[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Pages 20792-20793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09754]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-055]


Carton-Closing Staples From the People's Republic of China: 
Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing an antidumping duty order on carton-closing staples 
from the People's Republic of China (China).

DATES: Applicable May 8, 2018.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with section 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on March 28, 
2018, Commerce published its affirmative final determination in the 
less than fair value (LTFV) investigation of carton-closing staples 
from China.\1\ On April 30, 2018, the ITC notified Commerce of its 
final determination pursuant to section 735(b)(1)(A)(i) of the Act, 
that an industry in the United States is materially injured or 
threatened with material injury by reason of imports of carton-closing 
staples from China.\2\
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    \1\ See Carton-Closing Staples from the People's Republic of 
China: Final Affirmative Determination of Sales at Less Than Fair 
Value, 83 FR 13236 (March 28, 2018).
    \2\ See Letter to Gary Taverman, Acting Assistant Secretary of 
Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, 
Chairman of the U.S. International Trade Commission, regarding 
carton-closing staples from China, dated April 30, 2018 (ITC 
Notification). See also Carton-Closing Staples from China, Inv. No. 
731-TA-1359, USITC Pub. 4778, (April 2018) (Final).
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Scope of the Order

    The scope of the order is carton-closing staples. Carton-closing 
staples may be manufactured from carbon, alloy, or stainless steel 
wire, and are included in the scope of the investigation regardless of 
whether they are uncoated or coated, regardless of the type of coating.
    Carton-closing staples are generally made to American Society for 
Testing and Materials (ASTM) specification ASTM D1974/D1974M-16, but 
can also be made to other specifications. Regardless of specification, 
however, all carton-closing staples meeting the scope description are 
included in the scope. Carton-closing staples include stick staple 
products, often referred to as staple strips, and roll staple products, 
often referred to as coils. Stick staples are lightly cemented or 
lacquered together to facilitate handling and loading into stapling 
machines. Roll staples are taped together along their crowns. Carton-
closing staples are covered regardless of whether they are imported in 
stick form or roll form.
    Carton-closing staples vary by the size of the wire, the width of 
the crown, and the length of the leg. The nominal leg length ranges 
from 0.4095 inch to 1.375 inches and the nominal crown width ranges 
from 1.125 inches to 1.375 inches. The size of the wire used in the 
production of carton-closing staples varies from 0.029 to 0.064 inch 
(nominal thickness) by 0.064 to 0.100 inch (nominal width).
    Carton-closing staples subject to this order are currently 
classifiable under subheadings 8305.20.00.00 and 7317.00.65.60 of the 
Harmonized Tariff Schedule of the United States (HTSUS). While the 
HTSUS subheadings and ASTM specification are provided for convenience 
and for customs purposes, the written description of the subject 
merchandise is dispositive.

Antidumping Duty Order

    In accordance with sections 735(b)(1)(A) and 735(d) of the Act, the 
ITC has notified Commerce of its final determination in this 
investigation, in which it found that imports of carton-closing staples 
from China are materially injuring or threatening material injury to a 
U.S. industry.\3\ Therefore, in accordance with sections 735(c)(2) and 
736(a) of the Act, we are publishing this antidumping duty order.
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    \3\ See ITC Notification.
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    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, Commerce will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by 
Commerce, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise, for all relevant entries of carton-
closing staples from China. These antidumping duties will be assessed 
on unliquidated entries from China entered, or withdrawn from

[[Page 20793]]

warehouse, for consumption on or after November 3, 2017, the date on 
which Commerce published the Preliminary Determination,\4\ but will not 
include entries occurring after the expiration of the provisional 
measures period and before publication of the ITC's final injury 
determination, as further described below.
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    \4\ See Carton-Closing Staples from the People's Republic of 
China: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Postponement of Final Determination and Extension of 
Provisional Measures, 82 FR 51213 (November 3, 2017) (Preliminary 
Determination).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on entries of subject 
merchandise from China. We will also instruct CBP to require cash 
deposits equal to the estimated amount by which the normal value 
exceeds the U.S. price as indicated in the chart below. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the estimated antidumping 
duty margin as discussed above.\5\ The ``China-wide'' rate applies to 
all exporters of subject merchandise not specifically listed in the 
table below.
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    \5\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
Commerce to extend that four-month period to no more than six months. 
At the request of the exporters that account for a significant portion 
of carton-closing staples from China, we extended the four-month period 
to six months in the Preliminary Determination dated November 3, 
2017.\6\ Therefore, the extended period beginning on November 3, 2017, 
the date of publication of the Preliminary Determination, ended May 1, 
2018. Furthermore, section 737(b) of the Act states that definitive 
duties are to begin on the date of publication of the ITC's final 
injury determination.
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    \6\ See Preliminary Determination, 82 FR at 51215.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of carton-closing staples from China entered, or 
withdrawn from warehouse, for consumption on or after May 2, 2018, the 
day after which the provisional measures expired, until and through the 
day preceding the date of publication of the ITC's final injury 
determinations in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's final determination in 
the Federal Register.

Estimated Dumping Margin

    Commerce determines that the estimated final dumping margins are as 
follows:

------------------------------------------------------------------------
                                                              Margin
            Producer                     Exporter            (percent)
------------------------------------------------------------------------
Yueda Group: Shanghai Yueda      Yueda Group: Shanghai            263.40
 Nails Co., Ltd., or Qiushan      Yueda Nails Co., Ltd.,
 Printing Machinery Co., Ltd..    or Fastnail Products
                                  Limited, or Wuhan FOPO
                                  Trading Co., Ltd., or
                                  China Dinghao Co.,
                                  Limited.
Hangzhou Huayu Machinery Co.,    Hangzhou Huayu                   115.65
 Ltd.                             Machinery Co., Ltd.
The Stanley Works (Langfang)     The Stanley Works                115.65
 Fastening Systems Co., Ltd.      (Langfang) Fastening
                                  Systems Co., Ltd.
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    China-Wide Entity...................................          263.40
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Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
carton-closing staples from China, pursuant to section 736(a) of the 
Act. Interested parties may contact Commerce's Central Records Unit, 
Room B8024 of the main Commerce building, for copies of an updated list 
of antidumping duty orders currently in effect.
    This order is issued and published in accordance with sections 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: May 2, 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.
[FR Doc. 2018-09754 Filed 5-4-18; 4:15 pm]
 BILLING CODE 3510-DS-P