[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.
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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,
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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