83_FR_4047 83 FR 4028 - Certain Steel Nails from the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2014-2016

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)

Page Range4028-4030
FR Document2018-01593

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 Issue 19 (Monday, January 29, 2018)
[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]


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

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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)
------------------------------------------------------------------------
Daejin Steel Co., Ltd......................................         2.76
Korea Wire Co., Ltd........................................         0.00
Je-il Wire Production Co., Ltd.............................         2.76
------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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



                                                4028                          Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices

                                                  Estimated Total Annual Burden                         information received, these final results                 October 23, 2017, we issued a post-
                                                Hours: 19,087.                                          differ from the Preliminary Results with                  preliminary determination regarding the
                                                  Estimated Total Annual Cost to                        respect to Daejin Steel Co., (Daejin), but                petitioner’s PMS allegation, and
                                                Public: $0. (This is not the cost of                    remain unchanged with respect to Korea                    permitted parties to comment.6 On
                                                respondents’ time, but the indirect costs               Wire Co., Ltd. (Kowire). For the final                    October 30, 2017, the petitioner
                                                respondents may incur for such things                   weighted-average dumping margins, see                     submitted a case brief regarding its PMS
                                                as purchases of specialized software or                 the ‘‘Final Results of Review’’ section                   allegation.7 On November 6, 2017,
                                                hardware needed to report, or                           below.                                                    Daejin and Kowire submitted rebuttal
                                                expenditures for accounting or records                  DATES: Applicable January 29, 2018.                       briefs concerning the petitioner’s PMS
                                                maintenance services required                           FOR FURTHER INFORMATION CONTACT:                          allegation.8 On September 6, 2017,
                                                specifically by the collection.)                        Robert Galantucci or Trisha Tran, AD/                     Kowire requested a hearing.9 However,
                                                  Respondent’s Obligation: Voluntary.                   CVD Operations, Office IV, Enforcement                    it subsequently withdrew its request for
                                                  Legal Authority: Title 13 U.S.C. 131                  and Compliance, International Trade                       a hearing,10 and no other interested
                                                and 182.                                                Administration, U.S. Department of                        parties requested a hearing.
                                                IV. Request for Comments                                Commerce, 1401 Constitution Avenue                        Scope of the Order
                                                                                                        NW, Washington, DC 20230; telephone:
                                                   Comments are invited on: (a) Whether                 (202) 482–2923 or (202) 482–4852,                           The merchandise covered by this
                                                the proposed collection of information                  respectively.                                             order is nails having a nominal shaft
                                                is necessary for the proper performance
                                                of the functions of the agency, including               SUPPLEMENTARY INFORMATION:                                length not exceeding 12 inches.11
                                                whether the information shall have                                                                                Merchandise covered by the order is
                                                                                                        Background                                                currently classified under the
                                                practical utility; (b) the accuracy of the
                                                                                                          On August 7, 2017, Commerce                             Harmonized Tariff Schedule of the
                                                agency’s estimate of the burden
                                                                                                        published the Preliminary Results.1 In                    United States (HTSUS) subheadings
                                                (including hours and cost) of the
                                                                                                        accordance with 19 CFR                                    7317.00.55.02, 7317.00.55.03,
                                                proposed collection of information; (c)
                                                                                                        351.309(c)(1)(ii), we invited parties to                  7317.00.55.05, 7317.00.55.07,
                                                ways to enhance the quality, utility, and
                                                                                                        comment on our Preliminary Results.                       7317.00.55.08, 7317.00.55.11,
                                                clarity of the information to be
                                                                                                        On September 22, 2017, Mid Continent                      7317.00.55.18, 7317.00.55.19,
                                                collected; and (d) ways to minimize the
                                                                                                        Steel & Wire, Inc. (the petitioner), Daejin               7317.00.55.20, 7317.00.55.30,
                                                burden of the collection of information                 and Kowire submitted their case briefs.2
                                                on respondents, including through the                                                                             7317.00.55.40, 7317.00.55.50,
                                                                                                        On September 27, 2017, the petitioner;                    7317.00.55.60, 7317.00.55.70,
                                                use of automated collection techniques                  Daejin and Kowire submitted their
                                                or other forms of information                                                                                     7317.00.55.80, 7317.00.55.90,
                                                                                                        rebuttal briefs.3                                         7317.00.65.30, 7317.00.65.60 and
                                                technology.                                               Prior to the Preliminary
                                                   Comments submitted in response to                                                                              7317.00.75.00. Nails subject to this
                                                                                                        Determination, on June 8, 2017, the                       order also may be classified under
                                                this notice will be summarized and/or                   petitioner alleged that a particular
                                                included in the request for OMB                                                                                   HTSUS subheadings 7907.00.60.00,
                                                                                                        market situation (PMS) distorted                          8206.00.00.00 or other HTSUS
                                                approval of this information collection;                production costs in the Korean steel nail
                                                they also will become a matter of public                                                                          subheadings. While the HTSUS
                                                                                                        industry.4 In the Preliminary                             subheadings are provided for
                                                record.                                                 Determination, we noted that we did not                   convenience and customs purposes, the
                                                Sheleen Dumas,                                          have the opportunity to consider the                      written description of the scope of this
                                                Department Lead PRA Officer, Office of the              petitioner’s PMS allegation for the                       order is dispositive. For a complete
                                                Chief Information Officer.                              purposes of the preliminary results.5 On
                                                [FR Doc. 2018–01511 Filed 1–26–18; 8:45 am]                                                                          6 See Memorandum, ‘‘2014–2016 Antidumping
                                                                                                           1 See Certain Steel Nails from the Republic of
                                                BILLING CODE 3510–07–P                                                                                            Duty Administrative Review of Certain Steel Nails
                                                                                                        Korea: Preliminary Results of Antidumping Duty
                                                                                                                                                                  from the Republic of Korea: Post-Preliminary
                                                                                                        Administrative Review and Partial Rescission of
                                                                                                                                                                  Decision on Particular Market Situation
                                                                                                        Antidumping Duty Administrative Review; 2014–
                                                                                                                                                                  Allegation,’’ dated October 23, 2017.
                                                DEPARTMENT OF COMMERCE                                  2016, 82 FR 36749 (August 7, 2017) and
                                                                                                                                                                     7 See Petitioner’s PMS Brief, ‘‘Certain Steel Nails
                                                                                                        accompanying Preliminary Decision Memorandum
                                                                                                        (Preliminary Results).                                    from the Republic of Korea: Case Brief Regarding
                                                International Trade Administration                         2 See Petitioner’s Case Brief, ‘‘Certain Steel Nails   Particular Market Situation,’’ dated October 30,
                                                                                                        from the Republic of Korea: Case Brief,’’ dated           2017 (Petitioner PMS Brief).
                                                [A–580–874]                                                                                                          8 See Daejin’s PMS Rebuttal Brief, ‘‘First
                                                                                                        September 22, 2017 (Petitioner Case Brief); Daejin’s
                                                                                                        Case Brief, ‘‘Administrative Review of the                Administrative Review of the Antidumping Duty
                                                Certain Steel Nails from the Republic                   Antidumping Order on Certain Steel Nails from             Order on Certain Steel Nails from Korea—Brief of
                                                of Korea: Final Results of Antidumping                  Korea — Comments on Preliminary Determination,’’          Daejin Steel Company in Response to Mid
                                                Duty Administrative Review; 2014–                       dated September 22, 2017 (Daejin Case Brief);             Continent’s PMS Allegations,’’ dated November 6,
                                                                                                        Kowire’s Case Brief, ‘‘Steel Nails from the Republic      2017 (Daejin PMS Rebuttal Brief); Kowire’s Rebuttal
                                                2016                                                    of Korea,’’ dated September 22, 2017 (Kowire Case         Brief, ‘‘Steel Nails from the Republic of Korea
                                                                                                        Brief).                                                   –Rebuttal Brief Regarding the Particular Market
                                                AGENCY:   Enforcement and Compliance,                      3 See Petitioner’s Rebuttal Brief, ‘‘Certain Steel     Situation Determination,’’ dated November 6, 2017
                                                International Trade Administration,                     Nails from the Republic of Korea: Rebuttal Brief,’’       (Kowire PMS Rebuttal Brief).
                                                Department of Commerce.                                 dated September 27, 2017 (Petitioner Rebuttal                9 See Letter from Kowire to Commerce, ‘‘Steel

                                                SUMMARY: On August 7, 2017, the                         Brief); Daejin’s Rebuttal Brief, ‘‘Administrative         Nails from the Republic of Korea—Request for a
                                                                                                        Review of the Antidumping Duty Order on Certain           Public Hearing,’’ dated September 6, 2017.
                                                Department of Commerce (Commerce)
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        Steel Nails from Korea—Rebuttal Brief of Daejin              10 See Letter from Kowire to Commerce, ‘‘Steel
                                                published the preliminary results of the                Steel Company,’’ dated September 27, 2017 (Daejin         Nails from the Republic of Korea—Withdrawal of
                                                antidumping duty administrative review                  Rebuttal Brief); Kowire’s Rebuttal Brief, ‘‘Steel Nails   Request for Public Hearing,’’ dated December 1,
                                                of certain steel nails (nails) from the                 from the Republic of Korea—Rebuttal Brief,’’ dated        2017.
                                                                                                        September 27, 2017 (Kowire Rebuttal Brief).                  11 The shaft length of certain steel nails with flat
                                                Republic of Korea (Korea). The period of                   4 See Letter from the petitioner, ‘‘Certain Steel
                                                                                                                                                                  heads or parallel shoulders under the head shall be
                                                review (POR) is December 29, 2014,                      Nails from Korea: Particular Market Situation             measured from under the head or shoulder to the
                                                through June 30, 2016. As a result of our               Allegation,’’ dated June 8, 2017.                         tip of the point. The shaft length of all other certain
                                                analysis of the comments and                               5 See Preliminary Determination, at 36750.             steel nails shall be measured overall.



                                           VerDate Sep<11>2014   18:19 Jan 26, 2018   Jkt 244001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\29JAN1.SGM      29JAN1


                                                                               Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices                                                      4029

                                                description of the scope of the order, see                nor the petitioner withdrew a request                 liquidate unreviewed entries at the all-
                                                the IDM.12                                                for its review; however, it was not                   others rate if there is no rate for the
                                                                                                          selected as a mandatory respondent in                 intermediate company(ies) involved in
                                                Analysis of Comments Received
                                                                                                          this review.15 In accordance with our                 the transaction.
                                                   All issues raised in the case and                      practice,16 and consistent with the                      We intend to issue assessment
                                                rebuttal briefs by parties to this                        Preliminary Results, we have assigned                 instructions directly to CBP 15 days
                                                administrative review are addressed in                    to Je-il Daejin’s calculated rate, i.e., the
                                                                                                                                                                after publication of the final results of
                                                the IDM. A list of the issues that parties                only rate calculated for a mandatory
                                                                                                                                                                this review.
                                                raised and to which we responded is                       respondent that is not zero, de minimis,
                                                attached to this notice as an Appendix.                   or determined entirely on the basis of                Cash Deposit Requirements
                                                The IDM is a public document and is                       facts available.
                                                on-file electronically via Enforcement                                                                            The following cash deposit
                                                and Compliance’s Antidumping and                                                                  Weighted-    requirements will be effective upon
                                                Countervailing Duty Centralized                                                                    average     publication of the notice of final results
                                                                                                              Producer and/or exporter            dumping      of administrative review for all
                                                Electronic Service System (ACCESS).                                                                margin
                                                ACCESS is available to registered users                                                           (percent)    shipments of subject merchandise
                                                at https://access.trade.gov and in the                                                                         entered, or withdrawn from warehouse,
                                                Central Records Unit (CRU), room                          Daejin Steel Co., Ltd. ...............          2.76 for consumption on or after the
                                                B8024 of the main Department of                           Korea Wire Co., Ltd. .................          0.00 publication of the final results of this
                                                                                                          Je-il Wire Production Co., Ltd ..               2.76 administrative review, as provided by
                                                Commerce building. In addition, a
                                                complete version of the IDM can be                                                                             section 751(a)(2) of the Act: (1) The cash
                                                accessed directly on the internet at                      Duty Assessment                                      deposit rate for respondents noted above
                                                http://enforcement.trade.gov/frn/                            Commerce shall determine and                      will be the rate established in the final
                                                index.html. The signed IDM and the                        Customs and Border Protection (CBP)                  results of this administrative review; (2)
                                                electronic versions of the IDM are                        shall assess antidumping duties on all               for merchandise exported by
                                                identical in content.                                     appropriate entries.17 For any                       manufacturers or exporters not covered
                                                                                                          individually examined respondent                     in this administrative review but
                                                Changes Since the Preliminary Results                     whose weighted-average dumping                       covered in a prior segment of the
                                                  Based on a review of the record and                     margin is above de minimis, we                       proceeding, the cash deposit rate will
                                                comments received from interested                         calculated importer-specific ad valorem continue to be the company specific rate
                                                parties regarding our Preliminary                         duty assessment rates based on the ratio published for the most recently
                                                Results, we have recalculated Daejin’s                    of the total amount of dumping                       completed segment of this proceeding;
                                                weighted-average dumping margin.13                        calculated for the importer’s examined               (3) if the exporter is not a firm covered
                                                The dumping margin for Kowire                             sales to the total entered value of those            in this review, a prior review, or the
                                                remains 0.00 percent, as it was in the                    same sales in accordance with 19 CFR                 original investigation, but the
                                                Preliminary Results.14                                    351.212(b)(1). Upon issuance of the final manufacturer is, the cash deposit rate
                                                                                                          results of this administrative review, if            will be the rate established for the most
                                                Final Results of the Review                               any importer-specific assessment rates               recently completed segment of this
                                                   As a result of this administrative                     calculated in the final results are above            proceeding for the manufacturer of the
                                                review, Commerce calculated a                             de minimis (i.e., at or above 0.5 percent), subject merchandise; and (4) the cash
                                                weighted-average dumping margin that                      Commerce will issue instructions                     deposit rate for all other manufacturers
                                                is above de minimis for Daejin and a                      directly to CBP to assess antidumping                or exporters will continue to be 11.80
                                                dumping margin of 0.00 percent for                        duties on appropriate entries. Where                 percent, the all-others rate established
                                                Kowire for the period December 29,                        either the respondent’s weighted-                    in the antidumping investigation.18
                                                2014, through June 30, 2016, as                           average dumping margin is zero or de
                                                                                                                                                               These cash deposit requirements, when
                                                referenced below. Additionally, Je-il                     minimis, or an importer-specific
                                                                                                                                                               imposed, shall remain in effect until
                                                Wire Production Co., Ltd. (Je-il) remains                 assessment rate is zero or de minimis,
                                                                                                                                                               further notice.
                                                subject to this review because neither it                 we will instruct CBP to liquidate the
                                                                                                          appropriate entries without regard to                Notification to Importers Regarding the
                                                   12 See Memorandum, ‘‘Issues and Decision               antidumping duties.                                  Reimbursement of Duties
                                                Memorandum for Final Results of the 2014–2016                In accordance with Commerce’s
                                                Administrative Review of the Antidumping Duty             ‘‘automatic assessment’’ practice, for                  This notice also serves as a final
                                                Order on Certain Steel Nails from the Republic of
                                                Korea,’’ (IDM) dated concurrently with, and hereby
                                                                                                          entries of subject merchandise during                reminder to importers of their
                                                adopted by this notice.                                   the POR produced by each respondent                  responsibility under 19 CFR 351.402(f)
                                                   13 See IDM; see also Memorandum, ‘‘Analysis            for which it did not know that its                   to file a certificate regarding the
                                                Memorandum for the Preliminary Determination of           merchandise was destined for the                     reimbursement of antidumping and/or
                                                the Antidumping Duty Administrative Review of             United States, we will instruct CBP to               countervailing duties prior to
                                                Certain Steel Nails from the Republic of Korea:
                                                Daejin Steel Company,’’ dated concurrently with                                                                liquidation of the relevant entries
                                                this notice.                                                15 See Preliminary Results.
                                                                                                                                                               during the POR. Failure to comply with
                                                                                                            16 See, e.g., Welded Carbon Steel Standard Pipe
                                                   14 Although in the Preliminary Results, we
                                                                                                                                                               this requirement could result in
                                                calculated a dumping margin of 0.00 percent for           and Tube Products from Turkey: Final Results of
                                                                                                          Antidumping Duty Administrative Review and
                                                                                                                                                               Commerce’s presumption that
                                                Kowire, we inadvertently listed a dumping margin
sradovich on DSK3GMQ082PROD with NOTICES




                                                of 0.16 percent for the company in the Federal            Final Determination of No Shipments; 2015–2016,      reimbursement of antidumping and/or
                                                Register notice. This error is corrected for purposes     82 FR 49179 (October 24, 2017).                      countervailing duties occurred and the
                                                of these final results. For further details, see the        17 In these final results, Commerce applied the
                                                                                                                                                               subsequent assessment of doubled
                                                ‘‘Final Results of the Review’’ section of this notice;   assessment rate calculation method adopted in        antidumping duties.
                                                see also IDM at Comment 9; Memorandum, ‘‘Certain          Antidumping Proceedings: Calculation of the
                                                Nails from the Republic of Korea: Calculation             Weighted-Average Dumping Margin and
                                                Memorandum for the Final Results of the 2014–             Assessment Rate in Certain Antidumping                  18 See Certain Steel Nails from the Republic of

                                                2016 Administrative Review—Korea Wire Co.,                Proceedings; Final Modification, 77 FR 8101           Korea: Final Determination of Sales at Less Than
                                                Ltd.,’’ dated concurrently with this notice.              (February 14, 2012).                                  Fair Value, 80 FR 28955 (May 20, 2015).



                                           VerDate Sep<11>2014    18:19 Jan 26, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\29JAN1.SGM   29JAN1


                                                4030                          Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices

                                                Administrative Protective Order                         published the preliminary results of the                  7317.00.55.02, 7317.00.55.03,
                                                  This notice also serves as a reminder                 antidumping duty administrative review                    7317.00.55.05, 7317.00.55.07,
                                                to parties subject to administrative                    of certain steel nails (nails) from the                   7317.00.55.08, 7317.00.55.11,
                                                protective orders (APO) of their                        Sultanate of Oman (Oman). The period                      7317.00.55.18, 7317.00.55.19,
                                                responsibility concerning the return or                 of review (POR) is December 29, 2014,                     7317.00.55.20, 7317.00.55.30,
                                                destruction of proprietary information                  through June 30, 2016. As a result of our                 7317.00.55.40, 7317.00.55.50,
                                                disclosed under APO in accordance                       analysis of the comments and                              7317.00.55.60, 7317.00.55.70,
                                                with 19 CFR 351.305(a)(3), which                        information received, these final results                 7317.00.55.80, 7317.00.55.90,
                                                continues to govern business                            differ from the Preliminary Results with                  7317.00.65.30, 7317.00.65.60 and
                                                proprietary information in this segment                 respect to Oman Fasteners LLC (Oman                       7317.00.75.00. Nails subject to this
                                                of the proceeding. Timely written                       Fasteners), but remain unchanged with                     order also may be classified under
                                                notification of the return/destruction of               respect to the collapsed entity of                        HTSUS subheadings 7907.00.60.00,
                                                APO materials, or conversion to judicial                Overseas International Steel Industry                     8206.00.00.00 or other HTSUS
                                                protective order, is hereby requested.                  LLC (OISI) and Overseas Distribution                      subheadings. While the HTSUS
                                                                                                        Services Inc. (ODS). For the final                        subheadings are provided for
                                                Failure to comply with the regulations
                                                                                                        weighted-average dumping margins, see                     convenience and customs purposes, the
                                                and the terms of an APO is a
                                                                                                        the ‘‘Final Results of Review’’ section                   written description of the scope of this
                                                sanctionable violation.
                                                  We are issuing and publishing this                    below.                                                    order is dispositive. For a complete
                                                notice in accordance with sections                                                                                description of the scope of the order, see
                                                                                                        DATES: Applicable January 29, 2018.
                                                751(a)(1) and 777(i)(1) of the Act and 19                                                                         the IDM.5
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                CFR 351.221(b)(5).                                      Maisha Cryor or Thomas Martin, AD/                        Analysis of Comments Received
                                                  Dated: January 19, 2018.                              CVD Operations, Office IV, Enforcement                       All issues raised in the case and
                                                Gary Taverman,                                          and Compliance, International Trade                       rebuttal briefs by parties to this
                                                Deputy Assistant Secretary for Antidumping              Administration, U.S. Department of                        administrative review are addressed in
                                                and Countervailing Duty Operations,                     Commerce, 1401 Constitution Avenue                        the IDM. A list of the issues that parties
                                                performing the non-exclusive functions and              NW, Washington, DC 20230; telephone:                      raised and to which we responded is
                                                duties of the Assistant Secretary for                   (202) 482–5831 or (202) 482–3936,                         attached to this notice as an Appendix.
                                                Enforcement and Compliance.                             respectively.                                             The IDM is a public document and is
                                                Appendix                                                SUPPLEMENTARY INFORMATION:                                on-file electronically via Enforcement
                                                                                                                                                                  and Compliance’s Antidumping and
                                                List of Topics Discussed in the Final IDM               Background                                                Countervailing Duty Centralized
                                                I. Summary                                                On August 7, 2017, Commerce                             Electronic Service System (ACCESS).
                                                II. List of Issues                                      published the Preliminary Results.1 In                    ACCESS is available to registered users
                                                III. Background                                         accordance with 19 CFR                                    at https://access.trade.gov and in the
                                                IV. Scope of the Order                                                                                            Central Records Unit (CRU), Room
                                                V. Discussion of the Issues
                                                                                                        351.309(c)(1)(ii), we invited parties to
                                                                                                        comment on our Preliminary Results.                       B8024 of the main Department of
                                                   General Issue:                                                                                                 Commerce building. In addition, a
                                                   Comment 1: Particular Market Situation
                                                                                                        On September 22, 2017, Mid Continent
                                                                                                        Steel & Wire, Inc. (the petitioner) and                   complete version of the IDM can be
                                                   Daejin-Specific Issues:                                                                                        accessed directly on the internet at
                                                   Comment 2: Scrap Offset
                                                                                                        Oman Fasteners submitted their case
                                                                                                        briefs.2 On September 27, 2017, the                       http://enforcement.trade.gov/frn/
                                                   Comment 3: Cost Variations Not Due to
                                                      Differences in Physical Characteristics           petitioner and Oman Fasteners                             index.html. The signed IDM and the
                                                   Comment 4: SG&A Expenses                             submitted their rebuttal briefs.3 No                      electronic versions of the IDM are
                                                   Comment 5: Quarterly Costs                           interested parties requested a hearing.                   identical in content.
                                                   Comment 6: Differential Pricing                                                                                Changes Since the Preliminary Results
                                                                                                        Scope of the Order
                                                   Kowire-Specific Issues:
                                                   Comment 7: Affiliation With Subcontractor              The merchandise covered by this                           Based on a review of the record and
                                                   Comment 8: SG&A Expense Ratio                        order is nails having a nominal shaft                     comments received from interested
                                                   Comment 9: Cash Deposit Instructions                 length not exceeding 12 inches.4                          parties regarding our Preliminary
                                                VI. Recommendation                                      Merchandise covered by the order is                       Results, we have recalculated Oman
                                                [FR Doc. 2018–01593 Filed 1–26–18; 8:45 am]             currently classified under the                            Fasteners’s weighted-average dumping
                                                                                                        Harmonized Tariff Schedule of the                         margin.6 The AFA dumping margin for
                                                BILLING CODE 3510–DS–P
                                                                                                        United States (HTSUS) subheadings
                                                                                                                                                                     5 See Memorandum, ‘‘Decision Memorandum for

                                                                                                          1 See
                                                                                                                                                                  Final Results of the 2014–2016 Antidumping Duty
                                                DEPARTMENT OF COMMERCE                                           Certain Steel Nails from the Sultanate of
                                                                                                                                                                  Administrative Review of Certain Steel Nails from
                                                                                                        Oman: Preliminary Results of Antidumping Duty
                                                                                                                                                                  the Sultanate of Oman,’’ dated concurrently with,
                                                                                                        Administrative Review and Partial Rescission of
                                                International Trade Administration                      Antidumping Duty Administrative Review; 2014–
                                                                                                                                                                  and hereby adopted by this notice (IDM). The IDM
                                                                                                                                                                  is a public document and is on file electronically
                                                [A–523–808]                                             2016, 82 FR 36738 (August 7, 2017) and                    via Enforcement and Compliance’s Antidumping
                                                                                                        accompanying Preliminary Decision Memorandum              and Countervailing Duty Centralized Electronic
                                                                                                        (Preliminary Results).                                    Service System (ACCESS). ACCESS is available to
                                                Certain Steel Nails From the Sultanate                     2 See the petitioner’s case brief, dated September
                                                                                                                                                                  registered users at http://access.trade.gov and
                                                of Oman: Final Results of Antidumping                   22, 2017, Oman Fasteners’s case brief, dated              available to all parties in the Central Records Unit,
sradovich on DSK3GMQ082PROD with NOTICES




                                                Duty Administrative Review; 2014–                       September 22, 2017.                                       room B8024 of the main Department of Commerce
                                                2016                                                       3 See the petitioner’s rebuttal brief, dated
                                                                                                                                                                  building. In addition, a complete version of the
                                                                                                        September 27, 2017, and Oman Fasteners’s rebuttal         Preliminary Decision Memorandum can be accessed
                                                AGENCY:  Enforcement and Compliance,                    brief, dated September 27, 2017.                          directly on the internet at http://
                                                International Trade Administration,                        4 The shaft length of certain steel nails with flat    enforcement.trade.gov/frn/. The signed and
                                                                                                        heads or parallel shoulders under the head shall be       electronic versions of the IDM are identical in
                                                Department of Commerce.                                                                                           content.
                                                                                                        measured from under the head or shoulder to the
                                                SUMMARY: On August 7, 2017, the                         tip of the point. The shaft length of all other certain      6 See IDM; see also Memorandum,’’Certain Nails

                                                Department of Commerce (Commerce)                       steel nails shall be measured overall.                    from Oman: Calculation Memorandum for the Final



                                           VerDate Sep<11>2014   18:19 Jan 26, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\29JAN1.SGM     29JAN1



Document Created: 2018-01-27 00:57:58
Document Modified: 2018-01-27 00:57:58
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 January 29, 2018.
ContactRobert 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.
FR Citation83 FR 4028 

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