[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
[Notices]
[Pages 9753-9755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05002]


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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; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that Region 
International Co. Ltd. and Region System Sdn. Bhd. (collectively, 
Region) made sales of certain steel nails (steel nails) from Malaysia 
at less than normal value during the period of review (POR) July 1, 
2016, through June 30, 2017, and that Inmax Sdn. Bhd. and Inmax 
Industries Sdn. Bhd. (collectively, Inmax) did not.

DATES: Applicable March 18, 2019.

FOR FURTHER INFORMATION CONTACT: Edythe Artman (Inmax) or Madeline 
Heeren (Region), 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 9, 2018, Commerce published the Preliminary Results of 
the 2016-2017 antidumping duty administrative review of steel nails 
from Malaysia.\1\ Commerce conducted verification of Inmax's sales 
information from September 17 through 21, 2018. We invited interested 
parties to comment on the Preliminary Results and the verification 
report. For Region, we received case briefs from Mid Continent Steel & 
Wire, Inc. (the petitioner) and Region on December 14, 2018,\2\ and a 
rebuttal brief from Region on December 21, 2018.\3\ For Inmax, we 
received a case brief from the petitioner

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on February 14, 2019,\4\ and a rebuttal brief from Inmax on February 
19, 2019.\5\ On February 26, 2019, the petitioner withdrew its request 
for a hearing.\6\
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    \1\ See Certain Steel Nails from Malaysia: Preliminary Results 
and Partial Rescission of Antidumping Duty Administrative Review; 
2016-2017, 83 FR 39422 (August 9, 2018) and accompanying Preliminary 
Decision Memorandum (Preliminary Results).
    \2\ See Letter, ``Certain Steel Nails from Malaysia: Case Brief 
on Region,'' dated December 14, 2018 (Petitioner Case Brief--
Region); see also Region's Letter, ``Certain Steel Nails from 
Malaysia: Case Brief,'' dated December 12, 2018 (Region Case Brief).
    \3\ Letter, ``Steel Nails from Malaysia: Rebuttal Brief,'' dated 
December 21, 2018 (Region's Rebuttal Brief).
    \4\ See Letter, ``Certain Steel Nails from Malaysia: Case Brief 
Inmax,'' dated February 14, 2018 (Petitioner Case Brief--Inmax).
    \5\ See Letter, ``Steel Nails from Malaysia--Rebuttal Brief,'' 
dated February 19, 2019 (Inmax Rebuttal Brief).
    \6\ See Petitioner's Letter, ``Certain Steel Nails from 
Malaysia: Withdrawal of Hearing Request,'' dated February 26, 2019.
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    On November 8, 2018, Commerce postponed the deadline for the final 
results of this review until February 1, 2019.\7\ Commerce exercised 
its discretion to toll all deadlines affected by the partial federal 
government closure from December 22, 2018, through the resumption of 
operations on January 29, 2019. If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will 
become the next business day. Accordingly, the deadline for the final 
results of this review was revised to March 13, 2019.\8\
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    \7\ See Memorandum, ``Certain Steel Nails from Malaysia: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review; 2016-2017,'' dated November 8, 2018.
    \8\ See Memorandum to the Record from 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, ``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 steel nails, which 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.\9\
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    \9\ 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; 2016-2017,'' dated March 
13, 2019 (Issues and Decision Memorandum), 3-4.
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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 Issues and Decision 
Memorandum, which is hereby adopted by this notice. A list of the 
issues raised 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 in the Central Records 
Unit (CRU), 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 Issues and Decision Memorandum and the electronic version of 
the 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 revisions to the preliminary margin 
calculations for Inmax and Region. The Issues and Decision Memorandum 
contains a description of these revisions.\10\
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    \10\ See Issues and Decision Memorandum at 4-5; see also 
Memorandum, ``Margin Calculation Memorandum for Inmax Sdn. Bhd. and 
Inmax Industries Sdn. Bhd. in the Final Results of the 
Administrative Review of the Antidumping Duty Order on Certain Steel 
Nails from Malaysia,'' dated concurrently with this notice; 
Memorandum, ``Analysis Memorandum for Region International Co., Ltd 
and Region System Sdn. Bhd. in the Preliminary Results of the 2016/
2017 Administrative Review of the Antidumping Duty Order on Certain 
Steel Nails from Malaysia,'' dated concurrently with this notice.
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Final Results of the Administrative Review

    We have determined the following weighted-average dumping margins 
for the firms listed below for the period July 1, 2016, through June 
30, 2017: \11\
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    \11\ Commerce has determined to collapse, and treat as a single 
entity, affiliates Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd. 
(collectively, Inmax) and Region International Co. Ltd. and Region 
System Sdn. Bhd. (collectively, Region) for these final results of 
review. For a discussion of this analysis, see Memorandum, 
``Decision Memorandum for Preliminary Results and Partial Rescission 
of Antidumping Duty Administrative Review: Certain Steel Nails from 
Malaysia; 2016-2017, dated August 3, 2018, 4-6.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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Inmax Sdn. Bhd. and Inmax Industries Sdn. Bhd...........            0.00
Region International Co. Ltd. and Region System Sdn. Bhd            1.46
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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).

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,

[[Page 9755]]

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 2.66 percent, the all-others rate established in the 
investigation.\12\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \12\ 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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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: March 13, 2019.
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 Issues and Decision Memorandum

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

Inmax-Specific Issues

Comment 1: Revision of General and Administrative Expenses

Region-Specific Issues

Comment 2: Application of the Transactions Disregarded Analysis
    (a) Heat Treatment
    (b) Electroplating
    (c) Clerical Errors
VII. Recommendation

[FR Doc. 2019-05002 Filed 3-15-19; 8:45 am]
 BILLING CODE 3510-DS-P