[Federal Register Volume 84, Number 59 (Wednesday, March 27, 2019)]
[Notices]
[Pages 11506-11508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05427]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-854]


Certain Steel Nails From Taiwan: Final Results of Antidumping 
Duty Administrative Review and Partial Rescission of Administrative 
Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that 
producers and/or exporters subject to this administrative review made 
sales of subject merchandise at less than normal value. Interested 
parties are invited to comment on these results of review.

DATES: Applicable March 27, 2019.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Chelsey Simonovich, 
AD/CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4947or (202) 482-1979, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2018, Commerce published the Preliminary Results of 
this administrative review.\1\ For the events that occurred since the 
Preliminary Results, see the Issues and Decision Memorandum.\2\ 
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.\3\ 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 Taiwan nails decision is now March 15, 2019. Commerce conducted 
this review in accordance with section 751(a) of the Tariff Act of 
1930, as amended (the Act). This review covers the following producers/
exporters of subject merchandise: Bonuts Hardware Logistic Co., Ltd. 
(Bonuts); PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc. (PT/
Pro-Team); and Unicatch Industrial Co. Ltd. (Unicatch).
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    \1\ See Certain Steel Nails from Taiwan: Preliminary Results of 
Antidumping Duty Administrative Review and Partial Rescission of 
Administrative Review; 2016-2017, 83 FR 39675 (August 10, 2018) 
(Preliminary Results) and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2016-2017 Administrative Review of the 
Antidumping Duty Order on Certain Steel Nails from Taiwan'' (Issues 
and Decision Memorandum), dated concurrently with this notice and 
incorporated herein by reference.
    \3\ 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 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.
    While the HTSUS subheadings are provided for convenience and 
customs purpose, the written description is dispositive.\4\
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    \4\ A full description of the scope of the order is contained in 
the Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues which 
parties raised, and to which we responded in the Issues and Decision 
Memorandum, can be found at the Appendix to this notice. 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

[[Page 11507]]

registered users at https://access.trade.gov and 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 on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the Preliminary Results. Specifically, we made adjustments 
to the constructed value calculation and the antidumping margin 
programs for PT/Pro-Team and Unicatch for these final results. For a 
full discussion of these changes, see the Issues and Decision 
Memorandum.

Application of Facts Available and Adverse Facts Available

    We continue to find that Bonuts failed to cooperate to the best of 
its ability in responding to Commerce's requests for information. Thus, 
we find that the application of adverse facts available, pursuant to 
section 776(a)-(b) of the Act, is warranted with respect to Bonuts. For 
a full description of the methodology and rationale underlying our 
conclusions, see Issues and Decision Memorandum.

Duty Absorption

    In the Preliminary Results, Commerce made a preliminary 
determination to not examine duty absorption for PT/Pro-Team's and 
Unicatch's export price (EP) sales, and preliminarily found that 
Unicatch absorbed antidumping duties for its constructed export price 
(CEP) sales during the instant POR.\5\ For these final results, no 
party filed comments on this issue and, therefore, we have made no 
changes to our Preliminary Results with respect to duty absorption.\6\
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    \5\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum at 5-7.
    \6\ Id.
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Final Results of Review

    As a result of this review, Commerce determines that the following 
margins exist for the period of review (POR) of July 1, 2016 through 
June 30, 2017:

------------------------------------------------------------------------
                                                                Margin
                      Producer/exporter                        (percent)
------------------------------------------------------------------------
Bonuts Hardware Logistic Co., Ltd...........................       78.13
PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc......        0.00
Unicatch Industrial Co. Ltd.................................        6.16
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Disclosure

    We intend to disclose the calculations performed for these final 
results of review within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Duty Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review. Commerce intends to 
issue assessment instructions to CBP 15 days after the date of 
publication of the final results of this administrative review in the 
Federal Register. We will instruct CBP to apply an ad valorem 
assessment rate of 78.13 percent, 0.00 percent, and 6.16 percent, 
respectively, to all entries of subject merchandise during the POR 
which were produced and/or exported by the companies stated above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Bonuts, PT/Pro-Team, or 
Unicatch, for which the producer did not know that 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.\7\
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    \7\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided for by section 751(a)(2)(C) 
of the Act: (1) The cash deposit rates for the companies listed in 
these final results will be equal to the rates established in the final 
results of this review; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior segment of 
this proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment in 
which the company was reviewed; (3) if the exporter is not a firm 
covered in this review or the original less-than-fair-value (LTFV) 
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 2.16 percent,\8\ the all-others rate established in the LTFV 
investigation. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \8\ See Certain Steel Nails from Taiwan: Notice of Court 
Decision Not in Harmony with Final Determination in Less Than Fair 
Value Investigation and Notice of Amended Final Determination, 82 FR 
55090, 55091 (November 20, 2017).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties Regarding Administrative Protective 
Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 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)(1) of the Act and 19 CFR 351.213(h).

    Dated: March 18, 2019.
Christian Marsh,
Deputy 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. Duty Absorption
VI. Discussion of the Issues
    A. General Issues

[[Page 11508]]

    Comment 1: Constructed Value (CV) Profit--Financial Statements
    Comment 2: CV Profit--Calculation Adjustments
    B. PT/Pro-Team Issues
    Comment 3: Transactions Disregarded Adjustment for Pro-Team's 
Factory Overhead
    Comment 4: Tollers
    B. Unicatch Issues
    Comment 5: Inclusion of Verification Corrections
    Comment 6: Scrap Offset
    Comment 7: Cost of Production
    Comment 8: Imputed Interest
    Comment 9: Freight Revenue
    Comment 10: Commissions
    Comment 11: TC's U.S. Commissions
    Comment 12: U.S. Warehousing Expenses
    Comment 13: Programming Errors
VII. Recommendation

[FR Doc. 2019-05427 Filed 3-26-19; 8:45 am]
 BILLING CODE 3510-DS-P