shanghai Yueda Nails Co., Shanghai Yueda Nails 263.40 Ltd., or Qiushan Printing Co., Ltd., or Fastnail Machinery Co., Ltd. Products Limited, or Wuhan FOPO Trading Co., Ltd., or China Dinghao Co., Limited. Hangzhou Huayu Machinery Co., Hangzhou Huayu 115.65 Ltd. Machinery Co., Ltd. The Stanley Works (Langfang) The Stanley Works 115.65 Fastening Systems Co., Ltd. (Langfang) Fastening Systems Co., Ltd. ------------------------------------------------------------------------ China-Wide Entity \18\ 263.40 ------------------------------------------------------------------------ Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with a final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). Because Commerce applied total AFA to the sole individually examined company, Yueda Group, in accordance with section 776 of the Act, and the applied AFA rate is based solely on at rate from the Petition, there are no calculations to disclose for Yueda Group. However, we will disclose the calculation of the simple average of the Petition margins, which we applied to the non-individually examined companies receiving a separate rate (i.e., 115.65 percent), within five days of the date of publication of this notice to parties in this proceeding, in accordance with 19 CFR 351.224(b). --------------------------------------------------------------------------- \17\ Commerce determines that Shanghai Yueda Nails Co., Ltd., Qiushan Printing Machinery Co., Ltd., China Dinghao Co., Limited, Fastnail Products Limited, and Wuhan FOPO Trading Co., Ltd., are affiliated pursuant to sections 771(33)(A) and (F) of the Act and should be treated as a single entity pursuant to 19 CFR 351.401(f). See Issues and Decision Memorandum at 2-5. \18\ As discussed in the Preliminary Determination, Best Nail, a mandatory respondent in this investigation, and certain non- responsive Chinese companies did not demonstrate that they were entitled to a separate rate. Accordingly, we continue to consider Best Nail and these companies to be part of the China-wide entity. See Preliminary Decision Memorandum at 14, footnote 86. --------------------------------------------------------------------------- Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of carton-closing staples from China, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after November 3, 2017, the date of publication in the Federal Register of the affirmative Preliminary Determination. Pursuant to section 735(c)(1) of the Act, we will instruct CBP to require a cash deposit equal to the margins indicated in the chart above.\19\ These suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \19\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). --------------------------------------------------------------------------- International Trade Commission Notification In accordance with section 735(d) of the Act, we intend to notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. As Commerce's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of carton-closing staples from China, or sales (or the likelihood of sales) for importation, of carton-closing staples from China. If the ITC determines that such injury does not exist, this proceeding will be terminated, and all securities posted [[Page 13239]] will be refunded or canceled. If the ITC determines that such injury does exist, Commerce intends to issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders This notice will serve as a reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We intend to issue and publish this determination in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: March 21, 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 I Scope of the Investigation The scope of this investigation is carton-closing staples. Carton-closing staples may be manufactured from carbon, alloy, or stainless steel wire, and are included in the scope of the investigation regardless of whether they are uncoated or coated, regardless of the type of coating. Carton-closing staples are generally made to American Society for Testing and Materials (ASTM) specification ASTM D1974/D1974M-16, but can also be made to other specifications. Regardless of specification, however, all carton-closing staples meeting the scope description are included in the scope. Carton-closing staples include stick staple products, often referred to as staple strips, and roll staple products, often referred to as coils. Stick staples are lightly cemented or lacquered together to facilitate handling and loading into stapling machines. Roll staples are taped together along their crowns. Carton-closing staples are covered regardless of whether they are imported in stick form or roll form. Carton-closing staples vary by the size of the wire, the width of the crown, and the length of the leg. The nominal leg length ranges from 0.4095 inch to 1.375 inches and the nominal crown width ranges from 1.125 inches to 1.375 inches. The size of the wire used in the production of carton-closing staples varies from 0.029 to 0.064 inch (nominal thickness) by 0.064 to 0.100 inch (nominal width). Carton-closing staples subject to this investigation are currently classifiable under subheadings 8305.20.00.00 and 7317.00.65.60 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheadings and ASTM specification are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes from the Preliminary Determination IV. Discussion of the Issues Comment 1: Whether To Assign Total Adverse Facts Available to Yueda Group A. Chronology B. Verification and Timing C. Reliance on Unverified Information D. Commerce's Conduct Regarding the Toller E. Application of Facts Available and Adverse Facts Available F. Selection and Corroboration of the AFA Rate Comment 2: Reliance on Toller's Reported FOP Data Comment 3: Separate Rate Assigned to Non-Individually Examined Respondents Comment 4: Whether To Find Affirmative Critical Circumstances Additional Arguments Regarding Calculations V. Recommendation [FR Doc. 2018-06206 Filed 3-27-18; 8:45 am] BILLING CODE 3510-DS-P
![13236 Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
(202) 482–3931 or (202) 482–7924, Results. This notice is published in DEPARTMENT OF COMMERCE
respectively. fulfillment of the Timken publication
SUPPLEMENTARY INFORMATION: requirements. Accordingly, Commerce International Trade Administration
will continue the suspension of
Background liquidation of the subject merchandise [A–570–055]
On October 15, 2015, Commerce pending a final and conclusive court
published the Final Results,1 in which decision. Carton-Closing Staples From the
it determined Baoding Mantong to have People’s Republic of China: Final
a weight-averaged dumping margin of Amended Final Results of Review Affirmative Determination of Sales at
143.87 percent for the period under Less Than Fair Value
Because there is now a final court
review. On August 1, 2017, the Court
decision, Commerce is amending the Enforcement and Compliance,
AGENCY:
sustained three of Commerce’s
Final Results with respect to the International Trade Administration,
determinations in the Final Results but,
dumping margin calculated for Baoding Department of Commerce.
with respect to findings for Baoding
Mantong, remanded the results to Mantong. Based on the Final Results of SUMMARY: The Department of Commerce
Commerce for reconsideration of the Redetermination, as sustained by the (Commerce) determines that carton-
surrogate value selection for liquid CIT, the revised dumping margin for closing staples from the People’s
ammonia and the selection of Baoding Mantong, for the period March Republic of China (China) are being, or
companies used for the respondent’s 1, 2013, through February 28, 2014, is are likely to be, sold in the United States
surrogate financial ratios.2 In the Final as follows: at less than fair value (LTFV). The final
Results of Redetermination, Commerce dumping margin of sales at LTFV is
selected a new surrogate value for liquid Weighted- shown in the ‘‘Final Determination’’
average section of this notice.
ammonia and changed its selection of Producer or exporter dumping
surrogate financial ratios; these two margin DATES: Applicable March 28, 2018.
changes resulted in a dumping margin (percent)
FOR FURTHER INFORMATION CONTACT:
of zero percent.3 On March 12, 2018, the Irene Gorelik, AD/CVD Operations,
Court sustained the Final Results of Baoding Mantong Fine
Redetermination.4 Chemistry Co. Ltd ............. 0.00 Office VIII, Enforcement and
Compliance, International Trade
Timken Notice Administration, U.S. Department of
In the event the Court’s ruling is not
In its decision in Timken,5 as clarified Commerce, 1401 Constitution Avenue
appealed or, if appealed, upheld by a NW, Washington, DC 20230; telephone:
by Diamond Sawblades,6 the Court of final and conclusive court decision,
Appeals for the Federal Circuit held (202) 482–6905.
Commerce will instruct the U.S.
that, pursuant to section 516A(e) of the SUPPLEMENTARY INFORMATION:
Customs and Border Protection (CBP) to
Tariff Act of 1930, as amended (the Act), assess antidumping duties on Background
Commerce must publish a notice of a unliquidated entries of subject
court decision that is not ‘‘in harmony’’ On November 3, 2017, Commerce
merchandise with respect to Baoding
with a Commerce determination and published in the Federal Register its
Mantong. preliminary affirmative determination
must suspend liquidation of entries
pending a ‘‘conclusive’’ court decision. Cash Deposit Requirements in the LTFV investigation of carton-
The CIT’s March 12, 2018, final closing staples from China.1 For a
judgment sustaining the Final Results of As Baoding Mantong’s cash deposit complete description of the events that
Redetermination constitutes a final rate has not been subject to subsequent followed the Preliminary Determination,
decision of the Court that is not in administrative reviews, Commerce will see the Issues and Decision
harmony with Commerce’s Final issue revised cash deposit instructions Memorandum that is dated concurrently
to CBP adjusting the rate for Baoding with this determination and hereby
1 See Glycine from the People’s Republic of Mantong to zero percent, effective adopted by this notice.2 Commerce
China: Final Results of Antidumping Duty March 22, 2018. exercised its discretion to toll deadlines
Administrative Review and Partial Rescission of affected by the closure of the Federal
Antidumping Duty Administrative Review; 2013– Notification to Interested Parties
2014, 80 FR 62027 (October 15, 2015) (Final Government from January 20 through
Results) and accompanying Issues and Decision This notice is issued and published in 22, 2018. If the new deadline falls on a
Memorandum (Issues and Decision Memorandum). non-business day, in accordance with
2 See Evonik Rexim (Nanning) Pharmaceutical accordance with sections 516A(e)(1),
Commerce’s practice, the deadline will
Co. Ltd. v. United States, 253 F. Supp. 3d 1364 751(a)(1), and 777(i)(1) of the Act.
(2017). The Court consolidated actions filed by
become the next business day. The
Evonik Rexim (Nanning) Pharmaceutical Co. Ltd. Dated: March 22, 2018. revised deadline for the final
(Evonik) and Baoding Mantong on January 21, 2016, Gary Taverman,
but later granted a motion to sever and stay one of 1 See Carton-Closing Staples from the People’s
Evonik’s claims pending the final disposition of a
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, Republic of China: Preliminary Affirmative
similar claim in another segment of this Determination of Sales at Less Than Fair Value,
antidumping duty proceeding. performing the non-exclusive functions and Postponement of Final Determination and
3 See ‘‘Final Results of Redetermination Pursuant duties of the Assistant Secretary for Extension of Provisional Measures, 82 FR 51213
to Court Remand,’’ dated October 20, 2017 (Final Enforcement and Compliance. (November 3, 2017) (Preliminary Determination)
Results of Redetermination).
daltland on DSKBBV9HB2PROD with NOTICES
[FR Doc. 2018–06149 Filed 3–27–18; 8:45 am] and accompanying Preliminary Decision
4 See Evonik Rexim (Nanning) Pharmaceutical
Memorandum.
Co. Ltd. v. United States, Court No. 15–00296, Slip BILLING CODE 3510–DS–P 2 See Memorandum, ‘‘Issues and Decision
Op. 18–21 (CIT March 12, 2018). Memorandum for the Final Affirmative
5 See Timken Co. v. United States, 893 F.2d 337
Determination in the Less-Than-Fair-Value
(Fed. Cir. 1990) (Timken). Investigation of Carton-Closing Staples from the
6 See Diamond Sawblades Mfrs. Coalition v. People’s Republic of China,’’ dated concurrently
United States, 626 F.3d 1374 (Fed. Cir. 2010) with, and hereby adopted by, this notice (Issues and
(Diamond Sawblades). Decision Memorandum).
VerDate Sep<11>2014 20:30 Mar 27, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\28MRN1.SGM 28MRN1](https://thefederalregister.org/doc/83_FR_13296/page/1.svg)
![Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices 13239
will be refunded or canceled. If the ITC (nominal thickness) by 0.064 to 0.100 inch FOR FURTHER INFORMATION CONTACT:
determines that such injury does exist, (nominal width). Justin Neuman or Omar Qureshi, AD/
Commerce intends to issue an Carton-closing staples subject to this CVD Operations, Office V, Enforcement
antidumping duty order directing CBP investigation are currently classifiable under and Compliance, International Trade
subheadings 8305.20.00.00 and
to assess, upon further instruction by 7317.00.65.60 of the Harmonized Tariff
Administration, U.S. Department of
Commerce, antidumping duties on all Schedule of the United States (HTSUS). Commerce, 1401 Constitution Avenue
imports of the subject merchandise While the HTSUS subheadings and ASTM NW, Washington, DC 20230; telephone:
entered, or withdrawn from warehouse, specification are provided for convenience (202) 482–0486 or (202) 482–5307,
for consumption on or after the effective and for customs purposes, the written respectively.
date of the suspension of liquidation. description of the subject merchandise is SUPPLEMENTARY INFORMATION:
dispositive.
Notification Regarding Administrative Background
Protective Orders Appendix II
On September 5, 2017, Commerce
This notice will serve as a reminder List of Topics Discussed in the Issues and published its affirmative Preliminary
to the parties subject to administrative Decision Memorandum
Determination of this countervailing
protective order (APO) of their I. Summary duty (CVD) investigation.1
responsibility concerning the II. Background Commerce exercised its discretion to
disposition of propriety information III. Changes from the Preliminary toll all deadlines affected by the closure
Determination
disclosed under APO in accordance of the Federal Government from January
IV. Discussion of the Issues
with 19 CFR 351.305. Timely written Comment 1: Whether To Assign Total
20 through 22, 2018. If the new deadline
notification of return or destruction of Adverse Facts Available to Yueda Group falls on a non-business day, in
APO materials or conversion to judicial A. Chronology accordance with Commerce’s practice,
protective order is hereby requested. B. Verification and Timing the deadline will become the next
Failure to comply with the regulations C. Reliance on Unverified Information business day. The revised deadline for
and terms of an APO is a sanctionable D. Commerce’s Conduct Regarding the the final determination of this
violation. Toller investigation is now March 19, 2018.2 A
E. Application of Facts Available and summary of the events that occurred
We intend to issue and publish this Adverse Facts Available
determination in accordance with since Commerce published the
F. Selection and Corroboration of the AFA
sections 735(d) and 777(i)(1) of the Act. Preliminary Determination, as well as a
Rate
Comment 2: Reliance on Toller’s Reported full discussion of the issues raised by
Dated: March 21, 2018. parties for this final determination, may
Gary Taverman, FOP Data
Comment 3: Separate Rate Assigned to be found in the Issues and Decision
Deputy Assistant Secretary for Antidumping Non-Individually Examined Memorandum, which is hereby adopted
and Countervailing Duty Operations, Respondents by this notice.3
performing the non-exclusive functions and Comment 4: Whether To Find Affirmative
duties of the Assistant Secretary for Critical Circumstances Scope of the Investigation
Enforcement and Compliance. Additional Arguments Regarding The scope of the investigation covers
Appendix I Calculations wire rod from Turkey. For a complete
V. Recommendation description of the scope of the
Scope of the Investigation
[FR Doc. 2018–06206 Filed 3–27–18; 8:45 am] investigation, see Appendix I.
The scope of this investigation is carton- BILLING CODE 3510–DS–P
closing staples. Carton-closing staples may be Scope Comments
manufactured from carbon, alloy, or stainless During the course of this
steel wire, and are included in the scope of investigation, Commerce received
DEPARTMENT OF COMMERCE
the investigation regardless of whether they
numerous scope comments from
are uncoated or coated, regardless of the type
International Trade Administration interested parties. Prior to the
of coating.
Carton-closing staples are generally made Preliminary Determination, Commerce
to American Society for Testing and [C–489–832] issued a Preliminary Scope Decision
Materials (ASTM) specification ASTM Memorandum to address these
D1974/D1974M–16, but can also be made to Carbon and Alloy Steel Wire Rod From comments and made no changes to the
other specifications. Regardless of the Republic of Turkey: Final
specification, however, all carton-closing Affirmative Countervailing Duty 1 See Carbon and Alloy Steel Wire Rod from the
staples meeting the scope description are Determination and Final Affirmative Republic of Turkey: Preliminary Affirmative
included in the scope. Carton-closing staples Countervailing Duty Determination and Preliminary
Critical Circumstances Determination, Affirmative Critical Circumstances Determination,
include stick staple products, often referred in Part
to as staple strips, and roll staple products, in Part, 82 FR 41929 (September 5, 2017)
(Preliminary Determination).
often referred to as coils. Stick staples are AGENCY: Enforcement and Compliance, 2 See Memorandum for The Record from
lightly cemented or lacquered together to International Trade Administration, Christian Marsh, Deputy Assistant Secretary for
facilitate handling and loading into stapling Department of Commerce. Enforcement and Compliance, performing the non-
machines. Roll staples are taped together exclusive functions and duties of the Assistant
along their crowns. Carton-closing staples are SUMMARY: The Department of Commerce Secretary for Enforcement and Compliance,
covered regardless of whether they are (Commerce) determines that ‘‘Deadlines Affected by the Shutdown of the
imported in stick form or roll form. countervailable subsidies are being Federal Government’’, dated January 23, 2018. All
daltland on DSKBBV9HB2PROD with NOTICES
Carton-closing staples vary by the size of provided to exporters and producers of deadlines in this segment of the proceeding have
the wire, the width of the crown, and the been extended by 3 days.
carbon and alloy steel wire rod (wire 3 See Memorandum, ‘‘Issues and Decision
length of the leg. The nominal leg length rod) from the Republic of Turkey Memorandum for the Final Determination in the
ranges from 0.4095 inch to 1.375 inches and (Turkey) for the period of investigation Countervailing Duty Investigation of Carbon and
the nominal crown width ranges from 1.125 Alloy Steel Wire Rod from the Republic of Turkey,’’
inches to 1.375 inches. The size of the wire
(POI), January 1, 2016, through
dated concurrently with this determination and
used in the production of carton-closing December 31, 2016. hereby adopted by this notice (Issues and Decision
staples varies from 0.029 to 0.064 inch DATES: Applicable March 28, 2018. Memorandum).
VerDate Sep<11>2014 20:30 Mar 27, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\28MRN1.SGM 28MRN1](https://thefederalregister.org/doc/83_FR_13296/page/4.svg)
Document Created: 2018-11-01 08:55:15
Document Modified: 2018-11-01 08:55:15
| 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 28, 2018. | |
| Contact | Irene Gorelik, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6905. | |
| FR Citation | 83 FR 13236 |
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