[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Notices]
[Pages 36744-36746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16498]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-854]


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

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain steel 
nails from Taiwan. The period of review (POR) is May 20, 2015, through 
June 30, 2016. This review covers Bonuts Logistics Co., LLC (Bonuts); 
Hor Liang Industrial Corp.; Romp Coil Nails Industries Inc.; PT 
Enterprise, Inc. (PT Enterprise) and its affiliated producer Pro-Team 
Coil Nail Enterprise, Inc. (Pro-Team) (collectively, PT); and Unicatch 
Industrial Co. Ltd. and its affiliated U.S. reseller, TC International, 
Inc. (collectively, Unicatch). The Department preliminarily determines 
that Bonuts, Hor Liang Industrial Corp., Romp Coil Nails Industries 
Inc., PT, and Unicatch made U.S. sales of subject merchandise below 
normal value. The preliminary results are listed below in the section 
titled ``Preliminary Results of Review.'' We are rescinding the review 
with respect to 79 companies for which the request for review was 
timely withdrawn. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable August 7, 2017.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Victoria Cho, 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) 482-4947 or (202) 482-5075, 
respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order \1\
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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).
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    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.
    The full description of the scope of the order is contained in the 
memorandum, ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Certain Steel Nails from 
Taiwan; 2015-2016'' (Preliminary Decision Memorandum), which is hereby 
adopted by this notice. The written description of the scope of the 
order is dispositive.

Methodology

    For Unicatch, the Department has conducted this review in 
accordance with section 751(a)(1) of the Tariff Act of 1930, as amended 
(the Act). Normal value (NV) is calculated in accordance with section 
773(e) of the Act. Constructed export price or export price is 
calculated in accordance with section 773(a) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. 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 is available to all 
parties in the Central Records Unit, room B-8024 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/index.html. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as the Appendix to this 
notice.

Application of Facts Available and Adverse Facts Available

    We preliminarily determine that PT and Bonuts failed to cooperate 
to the best of their ability in participating in the review, warranting 
the application of facts otherwise available with adverse inferences, 
pursuant to section 776(a)-(b) of the Act. For a full description of 
the methodology and rationale underlying our conclusions, see the 
Preliminary Decision Memorandum.

Rate for Non-Examined Companies

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when the Department limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, the Department 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} .'' In this review, we calculated a 
weighted-average dumping margin for Unicatch that is not zero, de 
minimis, or determined entirely on the basis of facts available. 
Accordingly, the Department assigned Hor Liang Industrial Corp., and 
Romp Coil Nails Industries Inc. a margin of 34.20 percent, which is 
Unicatch's calculated weighted-average dumping margin.

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 requests for

[[Page 36745]]

certain companies.\2\ Pursuant to 19 CFR 351.213(d)(1), the Department 
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. For a full description of the methodology and rationale 
underlying our conclusions, see the Preliminary Decision Memorandum.
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    \2\ ABF Freight International Private Ltd., Astrotech Steels 
Private Ltd., Air Sea Transport, Inc., Basso Industry Corporation, 
Apex Maritime (Fuzhou) Co., Ltd., Blue Moon Logistics Private Ltd., 
Apex Maritime (Shenzhen) Co., Ltd., Aplus Pneumatic Corp., Bollore 
Logistics (Taiwan) Ltd., Bollore Logistics (Vietnam) Co. Ltd., 
Dahnay Logistics Private Ltd., C.H. Robinson Freight Services, DIFS 
Logistics Co. Ltd., Certified Products Taiwan Inc., Eagre 
International Trade Co., Ltd., Challenge Industrial Co., Ltd., 
Easylink Industrial Co., Ltd., Chia Pao Metal Co. Ltd., Encore Green 
Co., Ltd., China Staple Enterprise Corporation, Everise Global 
Logistics Co., Ltd., Chite Enterprises Co., Ltd., Faithful 
Engineering Products Co. Ltd., Crown Run Industrial Corp., Fastenal 
Asia Pacific Ltd., Freight Links International Ltd., Honour Lane 
Logistics Co., Ltd., General Merchandise Consolidators, Ginfa World 
Co. Ltd., HWA Hsing Screw Industry Co. Ltd., Gloex Company, Inmax 
Industries Sdn Bhd, Hariharan Logistics, Integral Building Products 
Inc., Hecny Group, Interactive Corporation, Hi-Sharp Industrial 
Corp. Ltd., Jade Shuttle Enterprise Co., Ltd., Home Value Co., Ltd., 
Jau Yeou Industry Co. Ltd., Jinhai Hardware Co., Ltd., Nora Freight 
Services Sdn Bhd, K Win Fasteners Inc., Orient Express Container 
Co., Ltd., King Freight International Corporation, Orient Star 
Transport International Ltd., Kuan Hsin Screw Industry Co., Ltd., 
Pacific Concord International Ltd., Liang Chyuan Industrial Co., 
Ltd., Patek Tool Co., Ltd., Linkwell Industry Co. Ltd., Pneumax 
Corp., ML Global Ltd., President Industrial Inc., Maytrans 
International Corp., Newrex Screw Corporation, Qi Ding Enterprise 
Co. Ltd., T.H.I. Logistics Co. Ltd., Quick Advance Inc., Tag 
Fasteners Sdn Bhd, Ray Fu Enterprise Co., Ltd., Taiwan Wakisangyo 
Co. Ltd., Region Systen Sdn Bhd, Tianjin Jinchi Metal Products Co. 
Ltd., TK Logistics International Co. Ltd., Schenker (H.K.) Ltd. 
Taiwan Branch, Topocean Consolidation Service Ltd., Shang Jeng Nail 
Co., Ltd., Transworld Transportation Co. Ltd., Suntec Industries 
Co., Ltd., Unicom International Tower, Trim International Inc., Tsi-
Translink (Taiwan) Co. Ltd., WTA International Co. Ltd., U-Can-Do 
Hardware Corp., Yeun Chang Hardware Tool Co. Ltd., United Nail 
Products Co. Ltd., Yu Tai World Co., Ltd., UPS Supply Chain 
Solutions, and Zon Mon Co. Ltd.
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                                Dumping
                      Producer/exporter                         margin
                                                               (percent)
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Bonuts Logistics Co., LLC...................................       78.17
PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc......       78.17
Unicatch Industrial Co. Ltd.................................       34.20
Non-Examined Companies \3\..................................       34.20
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Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\4\ 
Interested parties may submit cases briefs no later than 30 days after 
the date of publication of this notice.\5\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the due date for filing case briefs.\6\ 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.\7\ Case and rebuttal 
briefs should be filed using ACCESS.\8\ In order to be properly filed, 
ACCESS must successfully receive an electronically filed document in 
its entirety by 5 p.m. Eastern Time.
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    \3\ The non-examined companies are Hor Liang Industrial Corp., 
and Romp Coil Nails Industries Inc.
    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c)(1)(ii).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS, within 30 days after the date of publication of this notice.\9\ 
Requests should contain: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case and rebuttal briefs.
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    \9\ See 19 CFR 351.310(c).
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    Unless otherwise extended, the Department intends to issue the 
final results of this administrative review, including the results of 
its analysis of the issues raised in any written briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue 
instructions to CBP 15 days after the date of publication of the final 
results of this review.
    Where the respondent reported reliable entered values, we 
calculated importer- (or customer-) specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\10\ Where the 
Department calculated a weighted-average dumping margin by dividing the 
total amount of dumping for reviewed sales to that party by the total 
sales quantity associated with those transactions, the Department will 
direct CBP to assess importer- (or customer-) specific assessment rates 
based on the resulting per-unit rates.\11\ Where an importer- (or 
customer-) specific ad valorem or per-unit rate is greater than de 
minimis (i.e., 0.50 percent), the Department will instruct CBP to 
collect the appropriate duties at the time of liquidation.\12\ Where an 
importer- (or customer-) specific ad valorem or per-unit rate is zero 
or de minimis, the Department will instruct CBP to liquidate 
appropriate entries without regard to antidumping duties.\13\
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    \10\ See 19 CFR 351.212(b)(1).
    \11\ Id.
    \12\ Id.
    \13\ See 19 CFR 351.106(c)(2).
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    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 the Department's assessment practice, for entries 
of subject merchandise during the POR produced by Bonuts, PT, 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.\14\
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    \14\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    For the firms covered by this review, we intend to issue 
liquidation instructions to CBP 15 days after publication of the final 
results of this review. 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 antidumping duties at rates equal to the rates of cash 
deposits for estimated antidumping duties required at the time of 
entry, or withdrawn from warehouse, for consumption, during the period 
May 20,

[[Page 36746]]

2015, through June 30, 2016, in accordance with 19 CFR 351.212(c)(2).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the 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 by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Bonuts, PT, and 
Unicatch will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), in which 
case the cash deposit rate will be zero; (2) for other manufacturers 
and exporters covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment of this proceeding in which 
that manufacturer or exporter participated; (3) if the exporter is not 
a firm covered in this review, a prior review, or the original less-
than-fair-value (LTFV) investigation, but the manufacturer is, then the 
cash deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the manufacturer of subject 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 2.24 percent, the all-others rate in 
the LTFV investigation.\15\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \15\ See Certain Steel Nails from Taiwan: Final Determination of 
Sales at Less Than Fair Value, 80 FR 28959 (May 20, 2015).
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Notifications

    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 Secretary'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.

    Dated: July 31, 2017.
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 Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Affiliation and Collapsing
6. Adverse Facts Available
7. Comparisons to Normal Value
8. Date of Sale
9. Export Price and Constructed Export Price
10. Normal Value
11. Currency Conversion
12. Recommendation

[FR Doc. 2017-16498 Filed 8-4-17; 8:45 am]
BILLING CODE 3510-DS-P