[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Notices]
[Pages 29022-29023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13425]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-819]


Certain Steel Nails From the Socialist Republic of Vietnam: 
Preliminary Results of Countervailing Duty Administrative Review and 
Intent To Rescind, in Part

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of certain steel nails (steel nails) from the 
Socialist Republic of Vietnam (Vietnam). The period of review (POR) is 
November 3, 2014, through December 31, 2015. Interested parties are 
invited to comment on these preliminary results.

DATES: Effective June 27, 2017.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3813.

SUPPLEMENTARY INFORMATION: 

Background

    These preliminary results are made in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). The Department 
published a notice of opportunity to request an administrative review 
of the countervailing duty (CVD) order on steel nails from Vietnam for 
the POR on July 5, 2016.11\1\ On August 1, 2017, in response to timely 
requests, and in accordance with section 751(a) of the Act and 19 CFR 
351.221(c)(1)(i), we initiated an administrative review of the 
Order.\2\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
A list of topics included in the Preliminary Decision Memorandum is 
provided as an appendix to this notice.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 81 FR 43584 (July 5, 2016).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 62720 (September 12, 2016). See also 
Certain Steel Nails from the Socialist Republic of Vietnam: 
Countervailing Duty Order, 80 FR 41006 (July 14, 2015) (the Order).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Countervailing Duty 
Order on Certain Steel Nails from the Socialist Republic of 
Vietnam,'' (Preliminary Decision Memorandum) dated concurrently 
with, and hereby adopted by, this notice.
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    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Scope of the Order

    The product covered by the Order is steel nails from Vietnam. For a 
complete description of the scope of this administrative review, see 
the Preliminary Decision Memorandum.

Methodology

    The Department is conducting this CVD review in accordance with 
section 751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we determine that there is a subsidy, i.e., a 
financial contribution by an ``authority'' that confers a benefit to 
the recipient, and that the subsidy is specific.\4\ For a full 
description of the methodology underlying our preliminary conclusions, 
including our reliance, in part, on

[[Page 29023]]

adverse facts available pursuant to sections 776(a) and (b) of the Act, 
see the Preliminary Decision Memorandum.\5\
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and, section 771(5A) of the Act regarding specificity.
    \5\ A list of topics discussed in the Preliminary Decision 
Memorandum can be found as an appendix to this notice.
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Partial Rescission of Administrative Review, and Intent To Rescind, In 
Part

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Mid Continent Steel & Wire, 
Inc. (the petitioner) withdrew its requests for review of 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. No other party requested a review of these 
producers/exporters.\6\ Therefore, in accordance with 19 CFR 
351.213(d)(1), the Department is rescinding this review with respect to 
these companies.
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    \6\ See Letter from the petitioner re: Administrative Review of 
Certain Steel Nails from the Socialist Republic of Vietnam: 
Withdrawal of Request for Administrative Reviews, dated October 5, 
2016.
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    As explained in the Preliminary Decision Memorandum, there is no 
evidence that Dicha Sombrilla Co., Ltd. had a Type 3 (i.e., reviewable) 
entry of subject merchandise during the POR. Therefore, pursuant to 19 
CFR 351.213(d)(3), we preliminarily intend to rescind the review for 
Dicha Sombrilla Co., Ltd.\7\
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    \7\ In Alleghany Ludlum Corp. v. United States, 346 F.3d 1368, 
1372 (Fed. Cir. 2003), the Court of Appeals for the Federal Circuit 
upheld the Department's practice of rescinding annual reviews when 
there are no entries of subject merchandise during the POR.
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Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                        (percent)
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Truong Vinh Ltd.........................................          313.97
Rich State Inc..........................................          313.97
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Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice, in accordance with 19 CFR 351.224(b). 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of these 
preliminary results of review.\8\ 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.\9\ Rebuttal briefs, limited 
to issues raised in the case briefs, may be filed no later than five 
days after the case briefs are filed.\10\
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    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(c)(2).
    \10\ See 19 CFR 351.309(d).
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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, U.S. Department of Commerce, filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's ACCESS by 5:00 p.m. Eastern Time 
within 30 days after the date of publication of this notice.\11\ 
Hearing requests should contain the following: (1) The party's name, 
address, and telephone number; (2) the number of participants; and (3) 
a list of the issues to be discussed. Issues raised in the hearing will 
be limited to those raised in the respective case briefs.
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    \11\ See 19 CFR 351.310(c).
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    Unless extended, the Department intends to issue the final results 
of this review, including the results of its analysis of issues raised 
by parties in their comments, within 120 days after the publication of 
these preliminary results, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h)(1).

Assessment Rates and Cash Deposit Requirement

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon issuance of the final results, the 
Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, CVDs on all appropriate entries covered by this 
review. We intend to issue instructions to CBP 15 days after 
publication of the final results of review.
    Pursuant to section 751(a)(2)(C) of the Act, the Department also 
intends to instruct CBP to collect cash deposits of estimated CVDs, in 
the amounts shown above, for each of the respective companies shown 
above, on shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. For all non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits at the most-recent 
company-specific or all-others rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
    For the non-reviewed firms for which we are rescinding this 
administrative review, the Department intends to instruct CBP 15 days 
after publication of these preliminary results of review to assess CVDs 
at rates equal to the rates of cash deposits for estimated 
countervailing duties required at the time of entry, or withdrawn from 
warehouse, for consumption, during the period November 3, 2014, through 
December 31, 2015, in accordance with 19 CFR 351.212(c)(2).
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: June 19, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Partial Rescission of Review
4. Scope of the Order
5. Application of the Countervailing Duty Law to Imports From 
Vietnam
6. Use of Facts Otherwise Available and Adverse Inferences
    A. Application of AFA: Truong Vinh, Rich State, and the GOV
    B. Selection of the Adverse Facts Available Rate
    C. Corroboration of Secondary Information
7. Disclosure and Public Comment
8. Conclusion

[FR Doc. 2017-13425 Filed 6-26-17; 8:45 am]
 BILLING CODE 3510-DS-P