83_FR_32766 83 FR 32631 - Certain Steel Nails From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review

83 FR 32631 - Certain Steel Nails From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Administrative Review and Notice of Amended Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 135 (July 13, 2018)

Page Range32631-32632
FR Document2018-15011

On June 19, 2018, the United States Court of International Trade (Court) issued its final judgment in Xi'an Metals & Minerals Import & Export Co., Ltd. v. United States, Consol. Court No. 15-00109, sustaining, in part, and vacating, in part, the U.S. Department of Commerce's (Commerce) final remand results in the fifth administrative review of certain steel nails from the People's Republic of China (China). Commerce is notifying the public that the final judgment in this case is not in harmony with Commerce's final results of the administrative review, covering the period of review (POR) August 1, 2012, through July 31, 2013, and that Commerce is amending the final results with respect to the dumping margin assigned to The Stanley Works (Langfang) Fastening Systems Co., Ltd. (Stanley). The margin for Xi'an Metals & Minerals Import & Export Co., Ltd. (Xi'an Metals) remains unchanged as a result of the Court's final judgment.

Federal Register, Volume 83 Issue 135 (Friday, July 13, 2018) 
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32631-32632]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15011]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: Notice 
of Court Decision Not in Harmony With the Final Results of 
Administrative Review and Notice of Amended Final Results of 
Antidumping Duty Administrative Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 19, 2018, the United States Court of International 
Trade (Court) issued its final judgment in Xi'an Metals & Minerals 
Import & Export Co., Ltd. v. United States, Consol. Court No. 15-00109, 
sustaining, in part, and vacating, in part, the U.S. Department of 
Commerce's (Commerce) final remand results in the fifth administrative 
review of certain steel nails from the People's Republic of China 
(China). Commerce is notifying the public that the final judgment in 
this case is not in harmony with Commerce's final results of the 
administrative review, covering the period of review (POR) August 1, 
2012, through July 31, 2013, and that Commerce is amending the final 
results with respect to the dumping margin assigned to The Stanley 
Works (Langfang) Fastening Systems Co., Ltd. (Stanley). The margin for 
Xi'an Metals & Minerals Import & Export Co., Ltd. (Xi'an Metals) 
remains unchanged as a result of the Court's final judgment.

DATES: Applicable June 19, 2018.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, 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.

SUPPLEMENTARY INFORMATION:

Background

    On April 8, 2015, Commerce issued the Final Results, in which it 
determined weighted-average dumping margins of 13.19 percent for 
Stanley and 72.52 percent Xi'an Metals.\1\ On September 6, 2017, the 
Court remanded to Commerce certain aspects of the Final Results, 
ordering Commerce to reconsider, in relevant part: (1) The potential 
double counting of certain labor costs by including line items such as 
``Salary & Bonus,'' ``Welfare,'' and ``Social Security and 
Compensation'' as selling, general, and administrative (SG&A) expenses 
in the surrogate financial ratios; \2\ and (2) the presence of a 
transcription error in Stanley's post-verification factors of 
production (FOP) database.\3\
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    \1\ See Certain Steel Nails from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review, 2012-2013, 
80 FR 18816 (April 8, 2015) and accompanying Issues and Decision 
Memorandum (Final Results).
    \2\ See Xi'an Metals & Minerals Import & Export Co., Ltd. v. 
United States, 256 F.Supp. 3d 1346, 1356 (CIT September 6, 2017) 
(Remand Order).
    \3\ Id., at 1359.
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    On December 21, 2017, Commerce filed the AR5 Remand Redetermination 
with the Court.\4\ Under respectful protest, Commerce recalculated the 
surrogate financial ratios by reclassifying certain labor-related line 
items from the selling, general, and administrative expenses numerator, 
to the materials, labor, and energy denominator of the financial 
ratios.\5\ Additionally, under respectful protest, Commerce corrected 
the transcription error present in Stanley's post-verification FOP 
database.\6\ As a result of these modifications, there were changes to 
the dumping margins assigned to both Xi'an Metals and Stanley. The 
resulting antidumping margins for Xi'an Metals and Stanley were 64.27 
percent and 8.04 percent, respectively.\7\
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    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Consol. Court No. 15-00109, Slip Op. 17-120 (CIT 2017), 
dated December 21, 2017 (AR5 Remand Redetermination), available at 
http://enforcement.trade.gov/remands/17-120.pdf.
    \5\ Id., at 7-14.
    \6\ Id., at 15-16.
    \7\ Id., at 19.
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    On June 19, 2018, the Court sustained the AR5 Remand 
Redetermination with respect to the correction of the transcription 
error in Stanley's FOP database.\8\ In addition, the Court vacated the 
remand order with respect to the issue of the calculation of the 
surrogate financial ratios, and reinstated this aspect of Commerce's 
Final Results.\9\ In light of the Court's Final Judgment, the dumping 
margin for Xi'an Metals is unchanged from its dumping margin assigned 
in the Final Results. Additionally, because the Court reinstated the 
Final Results with respect to the calculation of the surrogate 
financial ratios, for these amended final results, we recalculated 
Stanley's dumping margin to reflect only the correction of the 
transcription error in Stanley's FOP database.\10\
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    \8\ See Xi'an Metals & Minerals Import & Export Co., Ltd. v. 
United States, Consol. Court No. 15-00109, Slip Op. 18-70 (CIT June 
19, 2018) (Final Judgment) at 3.
    \9\ Id., at 2-3.
    \10\ See ``Amended Final Results for the Fifth Administrative 
Review of Certain Steel Nails from the People's Republic of China: 
Analysis Memorandum for Stanley,'' dated concurrently with this 
notice.

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[[Page 32632]]

Timken Notice

    In its decision in Timken, 893 F.2d at 341,\11\ as clarified by 
Diamond Sawblades,\12\ the Court of Appeals for the Federal Circuit 
(CAFC) held that, pursuant to section 516A(e) of the Tariff Act of 
1930, as amended (Act), Commerce must publish a notice of a court 
decision that is not ``in harmony'' with a Commerce determination and 
must suspend liquidation of entries pending a ``conclusive'' court 
decision. The Court's June 19, 2018, Final Judgment constitutes a final 
decision of the Court that is not in harmony with Commerce's Final 
Results. This notice is published in fulfillment of the publication 
requirement of Timken.
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    \11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \12\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision, Commerce is amending 
the Final Results with respect to Stanley. The revised weighted-average 
dumping margin for Stanley for the period August 1, 2012, through July 
31, 2013, is as follows:

------------------------------------------------------------------------
                                                            Weighted-
                        Exporter                          average margin
                                                            (percent)
------------------------------------------------------------------------
Stanley................................................           10.16
------------------------------------------------------------------------

    Commerce will continue the suspension of liquidation of the subject 
merchandise pending the expiration of the period of appeal or, if 
appealed, pending a final and conclusive court decision. In the event 
the Court's ruling is not appealed or, if appealed, upheld by the CAFC, 
Commerce will instruct U.S. Customs and Border Protection to assess 
antidumping duties on unliquidated entries of subject merchandise 
exported by Xi'an Metals and Stanley using the appropriate assessment 
rates.

Cash Deposit Requirements

    As stated in the AR5 Remand Redetermination, the cash deposit rate 
for Stanley has been superseded by cash deposit rates calculated in 
intervening administrative reviews of the antidumping duty order on 
certain steel nails from China.\13\ Thus, we will not alter Stanley's 
cash deposit rate.
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    \13\ See Certain Steel Nails from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2013-2014, 81 FR 14092 (March 16, 2016); Certain Steel Nails from 
the People's Republic of China: Final Results of Antidumping Duty 
Administrative Review, Final Determination of No Shipments and Final 
Partial Rescission; 2014-2015, 82 FR 14344 (March 20, 2017); and 
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, 83 FR 11683 (March 16, 
2018).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: July 6, 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.
[FR Doc. 2018-15011 Filed 7-12-18; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 32631 Topic to be considered: At this final DEPARTMENT OF COMMERCE labor costs by including line items such meeting of the current (2016–2018) as ‘‘Salary & Bonus,’’ ‘‘Welfare,’’ and ETTAC charter, interagency International Trade Administration ‘‘Social Security and Compensation’’ as representatives of the Trade Promotion [A–570–909] selling, general, and administrative Coordinating Committee’s (SG&A) expenses in the surrogate Environmental Trade Working Group Certain Steel Nails From the People’s financial ratios; 2 and (2) the presence of (TPCC ETWG) will respond to the Republic of China: Notice of Court a transcription error in Stanley’s post- recommendations that the ETTAC Decision Not in Harmony With the verification factors of production (FOP) presented to the Secretary of Final Results of Administrative Review database.3 and Notice of Amended Final Results On December 21, 2017, Commerce Commerce’s designee on May 15. The of Antidumping Duty Administrative filed the AR5 Remand Redetermination meeting will be co-chaired by senior with the Court.4 Under respectful officials from the International Trade Review protest, Commerce recalculated the Administration and the U.S. AGENCY: Enforcement and Compliance, surrogate financial ratios by Environmental Protection Agency. The International Trade Administration, reclassifying certain labor-related line ETTAC’s recommendations cover two Department of Commerce. items from the selling, general, and primary themes: (1) Recommendations SUMMARY: On June 19, 2018, the United administrative expenses numerator, to regarding how the U.S. Government can States Court of International Trade the materials, labor, and energy help level the playing field, address (Court) issued its final judgment in denominator of the financial ratios.5 barriers and increase opportunities for Xi’an Metals & Minerals Import & Additionally, under respectful protest, U.S. environmental exporters through Export Co., Ltd. v. United States, Commerce corrected the transcription market development efforts, export Consol. Court No. 15–00109, sustaining, error present in Stanley’s post- financing, and trade policy engagements in part, and vacating, in part, the U.S. verification FOP database.6 As a result and negotiations; and recommendations Department of Commerce’s (Commerce) of these modifications, there were aimed at improving the overall quality final remand results in the fifth changes to the dumping margins of services delivered by the U.S. administrative review of certain steel assigned to both Xi’an Metals and Government to U.S. environmental nails from the People’s Republic of Stanley. The resulting antidumping exporters through enhancements to China (China). Commerce is notifying margins for Xi’an Metals and Stanley digital tools aimed at improving lead the public that the final judgment in this were 64.27 percent and 8.04 percent, case is not in harmony with Commerce’s respectively.7 generation, lead dissemination, and On June 19, 2018, the Court sustained metrics and tracking. The final results of the administrative review, covering the period of review the AR5 Remand Redetermination with recommendations were developed by respect to the correction of the (POR) August 1, 2012, through July 31, the ETTAC’s three subcommittees: transcription error in Stanley’s FOP 2013, and that Commerce is amending Trade Promotion and Export Market database.8 In addition, the Court vacated the final results with respect to the Development, Professional Services and the remand order with respect to the dumping margin assigned to The Infrastructure Advancement, and Trade Stanley Works (Langfang) Fastening issue of the calculation of the surrogate Policy and American Competitiveness. Systems Co., Ltd. (Stanley). The margin financial ratios, and reinstated this OEEI will make the final agenda for Xi’an Metals & Minerals Import & aspect of Commerce’s Final Results.9 In available to the public at least one week Export Co., Ltd. (Xi’an Metals) remains light of the Court’s Final Judgment, the prior to the meeting. Please email unchanged as a result of the Court’s dumping margin for Xi’an Metals is amy.kreps@trade.gov or contact 202– final judgment. unchanged from its dumping margin 482–3835 for a copy. assigned in the Final Results. DATES: Applicable June 19, 2018. Additionally, because the Court Background: The ETTAC is mandated FOR FURTHER INFORMATION CONTACT: reinstated the Final Results with respect by Section 2313(c) of the Export Matthew Renkey, AD/CVD Operations to the calculation of the surrogate Enhancement Act of 1988, as amended, Office V, Enforcement and Compliance, financial ratios, for these amended final 15 U.S.C. 4728(c), to advise the International Trade Administration, results, we recalculated Stanley’s Environmental Trade Working Group of U.S. Department of Commerce, 1401 dumping margin to reflect only the the Trade Promotion Coordinating Constitution Avenue NW, Washington, correction of the transcription error in Committee, through the Secretary of DC 20230; telephone: (202) 482–2312. Stanley’s FOP database.10 Commerce, on the development and SUPPLEMENTARY INFORMATION: administration of programs to expand 2 See Xi’an Metals & Minerals Import & Export Background Co., Ltd. v. United States, 256 F.Supp. 3d 1346, U.S. exports of environmental On April 8, 2015, Commerce issued 1356 (CIT September 6, 2017) (Remand Order). technologies, goods, services, and 3 Id., at 1359. products. The ETTAC was originally the Final Results, in which it 4 See Final Results of Redetermination Pursuant chartered in May of 1994. It was most determined weighted-average dumping to Court Remand, Consol. Court No. 15–00109, Slip recently re-chartered until August 2018. margins of 13.19 percent for Stanley and Op. 17–120 (CIT 2017), dated December 21, 2017 72.52 percent Xi’an Metals.1 On (AR5 Remand Redetermination), available at http:// Dated: July 9, 2018. September 6, 2017, the Court remanded enforcement.trade.gov/remands/17-120.pdf. 5 Id., at 7–14. Man Cho, to Commerce certain aspects of the Final 6 Id., at 15–16. Results, ordering Commerce to sradovich on DSK3GMQ082PROD with NOTICES Deputy Director, Office of Energy and 7 Id., at 19. Environmental Industries. reconsider, in relevant part: (1) The 8 See Xi’an Metals & Minerals Import & Export [FR Doc. 2018–14994 Filed 7–12–18; 8:45 am] potential double counting of certain Co., Ltd. v. United States, Consol. Court No. 15– 00109, Slip Op. 18–70 (CIT June 19, 2018) (Final BILLING CODE 3510–DR–P 1 See Certain Steel Nails from the People’s Judgment) at 3. 9 Id., at 2–3. Republic of China: Final Results of Antidumping Duty Administrative Review, 2012–2013, 80 FR 10 See ‘‘Amended Final Results for the Fifth 18816 (April 8, 2015) and accompanying Issues and Administrative Review of Certain Steel Nails from Decision Memorandum (Final Results). Continued VerDate Sep<11>2014 16:47 Jul 12, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1

32632 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices Timken Notice Notification to Interested Parties description of the scope of this order, In its decision in Timken, 893 F.2d at This notice is issued and published in please see the accompanying 341,11 as clarified by Diamond accordance with sections 516A(e)(1), Preliminary Decision Memorandum.1 Sawblades,12 the Court of Appeals for 751(a)(1), and 777(i)(1) of the Act. Methodology the Federal Circuit (CAFC) held that, Dated: July 6, 2018. Commerce is conducting this review pursuant to section 516A(e) of the Tariff Gary Taverman, in accordance with sections 751(a) of Act of 1930, as amended (Act), Deputy Assistant Secretary for Antidumping the Tariff Act of 1930, as amended (the Commerce must publish a notice of a and Countervailing Duty Operations, Act). For a full description of the court decision that is not ‘‘in harmony’’ performing the non-exclusive functions and methodology underlying our with a Commerce determination and duties of the Assistant Secretary for conclusions, see the Preliminary must suspend liquidation of entries Enforcement and Compliance. Decision Memorandum. pending a ‘‘conclusive’’ court decision. [FR Doc. 2018–15011 Filed 7–12–18; 8:45 am] The Preliminary Decision The Court’s June 19, 2018, Final BILLING CODE 3510–DS–P Memorandum is a public document and Judgment constitutes a final decision of is on file electronically via Enforcement the Court that is not in harmony with and Compliance’s Antidumping and Commerce’s Final Results. This notice is DEPARTMENT OF COMMERCE Countervailing Duty Centralized published in fulfillment of the Electronic Service System (ACCESS). publication requirement of Timken. International Trade Administration ACCESS is available to registered users Amended Final Results [A–351–845] at https://access.trade.gov, and to all parties in the Central Records Unit, Because there is now a final court Certain Hot-Rolled Steel Flat Products room B8024 of the main Department of decision, Commerce is amending the From Brazil: Preliminary Results of the Commerce building. In addition, a Final Results with respect to Stanley. Antidumping Duty Administrative complete version of the Preliminary The revised weighted-average dumping Review; 2016–2017 Decision Memorandum can be found at margin for Stanley for the period August http://enforcement.trade.gov/frn/. The 1, 2012, through July 31, 2013, is as AGENCY: Enforcement and Compliance, International Trade Administration, signed Preliminary Decision follows: Memorandum and the electronic Department of Commerce. SUMMARY: The Department of Commerce version of the Preliminary Decision Weighted- average (Commerce) is conducting an Memorandum are identical in content. Exporter A list of the topics discussed in the margin administrative review of the (percent) antidumping duty order on certain hot- Preliminary Decision Memorandum is rolled steel flat products from Brazil. attached as the Appendix to this notice. Stanley .................................. 10.16 The period of review (POR) is March 22, Adverse Facts Available Commerce will continue the 2016, through Septemer 30, 2017. This Pursuant to section 776(a) and (b) of suspension of liquidation of the subject review covers six producers/exporters of the Act, Commerce has preliminarily merchandise pending the expiration of the subject merchandise. Commerce relied upon facts otherwise available the period of appeal or, if appealed, selected one mandatory respondent, with adverse inferences (AFA) for CSN pending a final and conclusive court Companhia Siderurgica Nacional (CSN), because this respondent did not respond decision. In the event the Court’s ruling for individual examination. We to Commerce’s antidumping duty is not appealed or, if appealed, upheld preliminarily determine that sales of questionnaire. For a complete by the CAFC, Commerce will instruct subject merchandise have been made explanation of the methodology and U.S. Customs and Border Protection to below normal value (NV) during the analysis underlying the preliminary assess antidumping duties on POR. We invite interested parties to application of AFA, see the Preliminary unliquidated entries of subject comment on these preliminary results. Decision Memorandum. merchandise exported by Xi’an Metals DATES: Applicable July 13, 2018. Adjustment for Export Subsidies and Stanley using the appropriate FOR FURTHER INFORMATION CONTACT: assessment rates. Peter Zukowski, AD/CVD Operations, In the original investigation, we Office I, Enforcement and Compliance, subtracted from the final dumping Cash Deposit Requirements margin of 33.14 percent the portion of International Trade Administration, As stated in the AR5 Remand U.S. Department of Commerce, 1401 CSN’s countervailing duty rate Redetermination, the cash deposit rate Constitution Avenue NW, Washington, attributable to export subsidies (4.07 for Stanley has been superseded by cash DC 20230; telephone: (202) 482–0189. percent) in order to calculate the cash- deposit rates calculated in intervening SUPPLEMENTARY INFORMATION: deposit rate of 29.07 percent.2 Since the administrative reviews of the publication of the Antidumping Duty antidumping duty order on certain steel Scope of the Order Order, we have not conducted an nails from China.13 Thus, we will not The products covered by this 1 See the Memorandum, ‘‘Certain Hot-Rolled Steel alter Stanley’s cash deposit rate. investigation are certain hot-rolled steel Flat Products from Brazil: Decision Memorandum flat products from Brazil. For a complete for Preliminary Results of the Antidumping Duty the People’s Republic of China: Analysis Administrative Review; 2016–2017’’ (dated Memorandum for Stanley,’’ dated concurrently with 14092 (March 16, 2016); Certain Steel Nails from concurrently with this Federal Register notice) sradovich on DSK3GMQ082PROD with NOTICES this notice. the People’s Republic of China: Final Results of (Preliminary Decision Memorandum). 11 See Timken Co. v. United States, 893 F.2d 337 Antidumping Duty Administrative Review, Final 2 See Certain Hot-Rolled Steel Flat Products from (Fed. Cir. 1990) (Timken). Determination of No Shipments and Final Partial Australia, Brazil, Japan, the Republic of Korea, the 12 See Diamond Sawblades Mfrs. Coalition v. Rescission; 2014–2015, 82 FR 14344 (March 20, Netherlands, the Republic of Turkey, and the United States, 626 F.3d 1374 (Fed. Cir. 2010) 2017); and Certain Steel Nails from the People’s United Kingdom: Amended Final Affirmative (Diamond Sawblades). Republic of China: Final Results of Antidumping Antidumping Determinations for Australia, the 13 See Certain Steel Nails from the People’s Duty Administrative Review and Final Republic of Korea, and the Republic of Turkey and Republic of China: Final Results of Antidumping Determination of No Shipments; 2015–2016, 83 FR Antidumping Duty Orders, 81 FR 67962 (October 3, Duty Administrative Review; 2013–2014, 81 FR 11683 (March 16, 2018). 2016) (Antidumping Duty Order). VerDate Sep<11>2014 16:47 Jul 12, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1


Document Created: 2018-07-13 01:04:15
Document Modified: 2018-07-13 01:04:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable June 19, 2018.
ContactMatthew Renkey, 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.
FR Citation83 FR 32631 
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