83_FR_39576 83 FR 39422 - Certain Steel Nails From Malaysia: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2016-2017

83 FR 39422 - Certain Steel Nails From Malaysia: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 154 (August 9, 2018)

Page Range39422-39424
FR Document2018-17050

The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on certain steel nails from Malaysia. This review covers the sales of two mandatory respondents, both of which we preliminarily determine to have made sales at less than normal value during the period of review, covering July 1, 2016, through June 30, 2017. In addition, we are rescinding the review in part with respect to 15 companies for which the request for review was timely withdrawn.

Federal Register, Volume 83 Issue 154 (Thursday, August 9, 2018)
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39422-39424]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17050]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


Certain Steel Nails From Malaysia: Preliminary Results and 
Partial Rescission of Antidumping Duty Administrative Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on certain steel 
nails from Malaysia. This review covers the sales of two mandatory 
respondents, both of which we preliminarily determine to have made 
sales at less than normal value during the period of review, covering 
July 1, 2016, through June 30, 2017. In addition, we are rescinding the 
review in part with respect to 15 companies for which the request for 
review was timely withdrawn.

DATES: Applicable August 9, 2018.

FOR FURTHER INFORMATION CONTACT: Edythe Artman or Madeline Heeren, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3931 or (202) 
482-9179, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    These preliminary results of review are made in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act). On 
September 13, 2017, Commerce published the notice of initiation for the 
administrative review.\1\ For a complete description of the events that 
followed the initiation of the review, see the Preliminary Decision 
Memorandum.\2\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
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 https://access.trade.gov and to all parties in the 
Central Records Unit, located in room B8094 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 42974 (September 13, 2017) (Initiation 
Notice).
    \2\ See Memorandum, ``Decision Memorandum for Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review: Certain Steel Nails from Malaysia; 2016-2017'', dated 
concurrently with this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the scope of the order are certain steel 
nails from Malaysia. For a complete description of the scope, see 
Appendix I of this notice.

Partial Rescission of Administrative Review

    In the Initiation Notice, we initiated a review of 19 companies. 
Subsequently, the petitioner, Mid Continent Steel & Wire, Inc., 
withdrew its request for review of 15 of the companies. No other 
parties had requested a review of these companies. Thus, in response to 
the petitioner's timely filed withdrawal request and pursuant to 19 CFR 
351.213(d)(1), we are rescinding the administrative review of the 
following companies: Airlift Trans Oceanic Pvt. Ltd.; Astrotech Steels 
Private Ltd.; Caribbean International Co. Ltd.; Dahnay Logistics Pvt. 
Ltd.; Flyjac Logistics Private Ltd.; Full Well Freight (Thailand) Co.; 
Hecny Transportation; Jinhai Hardware Co. Ltd.; Orient Containers Sdn. 
Bhd.; Orient Express Container Co., Ltd.; Scanwell Logistics (Malaysia) 
Sdn Bhd; Shanghai Haoray International Trade Co. Ltd.; Sino Connections 
Logistics; Tag Fasteners Sdn. Bhd.; and Topocean Consolidation 
Services.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. For a full description of the methodology 
underlying the preliminary results, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    We preliminarily determine that, for the period July 1, 2016, 
through June 30, 2017, the following weighted-average dumping margins 
exist: \3\
---------------------------------------------------------------------------

    \3\ Commerce has preliminarily determined to collapse, and treat 
as a single entity, affiliates Inmax Sdn. Bhd. and Inmax Industries 
Sdn. Bhd. (collectively, Inmax) and Region International Co. Ltd. 
and Region System Sdn. Bhd. (collectively Region). For a full 
discussion of the collapsing criteria, see the company-specific 
analysis memorandum, dated concurrently with this notice.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd...........            0.00
Region International Co. Ltd. and Region System Sdn. Bhd            1.33
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce will disclose to parties to the proceeding any 
calculations performed in connection with these preliminary results of 
review within five days after the date of publication of this 
notice.\4\ Interested parties may submit case briefs no later than 
seven days after the date on which the last verification report is 
issued in this administrative review.\5\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than five days 
after the deadline for filing case briefs.\6\ Parties who submit case 
or rebuttal briefs in this proceeding are encouraged to submit with 
each argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\7\ Case and rebuttal briefs 
should be filed using ACCESS.\8\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c)(1)(ii).
    \6\ See 19 CFR 351.309(d)(1).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance within 30 days of the date of publication of this notice.\9\ 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues 
parties intend to discuss. Issues raised in the hearing will be limited 
to those raised in the respective case and rebuttal briefs. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
the U.S. Department of

[[Page 39423]]

Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a date 
and time to be determined.\10\ Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Unless extended, Commerce intends to issue the final results of 
this administrative review, which will include the results of our 
analysis of all issues raised in the case briefs, within 120 days of 
publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\11\ The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\12\ We intend to issue instructions to CBP 15 
days after the publication date of the final results of this review.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.212(b).
    \12\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

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 of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Inmax and Region 
listed above will be equal to the weighted-average dumping margin 
established in the final results of this administrative review; (2) for 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which they were reviewed; (3) if the exporter is not a firm covered in 
this review, a prior review, or in the investigation but the producer 
is, the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be the all-others rate of 2.66 percent. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and sections 19 CFR 
351.213(h)(1) and 351.221(b)(4).

    Dated: August 3, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Order

    The merchandise covered by the antidumping duty order is certain 
steel nails having a nominal shaft length not exceeding 12 
inches.\13\ Certain steel nails include, but are not limited to, 
nails made from round wire and nails that are cut from flat-rolled 
steel. Certain steel nails may be of one piece construction or 
constructed of two or more pieces. Certain steel nails may be 
produced from any type of steel, and may have any type of surface 
finish, head type, shank, point type and shaft diameter. Finishes 
include, but are not limited to, coating in vinyl, zinc (galvanized, 
including but not limited to electroplating or hot dipping one or 
more times), phosphate, cement, and paint. Certain steel nails may 
have one or more surface finishes. Head styles include, but are not 
limited to, flat, projection, cupped, oval, brad, headless, double, 
countersunk, and sinker. Shank styles include, but are not limited 
to, smooth, barbed, screw threaded, ring shank and fluted. Screw-
threaded nails subject to this proceeding are driven using direct 
force and not by turning the nail using a tool that engages with the 
head. Point styles include, but are not limited to, diamond, needle, 
chisel and blunt or no point. Certain steel nails may be sold in 
bulk, or they may be collated in any manner using any material.
---------------------------------------------------------------------------

    \13\ The shaft length of certain steel nails with flat heads or 
parallel shoulders under the head shall be measured from under the 
head or shoulder to the tip of the point. The shaft length of all 
other certain steel nails shall be measured overall.
---------------------------------------------------------------------------

    Excluded from the scope of this order are certain steel nails 
packaged in combination with one or more non-subject articles, if 
the total number of nails of all types, in aggregate regardless of 
size, is less than 25. If packaged in combination with one or more 
non-subject articles, certain steel nails remain subject merchandise 
if the total number of nails of all types, in aggregate regardless 
of size, is equal to or greater than 25, unless otherwise excluded 
based on the other exclusions below.
    Also excluded from the scope are certain steel nails with a 
nominal shaft length of one inch or less that are (a) a component of 
an unassembled article, (b) the total number of nails is sixty (60) 
or less, and (c) the imported unassembled article falls into one of 
the following eight groupings: (1) Builders' joinery and carpentry 
of wood that are classifiable as windows, French-windows and their 
frames; (2) builders' joinery and carpentry of wood that are 
classifiable as doors and their frames and thresholds; (3) swivel 
seats with variable height adjustment; (4) seats that are 
convertible into beds (with the exception of those classifiable as 
garden seats or camping equipment); (5) seats of cane, osier, bamboo 
or similar materials; (6) other seats with wooden frames (with the 
exception of seats of a kind used for aircraft or motor vehicles); 
(7) furniture (other than seats) of wood (with the exception of i) 
medical, surgical, dental or veterinary furniture; and ii) barbers' 
chairs and similar chairs, having rotating as well as both reclining 
and elevating movements); or (8) furniture (other than seats) of 
materials other than wood, metal, or plastics (e.g., furniture of 
cane, osier, bamboo or similar materials). The aforementioned 
imported unassembled articles are currently classified under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 
9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or 
9403.89.
    Also excluded from the scope of this order are steel nails that 
meet the specifications of Type I, Style 20 nails as identified in 
Tables 29 through 33 of ASTM Standard F1667 (2013 revision).
    Also excluded from the scope of this order are nails suitable 
for use in powder-actuated hand tools, whether or not threaded, 
which are currently classified under HTSUS subheadings 7317.00.20.00 
and 7317.00.30.00.
    Also excluded from the scope of this order are nails having a 
case hardness greater than or equal to 50 on the Rockwell Hardness C 
scale (HRC), a carbon content greater than or equal to 0.5 percent, 
a round head, a secondary reduced-diameter raised head section, a 
centered shank, and a smooth symmetrical point, suitable for use in 
gas-actuated hand tools.
    Also excluded from the scope of this order are corrugated nails. 
A corrugated nail is made up of a small strip of corrugated steel 
with sharp points on one side.
    Also excluded from the scope of this order are thumb tacks, 
which are currently classified under HTSUS subheading 7317.00.10.00.
    Certain steel nails subject to this order are currently 
classified under HTSUS subheadings 7317.00.55.02, 7317.00.55.03, 
7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 
7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 
7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 
7317.00.55.80, 7317.00.55.90, 7317.00.65.30,

[[Page 39424]]

7317.00.65.60 and 7317.00.75.00. Certain steel nails subject to this 
order also may be classified under HTSUS subheadings 7907.00.60.00, 
7806.00.80.00, 7318.29.00.00, 8206.00.00.00 or other HTSUS 
subheadings.
    While the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of this order 
is dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Administrative Review
5. Collapsing of Affiliated Companies
6. Date of Sale
7. Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
8. Product Comparisons
9. Export Price
10. Normal Value
    A. Home Market Viability as Comparison Market
    B. Level of Trade
    C. Sales to Affiliates
    D. Cost of Production
1. Cost Averaging Methodology
    A. Significance of Cost Changes
    B. Linkage Between Sales and Cost Information
2. Calculation of COP
3. Test of Comparison Market Sales Prices
4. Results of the Cost of Production Test
    E. Calculation of Normal Value Based on Comparison Market Prices
    F. Price-to-Constructed Value Comparison
11. Currency Conversion
12. Verification
13. Recommendation

[FR Doc. 2018-17050 Filed 8-8-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                39422                        Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices

                                                19. Pudong Prime Int’l Logistics, Inc.                  review, see the Preliminary Decision                  preliminary results, see the Preliminary
                                                20. Qinhuangdao Xingtai Trade Co., Ltd.                 Memorandum.2 A list of topics included                Decision Memorandum.
                                                21. S.D. Linghua M.S.G. Incorporated Co.                in the Preliminary Decision
                                                22. Shandong Linghua Monosodium                                                                               Preliminary Results of Review
                                                                                                        Memorandum is included as Appendix
                                                     Glutamate Incorporated Company                                                                             We preliminarily determine that, for
                                                23. Shanghai Totole Food Ltd.                           II to this notice. The Preliminary
                                                                                                        Decision Memorandum is a public                       the period July 1, 2016, through June 30,
                                                24. Shijiazhuang Standard Imp & Exp Co.,
                                                     Ltd.                                               document and is on file electronically                2017, the following weighted-average
                                                25. Sunrise (HK) International Enterprise               via Enforcement and Compliance’s                      dumping margins exist: 3
                                                     Limited                                            Antidumping and Countervailing Duty
                                                26. Tongliao Meihua Biological Sci-Tech Co.,            Centralized Electronic Service System                                                              Weighted-
                                                     Ltd.                                                                                                                                                   average
                                                                                                        (ACCESS). ACCESS is available to                               Producer/exporter                   dumping
                                                27. Zhejiang Medicines & Health
                                                                                                        registered users at https://                                                                        margin
                                                [FR Doc. 2018–17049 Filed 8–8–18; 8:45 am]              access.trade.gov and to all parties in the                                                         (percent)
                                                BILLING CODE 3510–DS–P                                  Central Records Unit, located in room
                                                                                                                                                              Inmax Sdn. Bhd. and Inmax
                                                                                                        B8094 of the main Department of                         Industries Sdn. Bhd ..........                    0.00
                                                                                                        Commerce building. In addition, a                     Region International Co. Ltd.
                                                DEPARTMENT OF COMMERCE                                  complete version of the Preliminary                     and Region System Sdn.
                                                                                                        Decision Memorandum can be accessed                     Bhd ....................................          1.33
                                                International Trade Administration                      directly at http://enforcement.trade.gov/
                                                [A–557–816]                                             frn/. The signed and the electronic                   Disclosure and Public Comment
                                                                                                        versions of the Preliminary Decision
                                                Certain Steel Nails From Malaysia:                                                                               Commerce will disclose to parties to
                                                                                                        Memorandum are identical in content.
                                                Preliminary Results and Partial                                                                               the proceeding any calculations
                                                Rescission of Antidumping Duty                          Scope of the Order                                    performed in connection with these
                                                Administrative Review; 2016–2017                                                                              preliminary results of review within five
                                                                                                          The products covered by the scope of                days after the date of publication of this
                                                AGENCY:  Enforcement and Compliance,                    the order are certain steel nails from                notice.4 Interested parties may submit
                                                International Trade Administration,                     Malaysia. For a complete description of               case briefs no later than seven days after
                                                Department of Commerce.                                 the scope, see Appendix I of this notice.             the date on which the last verification
                                                SUMMARY: The Department of Commerce                     Partial Rescission of Administrative                  report is issued in this administrative
                                                (Commerce) is conducting an                             Review                                                review.5 Rebuttal briefs, limited to
                                                administrative review of the                                                                                  issues raised in the case briefs, may be
                                                antidumping duty order on certain steel                    In the Initiation Notice, we initiated a           filed no later than five days after the
                                                nails from Malaysia. This review covers                 review of 19 companies. Subsequently,                 deadline for filing case briefs.6 Parties
                                                the sales of two mandatory respondents,                 the petitioner, Mid Continent Steel &                 who submit case or rebuttal briefs in
                                                both of which we preliminarily                          Wire, Inc., withdrew its request for                  this proceeding are encouraged to
                                                determine to have made sales at less                    review of 15 of the companies. No other               submit with each argument: (1) A
                                                than normal value during the period of                  parties had requested a review of these               statement of the issue; (2) a brief
                                                review, covering July 1, 2016, through                  companies. Thus, in response to the                   summary of the argument; and (3) a
                                                June 30, 2017. In addition, we are                      petitioner’s timely filed withdrawal                  table of authorities.7 Case and rebuttal
                                                rescinding the review in part with                      request and pursuant to 19 CFR                        briefs should be filed using ACCESS.8
                                                respect to 15 companies for which the                   351.213(d)(1), we are rescinding the                     Interested parties who wish to request
                                                request for review was timely                           administrative review of the following                a hearing must submit a written request
                                                withdrawn.                                              companies: Airlift Trans Oceanic Pvt.                 to the Assistant Secretary for
                                                                                                        Ltd.; Astrotech Steels Private Ltd.;                  Enforcement and Compliance within 30
                                                DATES: Applicable August 9, 2018.
                                                                                                        Caribbean International Co. Ltd.;                     days of the date of publication of this
                                                FOR FURTHER INFORMATION CONTACT:                        Dahnay Logistics Pvt. Ltd.; Flyjac                    notice.9 Requests should contain: (1)
                                                Edythe Artman or Madeline Heeren,                       Logistics Private Ltd.; Full Well Freight             The party’s name, address and
                                                AD/CVD Operations, Office VI,                           (Thailand) Co.; Hecny Transportation;                 telephone number; (2) the number of
                                                Enforcement and Compliance,                             Jinhai Hardware Co. Ltd.; Orient                      participants; and (3) a list of issues
                                                International Trade Administration,                     Containers Sdn. Bhd.; Orient Express                  parties intend to discuss. Issues raised
                                                U.S. Department of Commerce, 1401                       Container Co., Ltd.; Scanwell Logistics               in the hearing will be limited to those
                                                Constitution Avenue NW, Washington,                     (Malaysia) Sdn Bhd; Shanghai Haoray                   raised in the respective case and
                                                DC 20230; telephone: (202) 482–3931 or                  International Trade Co. Ltd.; Sino                    rebuttal briefs. If a request for a hearing
                                                (202) 482–9179, respectively.                           Connections Logistics; Tag Fasteners                  is made, Commerce intends to hold the
                                                SUPPLEMENTARY INFORMATION:                              Sdn. Bhd.; and Topocean Consolidation                 hearing at the U.S. Department of
                                                Background                                              Services.
                                                                                                                                                                3 Commerce has preliminarily determined to
                                                  These preliminary results of review                   Methodology                                           collapse, and treat as a single entity, affiliates Inmax
                                                are made in accordance with section                       Commerce is conducting this review                  Sdn. Bhd. and Inmax Industries Sdn. Bhd.
                                                751 of the Tariff Act of 1930, as                       in accordance with section 751(a)(1)(B)
                                                                                                                                                              (collectively, Inmax) and Region International Co.
                                                amended (the Act). On September 13,                                                                           Ltd. and Region System Sdn. Bhd. (collectively
                                                                                                        of the Act. For a full description of the
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              Region). For a full discussion of the collapsing
                                                2017, Commerce published the notice of                  methodology underlying the                            criteria, see the company-specific analysis
                                                initiation for the administrative review.1                                                                    memorandum, dated concurrently with this notice.
                                                For a complete description of the events                  2 See Memorandum, ‘‘Decision Memorandum for
                                                                                                                                                                4 See 19 CFR 351.224(b).

                                                that followed the initiation of the                     Preliminary Results and Partial Rescission of
                                                                                                                                                                5 See 19 CFR 351.309(c)(1)(ii).
                                                                                                                                                                6 See 19 CFR 351.309(d)(1).
                                                                                                        Antidumping Duty Administrative Review: Certain
                                                  1 See Initiation of Antidumping and                                                                           7 See 19 CFR 351.309(c)(2) and (d)(2).
                                                                                                        Steel Nails from Malaysia; 2016–2017’’, dated
                                                                                                                                                                8 See 19 CFR 351.303.
                                                Countervailing Duty Administrative Reviews, 82 FR       concurrently with this notice (Preliminary Decision
                                                42974 (September 13, 2017) (Initiation Notice).         Memorandum).                                            9 See 19 CFR 351.310(c).




                                           VerDate Sep<11>2014   18:11 Aug 08, 2018   Jkt 244001   PO 00000   Frm 00021   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM    09AUN1


                                                                              Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices                                                    39423

                                                Commerce, 1401 Constitution Avenue                      These cash deposit requirements, when                     merchandise if the total number of nails of
                                                NW, Washington, DC 20230, at a date                     imposed, shall remain in effect until                     all types, in aggregate regardless of size, is
                                                and time to be determined.10 Parties                    further notice.                                           equal to or greater than 25, unless otherwise
                                                                                                                                                                  excluded based on the other exclusions
                                                should confirm by telephone the date,
                                                                                                        Notification to Importers                                 below.
                                                time, and location of the hearing two                                                                                Also excluded from the scope are certain
                                                days before the scheduled date.                            This notice also serves as a reminder                  steel nails with a nominal shaft length of one
                                                   Unless extended, Commerce intends                    to importers of their responsibility                      inch or less that are (a) a component of an
                                                to issue the final results of this                      under 19 CFR 351.402(f)(2) to file a                      unassembled article, (b) the total number of
                                                administrative review, which will                       certificate regarding the reimbursement                   nails is sixty (60) or less, and (c) the imported
                                                include the results of our analysis of all              of antidumping duties prior to                            unassembled article falls into one of the
                                                issues raised in the case briefs, within                liquidation of the relevant entries                       following eight groupings: (1) Builders’
                                                120 days of publication of these                        during this review period. Failure to                     joinery and carpentry of wood that are
                                                preliminary results in the Federal                      comply with this requirement could                        classifiable as windows, French-windows
                                                                                                                                                                  and their frames; (2) builders’ joinery and
                                                Register, pursuant to section                           result in Commerce’s presumption that                     carpentry of wood that are classifiable as
                                                751(a)(3)(A) of the Act.                                reimbursement of antidumping duties                       doors and their frames and thresholds; (3)
                                                                                                        occurred and the subsequent assessment                    swivel seats with variable height adjustment;
                                                Assessment Rates
                                                                                                        of double antidumping duties.                             (4) seats that are convertible into beds (with
                                                   Upon completion of the                                                                                         the exception of those classifiable as garden
                                                administrative review, Commerce shall                   Notification to Interested Parties                        seats or camping equipment); (5) seats of
                                                determine, and U.S. Customs and                           We are issuing and publishing this                      cane, osier, bamboo or similar materials; (6)
                                                Border Protection (CBP) shall assess,                   notice in accordance with sections                        other seats with wooden frames (with the
                                                antidumping duties on all appropriate                   751(a)(1) and 777(i)(1) of the Act and                    exception of seats of a kind used for aircraft
                                                entries covered by this review.11 The                   sections 19 CFR 351.213(h)(1) and                         or motor vehicles); (7) furniture (other than
                                                                                                                                                                  seats) of wood (with the exception of i)
                                                final results of this review shall be the               351.221(b)(4).
                                                                                                                                                                  medical, surgical, dental or veterinary
                                                basis for the assessment of antidumping                   Dated: August 3, 2018.                                  furniture; and ii) barbers’ chairs and similar
                                                duties on entries of merchandise                        Christian Marsh,                                          chairs, having rotating as well as both
                                                covered by the final results of this                    Deputy Assistant Secretary for Enforcement                reclining and elevating movements); or (8)
                                                review and for future deposits of                       and Compliance.                                           furniture (other than seats) of materials other
                                                estimated duties, where applicable.12                                                                             than wood, metal, or plastics (e.g., furniture
                                                We intend to issue instructions to CBP                  Appendix I—Scope of the Order                             of cane, osier, bamboo or similar materials).
                                                15 days after the publication date of the                                                                         The aforementioned imported unassembled
                                                                                                           The merchandise covered by the
                                                final results of this review.                                                                                     articles are currently classified under the
                                                                                                        antidumping duty order is certain steel nails
                                                                                                                                                                  following Harmonized Tariff Schedule of the
                                                                                                        having a nominal shaft length not exceeding
                                                Cash Deposit Requirements                               12 inches.13 Certain steel nails include, but
                                                                                                                                                                  United States (HTSUS) subheadings: 4418.10,
                                                                                                                                                                  4418.20, 9401.30, 9401.40, 9401.51, 9401.59,
                                                   The following cash deposit                           are not limited to, nails made from round
                                                                                                                                                                  9401.61, 9401.69, 9403.30, 9403.40, 9403.50,
                                                requirements will be effective upon                     wire and nails that are cut from flat-rolled
                                                                                                                                                                  9403.60, 9403.81 or 9403.89.
                                                publication of the final results of this                steel. Certain steel nails may be of one piece
                                                                                                                                                                     Also excluded from the scope of this order
                                                administrative review for all shipments                 construction or constructed of two or more
                                                                                                                                                                  are steel nails that meet the specifications of
                                                                                                        pieces. Certain steel nails may be produced
                                                of the subject merchandise entered, or                  from any type of steel, and may have any                  Type I, Style 20 nails as identified in Tables
                                                withdrawn from warehouse, for                           type of surface finish, head type, shank, point           29 through 33 of ASTM Standard F1667
                                                consumption on or after the publication                 type and shaft diameter. Finishes include,                (2013 revision).
                                                date of the final results of this                       but are not limited to, coating in vinyl, zinc               Also excluded from the scope of this order
                                                administrative review, as provided by                   (galvanized, including but not limited to                 are nails suitable for use in powder-actuated
                                                                                                        electroplating or hot dipping one or more                 hand tools, whether or not threaded, which
                                                section 751(a)(2)(C) of the Act: (1) The                                                                          are currently classified under HTSUS
                                                cash deposit rate for Inmax and Region                  times), phosphate, cement, and paint. Certain
                                                                                                        steel nails may have one or more surface                  subheadings 7317.00.20.00 and
                                                listed above will be equal to the                                                                                 7317.00.30.00.
                                                                                                        finishes. Head styles include, but are not
                                                weighted-average dumping margin                         limited to, flat, projection, cupped, oval,                  Also excluded from the scope of this order
                                                established in the final results of this                brad, headless, double, countersunk, and                  are nails having a case hardness greater than
                                                administrative review; (2) for previously               sinker. Shank styles include, but are not                 or equal to 50 on the Rockwell Hardness C
                                                reviewed or investigated companies not                  limited to, smooth, barbed, screw threaded,               scale (HRC), a carbon content greater than or
                                                listed above, the cash deposit rate will                ring shank and fluted. Screw-threaded nails               equal to 0.5 percent, a round head, a
                                                continue to be the company-specific rate                subject to this proceeding are driven using               secondary reduced-diameter raised head
                                                                                                        direct force and not by turning the nail using            section, a centered shank, and a smooth
                                                published for the most recently                                                                                   symmetrical point, suitable for use in gas-
                                                completed segment of this proceeding in                 a tool that engages with the head. Point styles
                                                                                                        include, but are not limited to, diamond,                 actuated hand tools.
                                                which they were reviewed; (3) if the                                                                                 Also excluded from the scope of this order
                                                                                                        needle, chisel and blunt or no point. Certain
                                                exporter is not a firm covered in this                  steel nails may be sold in bulk, or they may              are corrugated nails. A corrugated nail is
                                                review, a prior review, or in the                       be collated in any manner using any material.             made up of a small strip of corrugated steel
                                                investigation but the producer is, the                     Excluded from the scope of this order are              with sharp points on one side.
                                                cash deposit rate will be the rate                      certain steel nails packaged in combination                  Also excluded from the scope of this order
                                                established for the most recently                       with one or more non-subject articles, if the             are thumb tacks, which are currently
                                                completed segment of this proceeding                    total number of nails of all types, in aggregate          classified under HTSUS subheading
                                                                                                                                                                  7317.00.10.00.
sradovich on DSK3GMQ082PROD with NOTICES




                                                for the producer of the merchandise;                    regardless of size, is less than 25. If packaged
                                                                                                        in combination with one or more non-subject                  Certain steel nails subject to this order are
                                                and (4) the cash deposit rate for all other                                                                       currently classified under HTSUS
                                                                                                        articles, certain steel nails remain subject
                                                producers or exporters will continue to                                                                           subheadings 7317.00.55.02, 7317.00.55.03,
                                                be the all-others rate of 2.66 percent.                    13 The shaft length of certain steel nails with flat   7317.00.55.05, 7317.00.55.07, 7317.00.55.08,
                                                                                                        heads or parallel shoulders under the head shall be       7317.00.55.11, 7317.00.55.18, 7317.00.55.19,
                                                  10 See 19 CFR 351.310(d).                             measured from under the head or shoulder to the           7317.00.55.20, 7317.00.55.30, 7317.00.55.40,
                                                  11 See 19 CFR 351.212(b).                             tip of the point. The shaft length of all other certain   7317.00.55.50, 7317.00.55.60, 7317.00.55.70,
                                                  12 See section 751(a)(2)(C) of the Act.               steel nails shall be measured overall.                    7317.00.55.80, 7317.00.55.90, 7317.00.65.30,



                                           VerDate Sep<11>2014   18:11 Aug 08, 2018   Jkt 244001   PO 00000   Frm 00022   Fmt 4703   Sfmt 4703    E:\FR\FM\09AUN1.SGM    09AUN1


                                                39424                        Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices

                                                7317.00.65.60 and 7317.00.75.00. Certain                   Number of Respondents: 279.                          Affected Public: Business or other for-
                                                steel nails subject to this order also may be                                                                 profit organizations; individuals or
                                                                                                           Average Hours per Response: 35
                                                classified under HTSUS subheadings                                                                            households.
                                                7907.00.60.00, 7806.00.80.00, 7318.29.00.00,            minutes for a vessel permit application;
                                                                                                        10 minutes for an operator permit                       Frequency: On occasion, monthly and
                                                8206.00.00.00 or other HTSUS subheadings.
                                                  While the HTSUS subheadings are                       application, a notification of vessel                 upon request.
                                                provided for convenience and customs                    arrival or departure, a change in permit                Respondent’s Obligation: Mandatory.
                                                purposes, the written description of the                operator; a notification of a net                       This information collection request
                                                scope of this order is dispositive.                     modification or a monthly tuna storage                may be viewed at reginfo.gov. Follow
                                                                                                        removal report; 30 minutes for a request              the instructions to view Department of
                                                Appendix II—List of Topics Discussed                                                                          Commerce collections currently under
                                                in the Preliminary Decision                             for a waiver to transit the ETP without
                                                                                                        a permit (and subsequent radio                        review by OMB.
                                                Memorandum                                                                                                      Written comments and
                                                                                                        reporting) or for a special report
                                                1. Summary                                              documenting the origin of tuna (if                    recommendations for the proposed
                                                2. Background                                           requested by the NOAA Administrator);                 information collection should be sent
                                                3. Scope of the Order                                                                                         within 30 days of publication of this
                                                                                                        10 hours for an experimental fishing
                                                4. Partial Rescission of Administrative                                                                       notice to OIRA_Submission@
                                                     Review                                             operation waiver; 15 minutes for a
                                                                                                        request for a Dolphin Mortality Limit;                omb.eop.gov or fax to (202) 395–5806.
                                                5. Collapsing of Affiliated Companies
                                                6. Date of Sale                                         35 minutes for written notification to                  Dated: August 6, 2018.
                                                7. Comparisons to Normal Value                          request active status for a small tuna                Sarah Brabson,
                                                   A. Determination of Comparison Method                purse seine vessel; 5 minutes for written             NOAA PRA Clearance Officer.
                                                   B. Results of the Differential Pricing               notification to request inactive status for           [FR Doc. 2018–17056 Filed 8–8–18; 8:45 am]
                                                     Analysis                                           a small tuna purse seine vessel or for
                                                8. Product Comparisons                                                                                        BILLING CODE 3510–22–P
                                                                                                        written notification of the intent to
                                                9. Export Price
                                                                                                        transfer a tuna purse seine vessel to
                                                10. Normal Value
                                                   A. Home Market Viability as Comparison               foreign registry and flag; 60 minutes for             DEPARTMENT OF COMMERCE
                                                     Market                                             a tuna tracking form or for a monthly
                                                   B. Level of Trade                                    tuna receiving report; 30 minutes for                 National Oceanic and Atmospheric
                                                   C. Sales to Affiliates                               IMO application or exemption request;                 Administration
                                                   D. Cost of Production                                30 minutes for chain of custody
                                                1. Cost Averaging Methodology                           recordkeeping reporting requirement.                  RIN 0648–XG383
                                                   A. Significance of Cost Changes
                                                   B. Linkage Between Sales and Cost
                                                                                                           Burden Hours: 248.                                 Takes of Marine Mammals Incidental to
                                                     Information                                           Needs and Uses: This request is to                 Specified Activities; Taking Marine
                                                2. Calculation of COP                                   extend this information collection.                   Mammals Incidental to the Gustavus
                                                3. Test of Comparison Market Sales Prices                  National Oceanic and Atmospheric                   Ferry Terminal Improvements Project
                                                4. Results of the Cost of Production Test
                                                   E. Calculation of Normal Value Based on
                                                                                                        Administration (NOAA) collects                        AGENCY:  National Marine Fisheries
                                                     Comparison Market Prices                           information to implement the                          Service (NMFS), National Oceanic and
                                                   F. Price-to-Constructed Value Comparison             International Dolphin Conservation                    Atmospheric Administration (NOAA),
                                                11. Currency Conversion                                 Program Act (Act). The Act allows entry               Commerce.
                                                12. Verification                                        of yellowfin tuna into the United States
                                                                                                                                                              ACTION: Notice; proposed issuance of an
                                                13. Recommendation                                      (U.S.), under specific conditions, from
                                                                                                                                                              Incidental Harassment Authorization;
                                                [FR Doc. 2018–17050 Filed 8–8–18; 8:45 am]              nations in the International Dolphin
                                                                                                                                                              request for comments.
                                                BILLING CODE 3510–DS–P
                                                                                                        Conservation Program that would
                                                                                                        otherwise be under embargo. The Act                   SUMMARY:    NMFS has received a request
                                                                                                        also allows U.S. fishing vessels to                   from the Alaska Department of
                                                DEPARTMENT OF COMMERCE                                  participate in the yellowfin tuna fishery             Transportation and Public Facilities
                                                                                                        in the eastern tropical Pacific Ocean                 (ADOT&PF) to issue an incidental
                                                National Oceanic and Atmospheric                        (ETP) on terms equivalent with the                    harassment authorization (IHA) for
                                                Administration                                          vessels of other nations. NOAA collects               activities that were not conducted under
                                                                                                        information to allow tracking and                     an existing IHA. NMFS previously
                                                Submission for OMB Review;                              verification of ‘‘dolphin-safe’’ and ‘‘non-           issued an IHA to ADOT&PF to
                                                Comment Request                                         dolphin safe’’ tuna products from catch               incidentally take seven species of
                                                  The Department of Commerce will                       through the U.S. market.                              marine mammal, by Level A and Level
                                                submit to the Office of Management and                     The regulations implementing the Act               B harassment, during construction
                                                Budget (OMB) for clearance the                          are at 50 CFR parts 216 and 300. The                  activities associated with the Gustavus
                                                following proposal for collection of                    recordkeeping and reporting                           Ferry Terminal Improvements project in
                                                information under the provisions of the                 requirements at 50 CFR parts 216 and                  Gustavus, Alaska. The IHA, issued on
                                                Paperwork Reduction Act (44 U.S.C.                      300 form the basis for this collection of             April 4, 2017 (82 FR 17209; April 10,
                                                Chapter 35).                                            information. This collection includes                 2017), is valid from December 15, 2017
                                                  Agency: National Oceanic and                          permit applications, notifications, tuna              through December 14, 2018. However,
                                                                                                        tracking forms, reports, and                          ADOT&PF was unable to conduct any of
sradovich on DSK3GMQ082PROD with NOTICES




                                                Atmospheric Administration (NOAA).
                                                  Title: International Dolphin                          certifications that provide information               the work and, therefore, has requested
                                                Conservation Program.                                   on vessel characteristics and operations              that NMFS re-issue the IHA with the
                                                  OMB Control Number: 0648–0387.                        in the ETP, the origin of tuna and tuna               dates changed to accommodate the
                                                  Form Number(s): None.                                 products, chain of custody                            analyzed work with minor
                                                  Type of Request: Regular (extension of                recordkeeping requirements and certain                modifications to the number of piles
                                                a currently approved information                        other information necessary to                        driven. The proposed IHA would
                                                collections).                                           implement the Act.                                    authorize work for the ferry


                                           VerDate Sep<11>2014   18:11 Aug 08, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4703   Sfmt 4703   E:\FR\FM\09AUN1.SGM   09AUN1



Document Created: 2018-08-09 01:11:36
Document Modified: 2018-08-09 01:11:36
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 August 9, 2018.
ContactEdythe Artman or Madeline Heeren, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3931 or (202) 482-9179, respectively.
FR Citation83 FR 39422 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR