[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Notices]
[Pages 4770-4772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02584]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-874]


Certain Steel Nails From the Republic of Korea: Final Results of 
Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that Daejin 
Steel Co. (Daejin), Koram Inc. (Koram), and Korea Wire Co. Ltd. 
(Kowire) made sales of certain steel nails (steel nails) from the 
Republic of Korea (Korea) at less than normal value during the period 
of review (POR), July 1, 2016, through June 30, 2017.

DATES: Applicable February 19, 2019.

FOR FURTHER INFORMATION CONTACT: Maliha Khan (Daejin), Trisha Tran 
(Koram), or Robert Galantucci (Kowire), AD/CVD Operations, Office IV, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0895, (202) 482-4852, or (202) 482-2923, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 12, 2018, Commerce published the Preliminary Results of the 
2016-2017 antidumping duty administrative review of steel nails from 
Korea.\1\ Commerce conducted verification of Koram and Kowire from July 
23, 2018 through August 2, 2018. We invited interested parties to

[[Page 4771]]

comment on the Preliminary Results and the verification reports. On 
September 25, 2018, Daejin, Kowire and Mid Continent Steel & Wire, Inc. 
(the petitioner) submitted case briefs.\2\ On October 1, 2018, the 
petitioner and Kowire submitted rebuttal briefs.\3\ On October 26, 
2018, Commerce postponed the final results of this review until 
December 12, 2018.\4\ On December 10, 2018, Commerce postponed the 
deadline for the final results of this review until January 8, 2019.\5\ 
As a result of the partial government shutdown, the deadline for the 
final results of this review was revised to February 19, 2019.\6\
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    \1\ See Certain Steel Nails from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 32265 (July 12, 2018) and accompanying Preliminary 
Decision Memorandum (Preliminary Results).
    \2\ See Letter, ``Certain Steel Nails from Korea: Case Brief on 
Korea Wire Co., Ltd.,'' dated September 25, 2018 (Petitioner Case 
Brief--Kowire); Letter ``Steel Nails from the Republic of Korea--
Case Brief,'' dated September 25, 2018 (Kowire Case Brief); Letter, 
``Administrative Review of the Antidumping Duty Order on Certain 
Steel Nails from Korea--Case Brief of Daejin Steel Co.,'' dated 
September 25, 2018 (Daejin Case Brief).
    \3\ See Letter, ``Certain Steel Nails from Korea: Rebuttal Brief 
to Daejin Steel Co.'s Case Brief,'' dated October 1, 2018 
(Petitioner Rebuttal--Daejin); Letter, ``Steel Nails from the 
Republic of Korea--Rebuttal Brief,'' dated October 1, 2018 (Kowire 
Rebuttal Brief).
    \4\ See Memorandum, ``Certain Steel Nails from the Republic of 
Korea: Extension of Deadline for the Final Results of Antidumping 
Duty Administrative Review; 2016-2017,'' dated October 26, 2018.
    \5\ See Memorandum, ``Certain Steel Nails from the Republic of 
Korea: Extension of Deadline for the Final Results of Antidumping 
Duty Administrative Review; 2016-2017,'' dated December 10, 2018.
    \6\ See Memorandum, ``Deadlines Affected by the Partial Shutdown 
of the Federal Government,'' dated January 28, 2019. All deadlines 
in this segment of the proceeding have been extended by 40 days.
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Scope of the Order

    The merchandise covered by this order is nails having a nominal 
shaft length not exceeding 12 inches.\7\ Merchandise covered by the 
order is currently classified under the Harmonized Tariff Schedule of 
the United States (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. Nails subject to this order also may be classified under 
HTSUS subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS 
subheadings. While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of this 
order is dispositive. For a complete description of the scope of the 
order, see the IDM.\8\
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    \7\ The shaft length of certain steel nails with flat heads or 
parallel shoulders under the head shall be measured from under the 
head or shoulder to the tip of the point. The shaft length of all 
other certain steel nails shall be measured overall.
    \8\ See Memorandum, ``Issues and Decision Memorandum for Final 
Results of the 2016-2017 Administrative Review of the Antidumping 
Duty Order on Certain Steel Nails from the Republic of Korea,'' 
(IDM) dated concurrently with, and hereby adopted by, this notice.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the IDM, which is hereby 
adopted by this notice. A list of the issues raised is attached to this 
notice as an Appendix. The IDM 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 
in the Central Records Unit (CRU), Room B8024 of the main Department of 
Commerce building. In addition, a complete version of the IDM can be 
accessed directly at http://enforcement.trade.gov/frn/index.html. The 
signed IDM and the electronic versions of the IDM 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 revisions to the preliminary margin 
calculations only for Kowire and Koram. The IDM contains a description 
of these revisions.\9\
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    \9\ See also Memorandum, ``Analysis Memorandum for the Final 
Determination of the Antidumping Duty Administrative Review of 
Certain Steel Nails from the Republic of Korea: Korea Wire Co. 
Ltd.,'' dated concurrently with this notice; Memorandum, ``Analysis 
Memorandum for the Final Determination of the Antidumping Duty 
Administrative Review of Certain Steel Nails from the Republic of 
Korea: Koram Inc.,'' dated concurrently with this notice.
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Final Results of the Administrative Review

    We have determined the following weighted-average dumping margins 
to the firms listed below for the period July 1, 2016 through June 30, 
2017:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter\producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Daejin Steel Co.............................................        3.02
Koram Inc...................................................       10.64
Korea Wire Co., Ltd.........................................        0.96
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine, 
and U.S. Customs and Border Protections (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review. We will calculate importer-
specific assessment rates on the basis of the ratio of the total amount 
of antidumping duties calculated for each importer's examined sales and 
the total entered value of the sales in accordance with 19 CFR 
351.212(b)(1).
    For entries of subject merchandise during the POR produced by each 
respondent for which it did not know 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. We intend to issue 
liquidation instructions 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 the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for 
the 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 producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 11.80 percent, the all-others rate established in the 
investigation.\10\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \10\ See Certain Steel Nails from the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value, 80 FR 28955 (May 20, 
2015).

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[[Page 4772]]

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 duties prior to liquidation of the 
relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred 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). Timely 
written notification of the return or 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) of the Act and 19 CFR 351.221(b)(5).

    Dated: February 8, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final IDM

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues

Daejin-Specific Issues

    Comment 1: Scrap Offset
    Comment 2: Cost Variations Not Due to Differences in Physical 
Characteristics
    Comment 3: SG&A Expenses
    Comment 4: Differential Pricing

Kowire-Specific Issues

    Comment 5: Date of Sale
    Comment 6: Relationship with Subcontractor A
    Comment 7: Affiliated Party Transactions
VI. Recommendation

[FR Doc. 2019-02584 Filed 2-15-19; 8:45 am]
BILLING CODE 3510-DS-P