[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Notices]
[Pages 5757-5759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02628]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-816]


Certain Steel Nails From Malaysia: Final Results of Antidumping 
Duty Administrative Review; 2014-2016

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

SUMMARY: The Department of Commerce (Commerce) determines that Inmax 
Sdn. Bhd. and Inmax Industries Sdn. Bhd. (collectively, Inmax), and 
Region International Co. Ltd. and Region System Sdn. Bhd. 
(collectively, Region) made sales of certain steel nails (steel nails) 
from Malaysia at prices below normal value during the period of review 
of December 29, 2014, through June 30, 2016.

DATES: Applicable February 9, 2018.

FOR FURTHER INFORMATION CONTACT: Edythe Artman or Madeline Heeren, 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) 482-3931 or (202) 
482-9179, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 7, 2017, Commerce published the Preliminary Results.\1\ 
Commerce has exercised its discretion to toll deadlines for the 
duration of the closure of the Federal Government from January 20 
through 22, 2018. If the new deadline falls on a non-business day, in 
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.\2\ A summary of the

[[Page 5758]]

events that occurred since Commerce published these results, as well as 
a full discussion of the issues raised by parties for this final 
determination, may be found in the Issues and Decision Memorandum, 
which is hereby adopted by this notice.\3\
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    \1\ See Issues and Decision Memorandum for the Final Results of 
the Administrative Review of the Antidumping Duty Order on Certain 
Steel Nails from Malaysia; 2014-2016, 82 FR 36741 (August 7, 2017) 
(Preliminary Results).
    \2\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``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.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Certain Steel Nails from Malaysia; 2014-2016'', dated 
concurrently with this notice (Issues and Decision Memorandum).
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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.
    For a complete description of the scope of the order, see the 
Issues and Decision Memorandum

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues raised by parties is attached to this 
notice as an Appendix. 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 it 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 at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties, we made certain changes to the margin calculations 
for Region. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Issues and Decision Memorandum. As a 
result of these changes, the weighted-average dumping margin also 
changed for the company not selected for individual examination.
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    \4\ As we did not have a publicly ranged total U.S. sales value 
for Region for the period December 29, 2014, through June 30, 2016, 
in accordance with our practice, to calculate a weighted-average 
dumping margin for the non-examined company, Tag Fasteners Sdn. 
Bhd., the rate applied to this company is a simple average of the 
weighted-average dumping margins calculated for Inmax and Region.
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Final Results of the Review

    The final weighted-average dumping margins are as follows: \4\

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd...............        1.03
Region International Co. Ltd. and Region System Sdn. Bhd....        1.87
Tag Fasteners Sdn. Bhd......................................        1.45
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice, 
in accordance with 19 CFR 351.224(b).

Duty Assessment

    Commerce shall determine and U.S. Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries.\5\ 
For any individually examined respondents whose weighted-average 
dumping margin is above de minimis, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the importer's examined sales to the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1). Upon issuance of the final results of this 
administrative review, if any importer-specific assessment rates 
calculated in the final results are above de minimis (i.e., at or above 
0.5 percent), Commerce will issue instructions directly to CBP to 
assess antidumping duties on appropriate entries.
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    \5\ In these final results, Commerce applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation 
of the Weighted-Average Dumping Margin and Assessment Rate in 
Certain Antidumping Proceedings: Final Modification, 77 FR 8101 
(February 14, 2012).
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    To determine whether the duty assessment rates covering the period 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), for each respondent we calculated importer (or 
customer)-specific ad valorem rates by aggregating the amount of 
dumping calculated for all U.S. sales to that importer or customer and 
dividing this amount by the total entered value of the sales to that 
importer (or customer). Where an importer (or customer)-specific ad 
valorem rate is greater than de minimis, and the respondent has 
reported reliable entered values, we will apply the assessment rate to 
the entered value of the importer's/customer's entries during the 
review period.
    We intend to issue assessment instructions directly to CBP 15 days 
after publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication of these final results, as provided by section 751(a)(2) of 
the Act: (1) The cash deposit rate for respondents noted above will be 
the rate established in the final results of this administrative 
review; (2) for merchandise exported by manufacturers or exporters not 
covered in this administrative review but 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; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the manufacturer of 
the subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 2.66 percent, the all-
others rate established in the antidumping investigation.\6\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \6\ 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).

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[[Page 5759]]

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during the period of review. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties did occur and the subsequent assessment of doubled antidumping 
duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction 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/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 Final Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Rate for Unexamined Respondents
VI. Discussion of the Issues
    A. Inmax
    Comment 1: Revision of G&A Expenses
    B. Region
    Comment 2: Application of the Transactions Disregarded Analysis
    Comment 3: Revision of Interest Expense Ratio
    Comment 4: Correction of Clerical Errors in Its Preliminary 
Results
VII. Recommendation

[FR Doc. 2018-02628 Filed 2-8-18; 8:45 am]
 BILLING CODE 3510-DS-P