83_FR_6193 83 FR 6163 - Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review and Partial Rescission of Administrative Review; 2015-2016

83 FR 6163 - Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review and Partial Rescission of Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 30 (February 13, 2018)

Page Range6163-6165
FR Document2018-02897

The Department of Commerce (Commerce) determines, based on the application of adverse facts available, that Bonuts Hardware Logistic Co., Ltd. (Bonuts), PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc. (PT/Pro-Team), and Unicatch Industrial Co. Ltd. (Unicatch) made sales of certain steel nails (nails) from Taiwan at prices below normal value during the period of review (POR) of May 20, 2015, through June 30, 2016.

Federal Register, Volume 83 Issue 30 (Tuesday, February 13, 2018)
[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6163-6165]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02897]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-854]


Certain Steel Nails From Taiwan: Final Results of Antidumping 
Duty Administrative Review and Partial Rescission of Administrative 
Review; 2015-2016

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

SUMMARY: The Department of Commerce (Commerce) determines, based on the 
application of adverse facts available, that Bonuts Hardware Logistic 
Co., Ltd. (Bonuts), PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, 
Inc. (PT/Pro-Team), and Unicatch Industrial Co. Ltd. (Unicatch) made 
sales of certain steel nails (nails) from Taiwan at prices below normal 
value during the period of review (POR) of May 20, 2015, through June 
30, 2016.

DATES: Applicable February 13, 2018.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Victoria Cho, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-4947 or (202) 482-5075, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2017, Commerce published the Preliminary Results of 
this administrative review.\1\ For the events that occurred since the 
Preliminary Results, see the Issues and Decision Memorandum.\2\ These 
final results cover five companies.\3\ Commerce exercised its 
discretion to toll deadlines affected by the closure of the Federal 
Government from January 20 through 22, 2018. If the new deadline falls 
on a non-business day, in

[[Page 6164]]

accordance with Commerce's practice, the deadline will become the next 
business day. The revised deadline for the final results of this review 
is now February 6, 2018.\4\ Commerce conducted this review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
---------------------------------------------------------------------------

    \1\ See Certain Steel Nails from Taiwan: Preliminary Results of 
Antidumping Duty Administrative Review and Partial Rescission of 
Administrative Review; 2015-2016, 82 FR 36744 (August 7, 2017) 
(Preliminary Results), and accompanying Memorandum, ``Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Certain Steel Nails from Taiwan; 2015-2016,'' 
dated July 31, 2017 (Preliminary Decision Memorandum).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2015-2016 Administrative Review of the 
Antidumping Duty Order on Certain Steel Nails from Taiwan'' (Issues 
and Decision Memorandum), dated concurrently with this notice and 
incorporated herein by reference.
    \3\ The five companies consist of three mandatory respondents 
and two companies not individually examined.
    \4\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government'' (Tolling Memorandum), dated January 23, 2018. 
All deadlines in this segment of the proceeding have been extended 
by 3 days.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is certain steel nails. The 
certain steel nails subject to the order are currently classifiable 
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, 7317.00.65.60 and 7317.00.75.00. Certain 
steel nails subject to these orders 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 purpose, the written description is dispositive.\5\
---------------------------------------------------------------------------

    \5\ A full description of the scope of the order is contained in 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues which 
parties raised, and to which we responded in the Issues and Decision 
Memorandum, can be found at the Appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the Preliminary Results. Specifically, Commerce is applying 
total adverse facts otherwise available for Unicatch for these final 
results, and, in addition, Commerce has made changes to the rate 
assigned to the non-examined companies. For a full discussion of these 
changes, see the Issues and Decision Memorandum.

Partial Rescission of Review

    On December 12, 2016, Mid Continent Steel & Wire, Inc. (Mid 
Continent), a domestic producer and interested party, timely withdrew 
its review request for Yusen Logistics (Taiwan) Ltd.\6\ Pursuant to 19 
CFR 351.213(d)(1), Commerce will rescind an administrative review, in 
whole or in part, if the party that requested the review withdraws its 
request within 90 days of the date of publication of the notice of 
initiation of the requested review.\7\ For a full description of the 
methodology and rationale underlying our conclusions, see the Issues 
and Decisions Memorandum.
---------------------------------------------------------------------------

    \6\ See Petitioner's December 12, 2016, letter entitled, 
``Certain Nails from Taiwan, Withdrawal of Request for 
Administrative Review.''
    \7\ We inadvertently omitted Yusen Logistics (Taiwan) Ltd. from 
the list of companies for which we rescinded this administrative 
review in the Preliminary Results.
---------------------------------------------------------------------------

Application of Facts Available and Adverse Facts Available

    We continue to find that Bonuts. and PT/Pro-Team failed to 
cooperate to the best of their ability in responding to Commerce's 
requests for information. Furthermore, for these final results, we also 
find that Unicatch failed to cooperate to the best of its ability in 
responding to Commerce's requests for information. Thus, we find that 
the application of adverse facts available, pursuant to section 776(a)-
(b) of the Act, is warranted with respect to Bonuts, PT/Pro-Team, and 
Unicatch. For a full description of the methodology and rationale 
underlying our conclusions, see Issues and Decision Memorandum.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual review in an administrative review. Under 
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an 
amount equal to the weighted average of the estimated weighted average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .'' Section 
735(c)(5)(B) of the Act also provides that, where all rates are zero, 
de minimis, or based entirely on facts available, we may use ``any 
reasonable method'' for assigning the rate to all other respondents.
    In this review, the margins for all individually examined 
respondents were determined entirely on the basis of facts available. 
As discussed in further detail in the Issues and Decision Memorandum, 
we have determined under ``any reasonable method'' to apply to 
companies not selected for individual examination in this review the 
rate determined for all mandatory respondents. Accordingly, we assign 
to the non-selected companies the dumping margin of 78.17 percent.

Final Results of Review

    Commerce determines that the following margins exist for the period 
May 20, 2015 through June 30, 2016:

------------------------------------------------------------------------
                                                              Margin
                    Producer/exporter                        (percent)
------------------------------------------------------------------------
Bonuts Hardware Logistic Co., Ltd \8\...................           78.17
PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc..           78.17
Unicatch Industrial Co. Ltd.............................           78.17
Non-examined companies \9\..............................           78.17
------------------------------------------------------------------------

Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce shall determine, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Commerce intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final

[[Page 6165]]

results of this administrative review in the Federal Register. We will 
instruct CBP to apply an ad valorem assessment rate of 78.17 percent to 
all entries of subject merchandise during the POR which were produced 
and/or exported by the companies stated above.
---------------------------------------------------------------------------

    \8\ Commerce initiated a review of Bonuts Hardware Logistic Co., 
Ltd., but has referred to the company as Bonuts Hardware Logistics 
Co., LLC and Bonuts Logistics LLC at different times during this 
segment of the proceeding, based on the company's submissions.
    \9\ The non-examined companies are Hor Liang Industrial Corp. 
and Romp Coil Nails Industries Inc.
---------------------------------------------------------------------------

    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the methodology described in 
the ``Rates for Non-Examined Companies'' section, above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Bonuts, PT/Pro-Team, 
Unicatch, or the non-examined companies for which the producer 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.\10\
---------------------------------------------------------------------------

    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 for by section 751(a)(2)(C) 
of the Act: (1) The cash deposit rates for the companies listed in 
these final results will be equal to the rates established in the final 
results of this review; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior segment of 
this proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment in 
which the company was reviewed; (3) if the exporter is not a firm 
covered in this review or the original less-than-fair-value (LTFV) 
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 subject merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 2.16 percent,\11\ the all-others rate established in the LTFV 
investigation. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \11\ See Certain Steel Nails from Taiwan: Notice of Court 
Decision Not in Harmony with Final Determination in Less Than Fair 
Value Investigation and Notice of Amended Final Determination, 82 FR 
55090, 55091 (November 20, 2017).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final 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 POR. 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 Regarding Administrative Protective 
Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 or 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 351.213(h).

    Dated: February 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Rate for Non-Examined Companies
VI. Partial Rescission of Administrative Review
VII. Discussion of the Issues
    A. PT/Pro-Team Issue
    Comment 1: Application of Adverse Facts Available to PT/Pro-Team
    B. Unicatch Issues
    Comment 2: Application of Adverse Facts Available to Unicatch
    Comment 3: Other Cost Issues
    Comment 4: Unicatch's U.S. Sales Data
    Comment 5: Middleman Dumping for Unicatch
    Comment 6: Constructed Value Profit and Selling Expenses
    Comment 7: Correction of Clerical Errors
VIII. Recommendation

[FR Doc. 2018-02897 Filed 2-12-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                            Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices                                                    6163

                                                within five days after the public                       exporter nor the manufacturer is a firm               DEPARTMENT OF COMMERCE
                                                announcement of the final results, in                   covered in this or any other completed
                                                accordance with section 751(a) of the                   segment of this proceeding, then the                  International Trade Administration
                                                Act and 19 CFR 351.224(b).                              cash deposit rate will be the all others              [A–583–854]
                                                                                                        rate of 5.71 percent, which is the all
                                                Assessment Rates
                                                                                                        others rate established by Commerce in                Certain Steel Nails From Taiwan: Final
                                                   Commerce will determine, and CBP                     the LTFV investigation adjusted for the               Results of Antidumping Duty
                                                shall assess, antidumping duties on all                 export subsidy rate in the countervailing             Administrative Review and Partial
                                                appropriate entries in this review, in                  duty investigation.8 These cash deposit               Rescission of Administrative Review;
                                                accordance with section 751(a)(2)(C) of                 requirements, when imposed, shall                     2015–2016
                                                the Act and 19 CFR 351.212(b)(1).                       remain in effect until further notice.
                                                Commerce intends to issue assessment                                                                          AGENCY:  Enforcement and Compliance,
                                                instructions directly to CBP 15 days                    Notification to Importers                             International Trade Administration,
                                                after publication of these final results of                This notice serves as a final reminder             Department of Commerce.
                                                review. For Jindal, we will base the                    to importers of their responsibility                  SUMMARY: The Department of Commerce
                                                assessment rate for the corresponding                   under 19 CFR 351.402(f)(2) to file a                  (Commerce) determines, based on the
                                                entries on the margin listed above.                     certificate regarding the reimbursement               application of adverse facts available,
                                                   For entries of subject merchandise                   of antidumping duties prior to                        that Bonuts Hardware Logistic Co., Ltd.
                                                produced by Jindal or SRF for which it                  liquidation of the relevant entries                   (Bonuts), PT Enterprise, Inc./Pro-Team
                                                did not know its merchandise was                        during this review period. Failure to                 Coil Nail Enterprise, Inc. (PT/Pro-
                                                destined for the United States, we will                 comply with this requirement could                    Team), and Unicatch Industrial Co. Ltd.
                                                instruct CBP to liquidate unreviewed                    result in the Secretary’s presumption                 (Unicatch) made sales of certain steel
                                                entries at the all-others rate established              that reimbursement of antidumping                     nails (nails) from Taiwan at prices
                                                in the less-than fair-value (LTFV)                      duties occurred and the subsequent                    below normal value during the period of
                                                investigation, 5.71 percent,6 if there is               assessment of doubled antidumping                     review (POR) of May 20, 2015, through
                                                no rate for the intermediate                            duties.                                               June 30, 2016.
                                                company(ies) involved in the                                                                                  DATES: Applicable February 13, 2018.
                                                transaction.7 Pursuant to 19 CFR                        Notifications to Interested Parties
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                351.106(c)(2), we will instruct CBP to                    This notice also serves as a reminder               Scott Hoefke or Victoria Cho, AD/CVD
                                                liquidate without regard to antidumping                 to parties subject to administrative                  Operations, Office VI, Enforcement and
                                                duties any entries produced and                         protective order (APO) of their                       Compliance, International Trade
                                                exported by SRF during the POR.                         responsibility concerning the                         Administration, Department of
                                                                                                        destruction of proprietary information                Commerce, 1401 Constitution Avenue
                                                Cash Deposit Requirements                               disclosed under APO in accordance                     NW, Washington, DC 20230; telephone:
                                                   The following cash deposit                           with 19 CFR 351.305(a)(3). Timely                     (202) 482–4947 or (202) 482–5075,
                                                requirements will be effective for all                  written notification of the return or                 respectively.
                                                shipments of PET Film from India                        destruction of APO materials or
                                                entered, or withdrawn from warehouse,                   conversion to judicial protective order is            SUPPLEMENTARY INFORMATION:
                                                for consumption on or after the date of                 hereby requested. Failure to comply                   Background
                                                publication of the final results of this                with the regulations and terms of an
                                                administrative review, as provided for                                                                          On August 7, 2017, Commerce
                                                                                                        APO is a sanctionable violation.
                                                by section 751(a)(2)(C) of the Act: (1)                   Commerce is issuing and publishing                  published the Preliminary Results of
                                                The cash deposit rate for the companies                 these final results of administrative                 this administrative review.1 For the
                                                under review will be as follows 1.57                    review in accordance with sections                    events that occurred since the
                                                percent for merchandise exported by                     751(a)(1) and 777(i)(1) of the Act, and 19            Preliminary Results, see the Issues and
                                                Jindal and zero percent for merchandise                 CFR 351.221.                                          Decision Memorandum.2 These final
                                                exported by SRF; (2) for previously                                                                           results cover five companies.3
                                                                                                          Dated: February 6, 2018.                            Commerce exercised its discretion to
                                                reviewed or investigated companies not
                                                                                                        Gary Taverman,                                        toll deadlines affected by the closure of
                                                listed above, the cash deposit rate will
                                                continue to be the company-specific rate                Deputy Assistant Secretary for Antidumping            the Federal Government from January
                                                                                                        and Countervailing Duty Operations,                   20 through 22, 2018. If the new deadline
                                                published in the completed segment for                  performing the non-exclusive functions and
                                                the most recent period for that                                                                               falls on a non-business day, in
                                                                                                        duties of the Assistant Secretary for
                                                company; (3) if the exporter is not a firm              Enforcement and Compliance.                              1 See Certain Steel Nails from Taiwan:
                                                covered in this review, a prior review,
                                                                                                        Appendix                                              Preliminary Results of Antidumping Duty
                                                or the less-than-fair-value investigation,                                                                    Administrative Review and Partial Rescission of
                                                but the manufacturer is, the cash                       I. Summary                                            Administrative Review; 2015–2016, 82 FR 36744
                                                deposit rate will be the rate established               II. Background Scope of the Order                     (August 7, 2017) (Preliminary Results), and
                                                in the completed segment for the most                   III. Discussion of the Issues                         accompanying Memorandum, ‘‘Decision
                                                                                                           Comment 1: Whether To Grant Certain                Memorandum for Preliminary Results of
                                                recent period for the manufacturer of                                                                         Antidumping Duty Administrative Review: Certain
                                                the merchandise; and (4) if neither the                       Post-Sale Price Adjustments to Jindal for
                                                                                                                                                              Steel Nails from Taiwan; 2015–2016,’’ dated July
                                                                                                              the Final Results
                                                                                                                                                              31, 2017 (Preliminary Decision Memorandum).
                                                  6 See Notice of Amended Final Antidumping Duty
                                                                                                           Comment 2: Whether To Grant Certain                   2 See Memorandum, ‘‘Issues and Decision
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                              Post-Sale Price Adjustments to SRF for          Memorandum for the Final Results of the 2015–
                                                Determination of Sales at Less Than Fair Value and
                                                Antidumping Duty Order: Polyethylene                          the Final Results                               2016 Administrative Review of the Antidumping
                                                Terephthalate Film, Sheet, and Strip from India, 67        Comment 3: Whether To Revise SRF’s                 Duty Order on Certain Steel Nails from Taiwan’’
                                                FR 44175 (July 1, 2002) (Amended Final                        Program                                         (Issues and Decision Memorandum), dated
                                                Determination).                                         [FR Doc. 2018–02830 Filed 2–12–18; 8:45 am]           concurrently with this notice and incorporated
                                                  7 See Antidumping Proceedings: Calculation of                                                               herein by reference.
                                                                                                        BILLING CODE 3510–DS–P
                                                the Weighted-Average Dumping Margin and                                                                          3 The five companies consist of three mandatory

                                                Assessment Proceedings; Final Modification, 77 FR                                                             respondents and two companies not individually
                                                8101, 8102 (February 14, 2012) (Final Modification).      8 See   Amended Final Determination.                examined.



                                           VerDate Sep<11>2014   23:12 Feb 12, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\13FEN1.SGM   13FEN1


                                                6164                        Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices

                                                accordance with Commerce’s practice,                    version of the Issues and Decision                     Commerce looks to section 735(c)(5) of
                                                the deadline will become the next                       Memorandum are identical in content.                   the Act, which provides instructions for
                                                business day. The revised deadline for                                                                         calculating the all-others rate in a
                                                                                                        Changes Since the Preliminary Results
                                                the final results of this review is now                                                                        market economy investigation, for
                                                February 6, 2018.4 Commerce                               Based on our analysis of the                         guidance when calculating the rate for
                                                conducted this review in accordance                     comments received, we made certain                     companies which were not selected for
                                                with section 751(a) of the Tariff Act of                changes to the Preliminary Results.                    individual review in an administrative
                                                1930, as amended (the Act).                             Specifically, Commerce is applying total               review. Under section 735(c)(5)(A) of
                                                                                                        adverse facts otherwise available for                  the Act, the all-others rate is normally
                                                Scope of the Order                                      Unicatch for these final results, and, in              ‘‘an amount equal to the weighted
                                                  The merchandise covered by this                       addition, Commerce has made changes                    average of the estimated weighted
                                                order is certain steel nails. The certain               to the rate assigned to the non-examined               average dumping margins established
                                                steel nails subject to the order are                    companies. For a full discussion of                    for exporters and producers
                                                currently classifiable under HTSUS                      these changes, see the Issues and                      individually investigated, excluding any
                                                subheadings 7317.00.55.02,                              Decision Memorandum.                                   zero or de minimis margins, and any
                                                7317.00.55.03, 7317.00.55.05,                                                                                  margins determined entirely {on the
                                                                                                        Partial Rescission of Review
                                                7317.00.55.07, 7317.00.55.08,                                                                                  basis of facts available}.’’ Section
                                                7317.00.55.11, 7317.00.55.18,                             On December 12, 2016, Mid Continent                  735(c)(5)(B) of the Act also provides
                                                7317.00.55.19, 7317.00.55.20,                           Steel & Wire, Inc. (Mid Continent), a                  that, where all rates are zero, de
                                                7317.00.55.30, 7317.00.55.40,                           domestic producer and interested party,                minimis, or based entirely on facts
                                                7317.00.55.50, 7317.00.55.60,                           timely withdrew its review request for                 available, we may use ‘‘any reasonable
                                                7317.00.55.70, 7317.00.55.80,                           Yusen Logistics (Taiwan) Ltd.6 Pursuant                method’’ for assigning the rate to all
                                                7317.00.55.90, 7317.00.65.30,                           to 19 CFR 351.213(d)(1), Commerce will                 other respondents.
                                                7317.00.65.60 and 7317.00.75.00.                        rescind an administrative review, in                      In this review, the margins for all
                                                Certain steel nails subject to these                    whole or in part, if the party that                    individually examined respondents
                                                orders also may be classified under                     requested the review withdraws its                     were determined entirely on the basis of
                                                HTSUS subheadings 7907.00.60.00,                        request within 90 days of the date of                  facts available. As discussed in further
                                                8206.00.00.00 or other HTSUS                            publication of the notice of initiation of             detail in the Issues and Decision
                                                subheadings.                                            the requested review.7 For a full                      Memorandum, we have determined
                                                                                                        description of the methodology and                     under ‘‘any reasonable method’’ to
                                                  While the HTSUS subheadings are
                                                                                                        rationale underlying our conclusions,                  apply to companies not selected for
                                                provided for convenience and customs                                                                           individual examination in this review
                                                                                                        see the Issues and Decisions
                                                purpose, the written description is                                                                            the rate determined for all mandatory
                                                                                                        Memorandum.
                                                dispositive.5                                                                                                  respondents. Accordingly, we assign to
                                                                                                        Application of Facts Available and                     the non-selected companies the
                                                Analysis of Comments Received
                                                                                                        Adverse Facts Available                                dumping margin of 78.17 percent.
                                                   All issues raised in the case and                      We continue to find that Bonuts. and
                                                rebuttal briefs filed by parties in this                                                                       Final Results of Review
                                                                                                        PT/Pro-Team failed to cooperate to the
                                                review are addressed in the Issues and                  best of their ability in responding to                   Commerce determines that the
                                                Decision Memorandum, which is hereby                    Commerce’s requests for information.                   following margins exist for the period
                                                adopted by this notice. A list of the                   Furthermore, for these final results, we               May 20, 2015 through June 30, 2016:
                                                issues which parties raised, and to                     also find that Unicatch failed to
                                                which we responded in the Issues and                    cooperate to the best of its ability in                        Producer/exporter                   Margin
                                                Decision Memorandum, can be found at                                                                                                                      (percent)
                                                                                                        responding to Commerce’s requests for
                                                the Appendix to this notice. The Issues                 information. Thus, we find that the                    Bonuts Hardware Logistic
                                                and Decision Memorandum is a public                     application of adverse facts available,                  Co., Ltd 8 ...........................         78.17
                                                document and is on file electronically                  pursuant to section 776(a)–(b) of the                  PT Enterprise, Inc./Pro-Team
                                                via Enforcement and Compliance’s                        Act, is warranted with respect to                        Coil Nail Enterprise, Inc ....                 78.17
                                                Antidumping and Countervailing Duty                     Bonuts, PT/Pro-Team, and Unicatch.                     Unicatch Industrial Co. Ltd ...                  78.17
                                                Centralized Electronic Service System                   For a full description of the                          Non-examined companies 9 ..                      78.17
                                                (ACCESS). ACCESS is available to                        methodology and rationale underlying
                                                registered users at https://                            our conclusions, see Issues and Decision               Assessment
                                                access.trade.gov and is available to all                Memorandum.                                               Pursuant to section 751(a)(2)(C) of the
                                                parties in the Central Records Unit,                                                                           Act and 19 CFR 351.212(b), Commerce
                                                room B8024 of the main Department of                    Rate for Non-Examined Companies
                                                                                                                                                               shall determine, and CBP shall assess,
                                                Commerce building. In addition, a                         The statute and Commerce’s                           antidumping duties on all appropriate
                                                complete version of the Issues and                      regulations do not address the                         entries of subject merchandise in
                                                Decision Memorandum can be accessed                     establishment of a rate to be applied to               accordance with the final results of this
                                                directly on the internet at http://                     companies not selected for examination                 review. Commerce intends to issue
                                                enforcement.trade.gov/frn/index.html.                   when Commerce limits its examination                   assessment instructions to CBP 15 days
                                                The signed Issues and Decision                          in an administrative review pursuant to                after the date of publication of the final
                                                Memorandum and the electronic
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                                                                                                        section 777A(c)(2) of the Act. Generally,
                                                                                                                                                                 8 Commerce initiated a review of Bonuts
                                                  4 See Memorandum, ‘‘Deadlines Affected by the           6 See Petitioner’s December 12, 2016, letter         Hardware Logistic Co., Ltd., but has referred to the
                                                Shutdown of the Federal Government’’ (Tolling           entitled, ‘‘Certain Nails from Taiwan, Withdrawal of   company as Bonuts Hardware Logistics Co., LLC
                                                Memorandum), dated January 23, 2018. All                Request for Administrative Review.’’                   and Bonuts Logistics LLC at different times during
                                                deadlines in this segment of the proceeding have          7 We inadvertently omitted Yusen Logistics           this segment of the proceeding, based on the
                                                been extended by 3 days.                                (Taiwan) Ltd. from the list of companies for which     company’s submissions.
                                                  5 A full description of the scope of the order is     we rescinded this administrative review in the           9 The non-examined companies are Hor Liang

                                                contained in the Issues and Decision Memorandum.        Preliminary Results.                                   Industrial Corp. and Romp Coil Nails Industries Inc.



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                                                                            Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices                                                  6165

                                                results of this administrative review in                requirements, when imposed, shall                       Comment 6: Constructed Value Profit and
                                                the Federal Register. We will instruct                  remain in effect until further notice.                     Selling Expenses
                                                CBP to apply an ad valorem assessment                                                                           Comment 7: Correction of Clerical Errors
                                                                                                        Notification to Importers                             VIII. Recommendation
                                                rate of 78.17 percent to all entries of
                                                subject merchandise during the POR                         This notice serves as a final reminder             [FR Doc. 2018–02897 Filed 2–12–18; 8:45 am]
                                                which were produced and/or exported                     to importers of their responsibility                  BILLING CODE 3510–DS–P
                                                by the companies stated above.                          under 19 CFR 351.402(f)(2) to file a
                                                  For the companies which were not                      certificate regarding the reimbursement
                                                selected for individual review, we will                 of antidumping duties prior to
                                                assign an assessment rate based on the                  liquidation of the relevant entries                   CORPORATION FOR NATIONAL AND
                                                methodology described in the ‘‘Rates for                during this POR. Failure to comply with               COMMUNITY SERVICE
                                                Non-Examined Companies’’ section,                       this requirement could result in
                                                above.                                                                                                        Agency Information Collection
                                                                                                        Commerce’s presumption that
                                                  Consistent with Commerce’s                                                                                  Activities; Submission to the Office of
                                                                                                        reimbursement of antidumping duties
                                                assessment practice, for entries of                                                                           Management and Budget for Review
                                                                                                        occurred and the subsequent assessment
                                                subject merchandise during the POR                                                                            and Approval; Comment Request;
                                                                                                        of double antidumping duties.
                                                produced by Bonuts, PT/Pro-Team,                                                                              Financial Management Survey
                                                Unicatch, or the non-examined                           Notification to Interested Parties
                                                                                                        Regarding Administrative Protective                   AGENCY: Corporation for National and
                                                companies for which the producer did                                                                          Community Service.
                                                not know that its merchandise was                       Order
                                                                                                                                                              ACTION: Notice.
                                                destined for the United States, we will                    This notice also serves as the only
                                                instruct CBP to liquidate unreviewed                    reminder to parties subject to                        SUMMARY:    The Corporation for National
                                                entries at the all-others rate if there is no           administrative protective order (APO) of              and Community Service (CNCS) has
                                                rate for the intermediate company(ies)                  their responsibility concerning the                   submitted a public information
                                                involved in the transaction.10                          disposition of proprietary information                collection request (ICR) entitled
                                                Cash Deposit Requirements                               disclosed under APO in accordance                     Financial Management Survey for
                                                                                                        with 19 CFR 351.305(a)(3), which                      review and approval in accordance with
                                                   The following cash deposit                           continues to govern business                          the Paperwork Reduction Act of 1995.
                                                requirements will be effective for all                  proprietary information in this segment               DATES: Comments may be submitted,
                                                shipments of subject merchandise                        of the proceeding. Timely written                     identified by the title of the information
                                                entered, or withdrawn from warehouse,                   notification of the return or destruction             collection activity, by March 15, 2018.
                                                for consumption on or after the                         of APO materials or conversion to
                                                publication date of the final results of                                                                      ADDRESSES: Comments may be
                                                                                                        judicial protective order is hereby
                                                this administrative review, as provided                                                                       submitted, identified by the title of the
                                                                                                        requested. Failure to comply with the
                                                for by section 751(a)(2)(C) of the Act: (1)                                                                   information collection activity, to the
                                                                                                        regulations and the terms of an APO is
                                                The cash deposit rates for the                                                                                Office of Information and Regulatory
                                                                                                        a sanctionable violation.
                                                companies listed in these final results                                                                       Affairs, Attn: Ms. Sharon Mar, OMB
                                                                                                           We are issuing and publishing this                 Desk Officer for the Corporation for
                                                will be equal to the rates established in
                                                                                                        notice in accordance with sections                    National and Community Service, by
                                                the final results of this review; (2) for
                                                                                                        751(a)(1) and 777(i)(1) of the Act and 19             any of the following two methods
                                                merchandise exported by producers or
                                                                                                        CFR 351.213(h).                                       within 30 days from February 13, 2018:
                                                exporters not covered in this review but
                                                covered in a prior segment of this                        Dated: February 6, 2018.                               (1) By fax to: 202–395–6974,
                                                proceeding, the cash deposit rate will                  Gary Taverman,                                        Attention: Ms. Sharon Mar, OMB Desk
                                                continue to be the company-specific rate                Deputy Assistant Secretary for Antidumping            Officer for the Corporation for National
                                                published for the most recently                         and Countervailing Duty Operations,                   and Community Service; or
                                                completed segment in which the                          performing the non-exclusive functions and               (2) By email to: smar@omb.eop.gov.
                                                company was reviewed; (3) if the                        duties of the Assistant Secretary for                 FOR FURTHER INFORMATION CONTACT:
                                                exporter is not a firm covered in this                  Enforcement and Compliance.
                                                                                                                                                              Douglas Godesky, Senior Grants Officer,
                                                review or the original less-than-fair-                  Appendix                                              at 202–606–6967 or email to dgodesky@
                                                value (LTFV) investigation, but the                                                                           cns.gov. Individuals who use a
                                                producer is, the cash deposit rate will be              List of Topics Discussed in the Issues and            telecommunications device for the deaf
                                                the rate established for the most recently              Decision Memorandum                                   (TTY–TDD) may call 1–800–833–3722
                                                completed segment of this proceeding                    I. Summary                                            between 8:00 a.m. and 8:00 p.m. Eastern
                                                for the producer of the subject                         II. List of Issues                                    Time, Monday through Friday.
                                                merchandise; and (4) the cash deposit                   III. Background
                                                                                                                                                              SUPPLEMENTARY INFORMATION: OMB is
                                                rate for all other producers or exporters               IV. Scope of the Order
                                                                                                        V. Rate for Non-Examined Companies                    particularly interested in comments
                                                will continue to be 2.16 percent,11 the                                                                       which:
                                                                                                        VI. Partial Rescission of Administrative
                                                all-others rate established in the LTFV                       Review                                             • Evaluate whether the proposed
                                                investigation. These cash deposit                       VII. Discussion of the Issues                         collection of information is necessary
                                                                                                           A. PT/Pro-Team Issue                               for the proper performance of the
                                                  10 For a full discussion of this practice, see
                                                                                                           Comment 1: Application of Adverse Facts            functions of CNCS, including whether
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                                                Antidumping and Countervailing Duty Proceedings:              Available to PT/Pro-Team
                                                Assessment of Antidumping Duties, 68 FR 23954                                                                 the information will have practical
                                                                                                           B. Unicatch Issues                                 utility;
                                                (May 6, 2003).
                                                                                                           Comment 2: Application of Adverse Facts
                                                  11 See Certain Steel Nails from Taiwan: Notice of
                                                                                                              Available to Unicatch
                                                                                                                                                                 • Evaluate the accuracy of the
                                                Court Decision Not in Harmony with Final                                                                      agency’s estimate of the burden of the
                                                Determination in Less Than Fair Value                      Comment 3: Other Cost Issues
                                                Investigation and Notice of Amended Final                  Comment 4: Unicatch’s U.S. Sales Data              proposed collection of information,
                                                Determination, 82 FR 55090, 55091 (November 20,            Comment 5: Middleman Dumping for                   including the validity of the
                                                2017).                                                        Unicatch                                        methodology and assumptions;


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Document Created: 2018-02-13 02:32:42
Document Modified: 2018-02-13 02:32:42
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 February 13, 2018.
ContactScott Hoefke or Victoria Cho, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4947 or (202) 482-5075, respectively.
FR Citation83 FR 6163 

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