[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Notices]
[Pages 55090-55091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25086]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-854]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 4, 2017, the United States Court of International 
Trade (CIT) issued final judgment in Mid Continent Steel & Wire, Inc. 
v. United States, et al., consolidated Court No. 15-00213, sustaining 
the Department of Commerce's (the Department's) final results of 
redetermination pursuant to remand. The Department is notifying the 
public that the final judgment in this case is not in harmony with the 
Department's final determination in the less than fair value 
investigation of certain steel nails from Taiwan, and is amending the 
final determination with respect to the weighted-average dumping 
margins assigned to mandatory respondent PT Enterprise Inc. and all 
other producers and exporters.
    Applicable: October 14, 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: 

Background

    On May 20, 2015, the Department published its affirmative final 
determination of sales at less than fair value, in which it determined 
a weighted-average dumping margin of 2.24 percent for exporter PT 
Enterprise Inc. and its affiliated producer, Pro-Team Coil Nail 
Enterprise Inc. (Pro-Team) (collectively, PT).\1\ The antidumping duty 
order was published on July 13, 2015.\2\ Mid Continent Steel & Wire, 
Inc. (the petitioner); PT; and Unicatch Industrial Co., Ltd., WTA 
International Co., Ltd., Zon Mon Co., Ltd., Hor Liang Industrial 
Corporation, President Industrial Inc., and Liang Chyuan Industrial 
Co., Ltd. (collectively, Taiwan Plaintiffs) appealed certain aspects of 
the Final Determination to the CIT. On March 23, 2017, the CIT 
sustained in part, and remanded in part, the Department's Final 
Determination.\3\ In particular, the CIT remanded for further 
explanation or redetermination the issue of PT's general and 
administrative (G&A) expense ratio calculation.
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    \1\ See Certain Steel Nails from Taiwan: Final Determination of 
Sales at Less Than Fair Value, 80 FR 28959, 28961 (May 20, 2015) 
(Final Determination) and accompanying Issues and Decision 
Memorandum (IDM).
    \2\ 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) 
(Order).
    \3\ Mid Continent Steel & Wire, Inc. et al. v. United States, 
219 F. Supp. 3d 1326 (CIT March 23, 2017).
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    On June 21, 2017, the Department issued its final results of 
redetermination pursuant to remand.\4\ The Department provided 
additional explanation and made certain revisions with respect to PT's 
G&A expense ratio calculation.\5\ Specifically, the Department 
explained that it calculates the G&A expense ratio based on the 
company-wide G&A expenses of the company (i.e., the operating expenses, 
per the audited financial statements, which are those costs that do not 
relate directly to the manufacture of products during the period of 
investigation or review, but, instead, relate to the general operations 
of the company during this period) allocated over the company's 
company-wide cost of sales, or cost of goods sold (COGS) (i.e., the 
operating costs, per the audited financial statements, which directly 
relate to the manufacture of specific products). With respect to the 
specific costs and expenses at issue, the Department further explained 
that it allocated the costs and expenses by looking at how Pro-Team 
allocated such costs in its audited financial statements. Concerning a 
subsidy received by Pro-Team to support its steam production products 
business, the Department reconsidered its prior determination and 
included the subsidy as part of Pro-Team's G&A expenses, as opposed to 
its COGS. The Department explained that it revised its treatment of the 
subsidy because, as supported by Pro-Team's own books and records, the 
subsidy related to general, not operating expenses. As a result of 
these changes, the Department determined a weighted-average dumping 
margin of 2.16 percent for PT, which also resulted in a revised rate of 
2.16 percent for all other producers and exporters.\6\
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    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Certain Steel Nails from Taiwan, Mid Continent Steel & Wire, 
Inc. v. United States, et al., Court No. 15-00213, Slip Op. 17-31 
(CIT March 23, 2017), dated June 21, 2017 (Remand Results), 
available at http://enforcement.trade.gov/remands/index.html.
    \5\ See generally Remand Results.
    \6\ See Remand Results at 23-24.
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    On October 4, 2017, the CIT entered judgment sustaining the 
Department's Remand Results.\7\
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    \7\ See Mid Continent Steel & Wire, Inc. v. United States, et 
al., Court No. 15-00213, Slip Op. 17-135 (CIT October 4, 2017).
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Timken Notice

    In its decision in Timken Co. v. United States,\8\ as clarified by 
Diamond Sawblades Mfrs. Coalition v. United States,\9\ the Federal 
Circuit held that, pursuant to section 516A(e) of the Tariff Act of 
1930, as amended (the Act), the Department must publish a notice of a 
court decision not ``in harmony'' with a Department determination, and 
must suspend liquidation of entries pending a ``conclusive'' court 
decision. The CIT's October 4, 2017 judgment sustaining the Remand 
Results constitutes a final

[[Page 55091]]

decision of the Court that is not in harmony with the Department's 
Final Determination. This notice is published in fulfillment of the 
publication requirement of Timken.
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    \8\ Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(Timken).
    \9\ Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 
1374 (Fed. Cir. 2010).
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Amended Final Results

    Because there is now a final court decision, the Department amends 
the Final Determination with respect to the margin assigned to PT and 
for all other producers and exporters.\10\
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    \10\ See Final Determination, 80 FR at 28961; see also Remand 
Results at 23-24. Note that entries of merchandise produced by Ko 
Nails, Inc. and exported by Quick Advance Inc. are excluded from the 
order. See Order at 39997.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                   Producer/exporter \11\                       dumping
                                                              margin (%)
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Producer: Pro-Team Coil Nail Enterprise, Inc................        2.16
Exporter: Pro-Team Coil Nail Enterprise, Inc. or PT           ..........
 Enterprise Inc.\12\........................................
All-Others..................................................        2.16
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Cash Deposit Requirements

    Since the Final Determination, the Department has not established a 
new cash deposit rate for PT or all other producers and exporters. As a 
result, in accordance with section 735(c)(1)(B) of the Act, the 
Department will instruct U.S. Customs and Border Protection to collect 
cash deposits at the rates for entries of subject merchandise in 
accordance with the rates for exporters and producers listed above in 
this notice, effective October 14, 2017.
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    \11\ In the Final Determination and the Order, the Department 
only listed PT Enterprise Inc., an exporter, and did not include its 
affiliated producer, Pro-Team Coil Nail Enterprise, Inc., in the 
chart reflecting final weighted-average dumping margins. For clarity 
and for purposes of issuing our cash deposit instructions to CBP, we 
now include reference to Pro-Team Coil Nail Enterprise, Inc. in this 
amended final determination.
    \12\ We incorrectly referred to PT Enterprise Inc. as PT 
Enterprises in the Final Determination and the Order. See Final 
Determination, at 28961; see also Order, at 39996.
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516(A)(e), 735(c)(1)(B), and 777(i)(1) of the Act.

    Dated: November 13, 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.
[FR Doc. 2017-25086 Filed 11-17-17; 8:45 am]
 BILLING CODE 3510-DS-P