83 FR 4028 - Certain Steel Nails from the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2014-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 19 (January 29, 2018)

On August 7, 2017, the Department of Commerce (Commerce) published the preliminary results of the antidumping duty administrative review of certain steel nails (nails) from the Republic of Korea (Korea). The period of review (POR) is December 29, 2014, through June 30, 2016. As a result of our analysis of the comments and information received, these final results differ from the Preliminary Results with respect to Daejin Steel Co., (Daejin), but remain unchanged with respect to Korea Wire Co., Ltd. (Kowire). For the final weighted-average dumping margins, see the ``Final Results of Review'' section below.

[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4028-4030]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01593]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-874]


Certain Steel Nails from the Republic of Korea: Final Results of 
Antidumping Duty Administrative Review; 2014-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 7, 2017, the Department of Commerce (Commerce) 
published the preliminary results of the antidumping duty 
administrative review of certain steel nails (nails) from the Republic 
of Korea (Korea). The period of review (POR) is December 29, 2014, 
through June 30, 2016. As a result of our analysis of the comments and 
information received, these final results differ from the Preliminary 
Results with respect to Daejin Steel Co., (Daejin), but remain 
unchanged with respect to Korea Wire Co., Ltd. (Kowire). For the final 
weighted-average dumping margins, see the ``Final Results of Review'' 
section below.

DATES: Applicable January 29, 2018.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci or Trisha Tran, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-2923 or (202) 
482-4852, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2017, Commerce published the Preliminary Results.\1\ 
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to 
comment on our Preliminary Results. On September 22, 2017, Mid 
Continent Steel & Wire, Inc. (the petitioner), Daejin and Kowire 
submitted their case briefs.\2\ On September 27, 2017, the petitioner; 
Daejin and Kowire submitted their rebuttal briefs.\3\
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    \1\ See Certain Steel Nails from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission of Antidumping Duty Administrative Review; 2014-
2016, 82 FR 36749 (August 7, 2017) and accompanying Preliminary 
Decision Memorandum (Preliminary Results).
    \2\ See Petitioner's Case Brief, ``Certain Steel Nails from the 
Republic of Korea: Case Brief,'' dated September 22, 2017 
(Petitioner Case Brief); Daejin's Case Brief, ``Administrative 
Review of the Antidumping Order on Certain Steel Nails from Korea -- 
Comments on Preliminary Determination,'' dated September 22, 2017 
(Daejin Case Brief); Kowire's Case Brief, ``Steel Nails from the 
Republic of Korea,'' dated September 22, 2017 (Kowire Case Brief).
    \3\ See Petitioner's Rebuttal Brief, ``Certain Steel Nails from 
the Republic of Korea: Rebuttal Brief,'' dated September 27, 2017 
(Petitioner Rebuttal Brief); Daejin's Rebuttal Brief, 
``Administrative Review of the Antidumping Duty Order on Certain 
Steel Nails from Korea--Rebuttal Brief of Daejin Steel Company,'' 
dated September 27, 2017 (Daejin Rebuttal Brief); Kowire's Rebuttal 
Brief, ``Steel Nails from the Republic of Korea--Rebuttal Brief,'' 
dated September 27, 2017 (Kowire Rebuttal Brief).
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    Prior to the Preliminary Determination, on June 8, 2017, the 
petitioner alleged that a particular market situation (PMS) distorted 
production costs in the Korean steel nail industry.\4\ In the 
Preliminary Determination, we noted that we did not have the 
opportunity to consider the petitioner's PMS allegation for the 
purposes of the preliminary results.\5\ On October 23, 2017, we issued 
a post-preliminary determination regarding the petitioner's PMS 
allegation, and permitted parties to comment.\6\ On October 30, 2017, 
the petitioner submitted a case brief regarding its PMS allegation.\7\ 
On November 6, 2017, Daejin and Kowire submitted rebuttal briefs 
concerning the petitioner's PMS allegation.\8\ On September 6, 2017, 
Kowire requested a hearing.\9\ However, it subsequently withdrew its 
request for a hearing,\10\ and no other interested parties requested a 
hearing.
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    \4\ See Letter from the petitioner, ``Certain Steel Nails from 
Korea: Particular Market Situation Allegation,'' dated June 8, 2017.
    \5\ See Preliminary Determination, at 36750.
    \6\ See Memorandum, ``2014-2016 Antidumping Duty Administrative 
Review of Certain Steel Nails from the Republic of Korea: Post-
Preliminary Decision on Particular Market Situation Allegation,'' 
dated October 23, 2017.
    \7\ See Petitioner's PMS Brief, ``Certain Steel Nails from the 
Republic of Korea: Case Brief Regarding Particular Market 
Situation,'' dated October 30, 2017 (Petitioner PMS Brief).
    \8\ See Daejin's PMS Rebuttal Brief, ``First Administrative 
Review of the Antidumping Duty Order on Certain Steel Nails from 
Korea--Brief of Daejin Steel Company in Response to Mid Continent's 
PMS Allegations,'' dated November 6, 2017 (Daejin PMS Rebuttal 
Brief); Kowire's Rebuttal Brief, ``Steel Nails from the Republic of 
Korea -Rebuttal Brief Regarding the Particular Market Situation 
Determination,'' dated November 6, 2017 (Kowire PMS Rebuttal Brief).
    \9\ See Letter from Kowire to Commerce, ``Steel Nails from the 
Republic of Korea--Request for a Public Hearing,'' dated September 
6, 2017.
    \10\ See Letter from Kowire to Commerce, ``Steel Nails from the 
Republic of Korea--Withdrawal of Request for Public Hearing,'' dated 
December 1, 2017.
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Scope of the Order

    The merchandise covered by this order is nails having a nominal 
shaft length not exceeding 12 inches.\11\ Merchandise covered by the 
order is currently classified under the Harmonized Tariff Schedule of 
the United States (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, 7317.00.65.60 and 
7317.00.75.00. Nails subject to this order also may be classified under 
HTSUS subheadings 7907.00.60.00, 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. For a complete

[[Page 4029]]

description of the scope of the order, see the IDM.\12\
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    \11\ 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.
    \12\ See Memorandum, ``Issues and Decision Memorandum for Final 
Results of the 2014-2016 Administrative Review of the Antidumping 
Duty Order on Certain Steel Nails from the Republic of Korea,'' 
(IDM) dated concurrently with, and hereby adopted by this notice.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the IDM. A list of the 
issues that parties raised and to which we responded is attached to 
this notice as an Appendix. The IDM 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 
in the Central Records Unit (CRU), room B8024 of the main Department of 
Commerce building. In addition, a complete version of the IDM can be 
accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed IDM and the electronic versions of the IDM are 
identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have 
recalculated Daejin's weighted-average dumping margin.\13\ The dumping 
margin for Kowire remains 0.00 percent, as it was in the Preliminary 
Results.\14\
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    \13\ See IDM; see also Memorandum, ``Analysis Memorandum for the 
Preliminary Determination of the Antidumping Duty Administrative 
Review of Certain Steel Nails from the Republic of Korea: Daejin 
Steel Company,'' dated concurrently with this notice.
    \14\ Although in the Preliminary Results, we calculated a 
dumping margin of 0.00 percent for Kowire, we inadvertently listed a 
dumping margin of 0.16 percent for the company in the Federal 
Register notice. This error is corrected for purposes of these final 
results. For further details, see the ``Final Results of the 
Review'' section of this notice; see also IDM at Comment 9; 
Memorandum, ``Certain Nails from the Republic of Korea: Calculation 
Memorandum for the Final Results of the 2014-2016 Administrative 
Review--Korea Wire Co., Ltd.,'' dated concurrently with this notice.
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Final Results of the Review

    As a result of this administrative review, Commerce calculated a 
weighted-average dumping margin that is above de minimis for Daejin and 
a dumping margin of 0.00 percent for Kowire for the period December 29, 
2014, through June 30, 2016, as referenced below. Additionally, Je-il 
Wire Production Co., Ltd. (Je-il) remains subject to this review 
because neither it nor the petitioner withdrew a request for its 
review; however, it was not selected as a mandatory respondent in this 
review.\15\ In accordance with our practice,\16\ and consistent with 
the Preliminary Results, we have assigned to Je-il Daejin's calculated 
rate, i.e., the only rate calculated for a mandatory respondent that is 
not zero, de minimis, or determined entirely on the basis of facts 
available.
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    \15\ See Preliminary Results.
    \16\ See, e.g., Welded Carbon Steel Standard Pipe and Tube 
Products from Turkey: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2015-
2016, 82 FR 49179 (October 24, 2017).

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                  Producer and/or exporter                     dumping
                                                                margin
                                                              (percent)
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Daejin Steel Co., Ltd......................................         2.76
Korea Wire Co., Ltd........................................         0.00
Je-il Wire Production Co., Ltd.............................         2.76
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Duty Assessment

    Commerce shall determine and Customs and Border Protection (CBP) 
shall assess antidumping duties on all appropriate entries.\17\ For any 
individually examined respondent whose weighted-average dumping margin 
is above de minimis, we calculated importer-specific ad valorem duty 
assessment rates based on the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of those same sales in accordance with 19 CFR 351.212(b)(1). Upon 
issuance of the final results of this administrative review, if any 
importer-specific assessment rates calculated in the final results are 
above de minimis (i.e., at or above 0.5 percent), Commerce will issue 
instructions directly to CBP to assess antidumping duties on 
appropriate entries. Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \17\ In these final results, Commerce applied the assessment 
rate calculation method adopted in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101 (February 14, 2012).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by each 
respondent for which it did not know that its merchandise was destined 
for the United States, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.
    We intend to issue assessment instructions directly to CBP 15 days 
after publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Act: (1) The cash deposit rate for respondents noted above will 
be the rate established in the final results of this administrative 
review; (2) for merchandise exported by manufacturers or exporters not 
covered in this administrative review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company 
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the manufacturer of 
the subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 11.80 percent, the all-
others rate established in the antidumping investigation.\18\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \18\ See Certain Steel Nails from the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20, 
2015).
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Notification to Importers Regarding the Reimbursement of Duties

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

[[Page 4030]]

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: January 19, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final IDM

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of the Issues

    General Issue:
    Comment 1: Particular Market Situation

    Daejin-Specific Issues:
    Comment 2: Scrap Offset
    Comment 3: Cost Variations Not Due to Differences in Physical 
Characteristics
    Comment 4: SG&A Expenses
    Comment 5: Quarterly Costs
    Comment 6: Differential Pricing

    Kowire-Specific Issues:
    Comment 7: Affiliation With Subcontractor
    Comment 8: SG&A Expense Ratio
    Comment 9: Cash Deposit Instructions

VI. Recommendation

[FR Doc. 2018-01593 Filed 1-26-18; 8:45 am]
 BILLING CODE 3510-DS-P