[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26050-26052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11668]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-818]


Certain Steel Nails From the Socialist Republic of Vietnam: 
Preliminary Results and Partial Rescission of the Antidumping Duty 
Administrative Review; 2014-2016

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain steel 
nails from the Socialist Republic of Vietnam (Vietnam). The period of 
review (POR) is December 29, 2014, through June 30, 2016. The 
Department preliminarily determines that Truong Vinh Ltd. (Truong 
Vinh), Rich State, Inc. (Rich State), and Dicha Sombrilla Co., Ltd. 
(Dicha Sombrilla) did not demonstrate their eligibility for a separate 
rate and are, therefore, part of the Vietnam-wide entity. Further, 
because Mid Continent Steel & Wire, Inc. (the petitioner) withdrew its 
request for review of eight companies, we are rescinding the 
administrative review with regard to them. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective June 6, 2017.

FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich or Mark Flessner, 
AD/CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-1979 or (202) 482-6312, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 13, 2015, the Department published in the Federal Register 
the antidumping duty order on certain steel nails from Vietnam.\1\ On 
July 5, 2016, the Department published in the Federal Register an 
opportunity to request administrative review of the Order.\2\ The 
Department received requests for a review of 11 companies.\3\ On 
September 12, 2016, the Department published in the Federal Register a 
notice of initiation of this review, covering the above-referenced 
companies.\4\ On September 28, 2016, the Department placed entry data 
from U.S. Customs and Border Protection (CBP) on the record of this 
review.\5\ On October 18, 2016, the Department issued its antidumping 
duty questionnaires to Truong Vinh and Rich State. On November 8, 2016, 
both companies, in a joint submission, stated that neither intended to 
respond to the Department's questionnaires.\6\
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    \1\ See Certain Steel Nails from the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic 
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) 
(the Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 81 FR 43584 (July 5, 2016).
    \3\ See Letter from Amifast Corporation, ``Amifast Corporation; 
Request for Administrative Review; Case No. A-522-818; Antidumping 
Duty Order on Steel Nails from the Socialist Republic of Vietnam,'' 
dated August 1, 2016. See also Letter from Petitioner, ``Certain 
Steel Nails from the Socialist Republic of Vietnam: Request for 
Administrative Reviews,'' dated August 1, 2016. See also Letter from 
Olympic Manufacturing Group, ``Request for Administrative Review and 
Request to Defer Administrative Review of the Antidumping Duty Order 
on Steel Nails from the Socialist Republic of Vietnam (A-552-818) 
(POR: December 29, 2014--June 30, 2016),'' dated August 1, 2016. See 
also Letter from Truong Vinh, ``Request for Administrative Review 
and Request to Defer Administrative Review of the Antidumping Duty 
Order on Steel Nails from the Socialist Republic of Vietnam (A-552-
818) (POR: December 29, 2014--June 30, 2016),'' dated August 1, 
2016.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 62720 (September 12 2016) (Initiation 
Notice).
    \5\ See Memorandum, ``Certain Steel Nails from Vietnam: U.S. 
Customs and Border Protection Information for 12/29/14-6/30/2016 
Review Period,'' dated September 28, 2016.
    \6\ See Letter from Truong Vinh and Rich State, ``Truong Vinh 
Ltd. and Rich State Inc., Questionnaire Response, First Annual 
Administrative Review of the Antidumping Duty Order on Steel Nails 
from the Socialist Republic of Vietnam, (A-552-818),'' dated 
November 8, 2016. Therein, Truong Vinh and Rich State indicated that 
they believe that their zinc anchors would be found outside of the 
scope of the Order based on an ongoing scope proceeding. As such, 
Truong Vinh and Rich State stated that they would not respond to the 
Department's October 18, 2016, request for information, and that 
this letter constituted their full response to sections A, C, and D 
of the Department's questionnaire. Neither company submitted a 
separate rate application.
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Scope of the Order

    The merchandise covered by this order is certain steel nails having 
a nominal shaft length not exceeding 12 inches. Certain steel nails 
subject to this order are currently classified under HTSUS subheadings 
7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 
7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 
7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 
7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 
7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain steel nails 
subject to this order also may be classified under HTSUS subheadings 
7907.00.60.00,

[[Page 26051]]

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. A full 
description of the scope of the order is contained in the Preliminary 
Decision Memorandum.\7\ The Preliminary Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \7\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review, 2014-2016: 
Certain Steel Nails from the Socialist Republic of Vietnam,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Partial Rescission of Administrative Review

    On October 5, 2016, the petitioner withdrew its request for review 
with respect to the following eight companies: Astrotech Steels Private 
Limited; Blue Moon Logistics Private Ltd.; Bollore Logistics Vietnam 
Co. Ltd.; Dahnay Logistics Private Ltd; FGS Logistics Co. Ltd.; Honour 
Lane Shipping Ltd; SDV Vietnam Co. Ltd.; and United Nail Products Co. 
Ltd.\8\ No other parties requested review of these eight companies. In 
response to the petitioner's timely filed withdrawal request, we are 
rescinding this administrative review, pursuant to 19 CFR 
351.213(d)(1),\9\ with respect to the above-named companies.
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    \8\ See Petitioner's Review Request Withdrawal Letter.
    \9\ See the Preliminary Decision Memorandum, at the section 
entitled, ``Partial Rescission of Administrative Review.''
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Vietnam-Wide Entity

    The Vietnam-wide entity will not be under review unless a party 
specifically requests, or the Department self-initiates, a review of 
the entity.\10\ Because no party requested a review of the Vietnam-wide 
entity in this review, nor did the Department self-initiate a review of 
the Vietnam-wide entity, the entity is not under review and the 
entity's rate (i.e., 323.99 percent) is not subject to change. In this 
administrative review, a review was requested for Truong Vinh, Rich 
State, and Dicha Sombrilla, but none of these companies filed a 
separate rate application, separate rate certification, or no-shipment 
letter. Accordingly, the Department considers Truong Vinh, Rich State, 
and Dicha Sombrilla to be part of the Vietnam-wide entity.
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    \10\ See 19 CFR 351.309(c)(1)(ii).
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period December 29, 
2014, through January 30, 2016:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                         Company                              dumping
                                                              margins
                                                             (percent)
------------------------------------------------------------------------
Dicha Sombrilla Co., Ltd................................          323.99
Rich State, Inc.........................................          323.99
Truong Vinh Ltd.........................................          323.99
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Disclosure and Public Comment

    Normally, the Department discloses to interested parties the 
calculations performed for the preliminary results within five days of 
the publication of this notice in accordance with 19 CFR 351.224(b). 
However, because the Department preliminarily applied the Vietnam-
entity margin to the mandatory respondents in this administrative 
review, there are no calculations to disclose. Interested parties may 
submit case briefs not later than 30 days after the date of publication 
of this notice in the Federal Register.\11\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the date for filing case briefs.\12\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\13\ Case and rebuttal 
briefs should be filed using ACCESS.\14\
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    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ See 19 CFR 351.309(d)(1).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See 19 CFR 351.303.
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance within 30 days of the date of publication of this 
notice.\15\ Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues parties intend to discuss. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs. If 
a request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230, at a date and time to be determined.\16\ 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
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    \15\ See 19 CFR 351.310(c)
    \16\ See 19 CFR 351.310(d).
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    Unless extended, the Department intends to issue the final results 
of this administrative review, which will include the results of our 
analysis of all issues raised in the case briefs, within 120 days of 
publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\17\ The 
Department intends to issue assessment instructions to CBP 15 days 
after the publication date of the final results of this review. We will 
instruct CBP to assess duties at the ad valorem margin rates published 
above. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any assessment rate 
calculated in the final results of this review is above de minimis. The 
final results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable. The Department will assess duties only on entries of 
subject merchandise (i.e., Vietnam-origin steel nails).
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    \17\ See 19 CFR 351.212(b)(1).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from Vietnam entered, or withdrawn 
from warehouse,

[[Page 26052]]

for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For Truong Vinh, Rich State, and 
Dicha Sombrilla, the cash deposit rate will be that established in the 
final results of this review (except, if the rate is zero or de 
minimis, then zero cash deposit will be required); (2) for previously 
investigated or reviewed Vietnam exporters not listed above that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
rate published for the most recently completed period; (3) for all 
Vietnam exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the NME-wide 
rate of 323.99 percent; and (4) for all non-Vietnam exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the Vietnam exporter that 
supplied that non-Vietnam exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: May 24, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

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

1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Administrative Review
5. Discussion of the Methodology
6. Vietnam-Wide Entity
7. Recommendation

[FR Doc. 2017-11668 Filed 6-5-17; 8:45 am]
 BILLING CODE 3510-DS-P