[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31840-31844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14232]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-113]


Certain Collated Steel Staples From the People's Republic of 
China: Initiation of Countervailing Duty Investigation

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

DATES: Applicable June 26, 2019.

FOR FURTHER INFORMATION CONTACT: Robert Palmer or Joshua Simonidis, 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) 482-9068 or (202) 
482-0608, respectively,

SUPPLEMENTARY INFORMATION: 

The Petition

    On June 6, 2019, the U.S. Department of Commerce (Commerce) 
received a countervailing duty (CVD) petition concerning imports of 
certain collated steel staples (collated staples) from the People's 
Republic of China (China).\1\ The Petition was filed in proper form by 
Kyocera Senco Industrial Tools, Inc. (the petitioner). The CVD Petition 
was accompanied by antidumping duty (AD) petitions concerning imports 
of collated staples from China, the Republic of Korea, and Taiwan.\2\
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    \1\ See the Petitioner's Letter, ``Petitions for the Imposition 
of Antidumping and Countervailing Duties: Certain Collated Steel 
Staples from Korea, the People's Republic of China, and Taiwan,'' 
dated June 6, 2019 (Petition).
    \2\ Id.
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    On June 11, 2019 and June 17, 2019, Commerce requested supplemental 
information pertaining to certain aspects of the Petition.\3\ The 
petitioner filed responses to these requests between June 13 and June 
19, 2019.\4\
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    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Certain Collated Steel Staples from 
the People's Republic of China, the Republic of Korea, and Taiwan 
and Countervailing Duties on Imports of Certain Collated Steel 
Staples from the People's Republic of China: Supplemental 
Questions,'' dated June 11, 2019 (General Issues Supplemental 
Questionnaire); ``Petition for the Imposition of Countervailing 
Duties on Imports of Certain Collated Steel Staples from the 
People's Republic of China: Supplemental Questions,'' all dated June 
11, 2019 (CVD Supplemental Questionnaire); and Memorandum, 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Imports of Certain Collated Steel Staples from Korea, the 
People's Republic of China, and Taiwan: Phone Call with Counsel to 
the Petitioner,'' dated June 17, 2019.
    \4\ See the Petitioner's Letters, ``Certain Collated Steel 
Staples from Korea, the People's Republic of China, and Taiwan: 
Petition Supplement--General and Injury,'' dated June 13, 2019 
(General Issues Supplement); ``Certain Collated Steel Staples from 
the People's Republic of China: Petition Supplement,'' dated June 
14, 2019 (CVD Supplement); ``Certain Collated Steel Staples from 
Korea, the People's Republic of China, and Taiwan: Petition 
Supplement--General Issues,'' June 19, 2019 (Second General Issues 
Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of China 
is providing countervailable subsidies, within the meaning of sections 
701 and 771(5) of the Act, to producers of collated staples in China, 
and that such imports are materially injuring, or threatening material 
injury to, the domestic industry producing collated staples in the 
United

[[Page 31841]]

States. Consistent with section 702(b)(1) of the Act and 19 CFR 
351.202(b), for those alleged programs on which we are initiating a CVD 
investigation, the Petition is accompanied by information reasonably 
available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed this Petition on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioner demonstrated sufficient industry support with respect to 
the initiation of the requested CVD investigation.\5\
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    \5\ See ``Countervailing Duty Investigation Initiation 
Checklist: Certain Collated Steel Staples from the People's Republic 
of China'' (CVD Initiation Checklist). This checklist is dated 
concurrently with, and hereby adopted by, this notice and on file 
electronically via ACCESS. Access to documents filed via ACCESS is 
also available in the Central Records Unit, Room B8024 of the main 
Department of Commerce building.
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Period of Investigation

    Because the Petition was filed on June 6, 2019, the period of 
investigation (POI) is January 1, 2018 through December 31, 2018.\6\
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    \6\ See 19 CFR 351.204(b)(1).
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Scope of the Investigation

    The merchandise covered by this investigation consists of collated 
staples from China. For a full description of the scope of this 
investigation, see the Appendix to this notice.

Comments on Scope of the Investigation

    During our review of the Petition, Commerce issued questions to, 
and received responses from, the petitioner pertaining to the proposed 
scope to ensure that the scope language in the Petition is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ As a result of these exchanges, the scope of the Petition 
was modified to clarify the description of merchandise covered by the 
Petition. The description of the merchandise covered by this 
initiation, as described in the Appendix to this notice, reflects these 
clarifications.
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    \7\ See General Issues Supplement; see also Second General 
Issues Supplement.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\8\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\9\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit scope comments by 5:00 p.m. Eastern Time 
(ET) on July 16, 2019, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on July 26, 2019, which is 
10 calendar days from the initial comment deadline.\10\
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    \8\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such submissions must be filed 
on the records of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\11\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the Government of China (GOC) of the receipt of the Petition 
and provided it the opportunity for consultations with respect to the 
Petition.\12\ The GOC did not request consultations.
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    \12\ See Commerce Letter, ``Countervailing Duty Petition on 
Collated Steel Staples from the People's Republic of China: 
Invitation for Consultations to Discuss the Countervailing Duty 
Petition,'' dated June 6, 2019.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers, as a whole, of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\13\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\14\
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    \13\ See section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Federal Circuit 
1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like,

[[Page 31842]]

most similar in characteristics and uses with, the article subject to 
an investigation under this title.'' Thus, the reference point from 
which the domestic like product analysis begins is ``the article 
subject to an investigation'' (i.e., the class or kind of merchandise 
to be investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation.\15\ Based on our analysis of the information 
submitted on the record, we have determined that collated staples, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\16\
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    \15\ See Volume I of the Petition at 9-13 and Exhibit IN-4; see 
also General Issues Supplement at 4 and Exhibit 1.
    \16\ For a discussion of the domestic like product analysis as 
applied to this case and information regarding industry support, see 
CVD Initiation Checklist, at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petition 
Covering Certain Collated Steel Staples from the People's Republic 
of China, the Republic of Korea, and Taiwan (Attachment II). This 
checklist is dated concurrently with this notice and on file 
electronically via ACCESS. Access to documents filed via ACCESS is 
also available in the Central Records Unit, Room B8024 of the main 
Department of Commerce building.
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the Appendix to 
this notice. To establish industry support, the petitioner provided its 
own 2018 production of the domestic like product and compared this to 
the estimated total production of the domestic like product for the 
entire domestic industry.\17\ We relied on data provided by the 
petitioner for purposes of measuring industry support.\18\
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    \17\ See Volume I of the Petition, at 3 and Exhibit GEN-1; see 
also General Issues Supplement, at 7 and Exhibit 5; and Second 
General Issues Supplement, at Exhibit 1.
    \18\ See Volume I of the Petition, at 3 and Exhibit GEN-1; see 
also General Issues Supplement, at 7 and Exhibit 5; and Second 
General Issues Supplement, at Exhibit 1. For further discussion, see 
CVD Initiation Checklist, at Attachment II.
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    Our review of the data provided in the Petition, the General Issues 
Supplement, the Second General Issues Supplement, and other information 
readily available to Commerce indicates that the petitioner has 
established industry support for the Petition.\19\ First, the Petition 
established support from domestic producers (or workers) accounting for 
more than 50 percent of the total production of the domestic like 
product and, as such, Commerce is not required to take further action 
in order to evaluate industry support (e.g., polling).\20\ Second, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 702(c)(4)(A)(i) of the Act because the 
domestic producers (or workers) who support the Petition account for at 
least 25 percent of the total production of the domestic like 
product.\21\ Finally, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(ii) 
of the Act because the domestic producers (or workers) who support the 
Petition account for more than 50 percent of the production of the 
domestic like product produced by that portion of the industry 
expressing support for, or opposition to, the Petition.\22\ 
Accordingly, Commerce determines that the Petition was filed on behalf 
of the domestic industry within the meaning of section 702(b)(1) of the 
Act.
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    \19\ See CVD Initiation Checklist, at Attachment II.
    \20\ Id.; see also section 702(c)(4)(D) of the Act.
    \21\ See CVD Initiation Checklist, at Attachment II.
    \22\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports from China exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\23\
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    \23\ See Volume I of the Petition, at 23 and Exhibits GEN-4 and 
IN-15.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; lost sales and lost revenue; underselling and 
price depression or suppression; and low capacity utilization rates and 
declining shipments, production, and profitability.\24\ We have 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, causation, cumulation, as well as 
negligibility, and we have determined that these allegations are 
properly supported by adequate evidence, and meet the statutory 
requirements for initiation.\25\
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    \24\ See Volume I of the Petition, at 9, 16-35 and Exhibits GEN-
4, IN-1 through IN-7, IN-9 through IN-18 and IN-19; see also General 
Issues Supplement, at 4, 8-11 and Exhibit 1.
    \25\ See CVD Initiation Checklist, at Attachment III, Analysis 
of Allegations and Evidence of Material Injury and Causation for the 
Antidumping and Countervailing Duty Petitions Covering Certain 
Collated Steel Staples from the People's Republic of China, the 
Republic of Korea, and Taiwan (Attachment III).
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Initiation of CVD Investigation

    Based on the examination of the Petition, we find that the Petition 
meets the requirements of section 702 of the Act. Therefore, we are 
initiating a CVD investigation to determine whether imports of collated 
staples from China benefit from countervailable subsidies conferred by 
the GOC. Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation, in whole or 
part, on 26 of the 27 alleged programs. For a full discussion of the 
basis for our decision to initiate on each program, see CVD Initiation 
Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS. In accordance with section 
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determination no later than 65 days after the 
date of this initiation.

Respondent Selection

    The petitioner named 99 companies as producers/exporters of 
collated staples in China.\26\ Commerce intends to follow its standard 
practice in CVD investigations and calculate company-specific subsidy 
rates in this investigation. In the event Commerce determines that the 
number of companies is large and it cannot individually examine each 
company based upon Commerce's resources, where appropriate, Commerce 
intends to select mandatory respondents based on U.S. Customs and 
Border Protection (CBP) data for U.S. imports of collated staples from 
China during the POI under the appropriate Harmonized Tariff Schedule 
of the United States number listed in the Appendix.
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    \26\ See Volume I of the Petition at 8 and Exhibit GEN-2.
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    On June 21, 2019, Commerce released CBP data on imports of collated 
staples from China under Administrative

[[Page 31843]]

Protective Order (APO) to all parties with access to information 
protected by APO and indicated that interested parties wishing to 
comment regarding the CBP data and respondent selection must do so 
within three business days of the publication date of the notice of 
initiation of this investigation.\27\ We further stated that we will 
not accept rebuttal comments.
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    \27\ See Memorandum, ``Certain Collated Steel Staples from the 
People's Republic of China--Release of Customs Data,'' dated June 
20, 2019.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on the Commerce's website at http://enforcement.trade.gov/apo.
    Comments must be filed electronically using ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. 
We intend to finalize our decisions regarding respondent selection 
within 20 days of publication of this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of collated staples from China are materially 
injuring, or threatening material injury to, a U.S. industry.\28\ A 
negative ITC determination will result in the investigation being 
terminated.\29\ Otherwise, this investigation will proceed according to 
statutory and regulatory time limits.
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    \28\ See section 703(a)(2) of the Act.
    \29\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Any party, when submitting factual 
information, must specify under which subsection of 19 CFR 
351.102(b)(21) the information is being submitted \30\ and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\31\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in this 
investigation.
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    \30\ See 19 CFR 351.301(b).
    \31\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information 
in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\32\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\33\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \32\ See section 782(b) of the Act.
    \33\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of these procedures (e.g., the filing of 
letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act and 19 CFR 351.203(c).

    Dated: June 26, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by the scope of this investigation is 
certain collated steel staples. Certain collated steel staples 
subject to this investigation are made from steel wire having a 
nominal diameter from 0.0355 inch to 0.0830 inch, inclusive, and 
have a nominal leg length from 0.25 inch to 3.0 inches, inclusive, 
and a nominal crown width from 0.187 inch to 1.125 inch, inclusive.
    Certain collated steel staples may be manufactured from any type 
of steel, and are included in the scope of the investigation 
regardless of whether they are uncoated or coated, and regardless of 
the type or number of coatings, including but not limited to 
coatings to inhibit corrosion.
    Certain collated steel staples may be collated using any 
material or combination of materials, including but not limited to 
adhesive, glue, and adhesive film or adhesive or paper tape.
    Certain collated steel staples are generally made to American 
Society for Testing and Materials (ASTM) specification ASTM F1667-
18a, but can also be made to other specifications.
    Excluded from the scope of this investigation are any carton-
closing staples covered by the scope of the existing

[[Page 31844]]

antidumping duty order on Carton-Closing Staples from the People's 
Republic of China. See Carton-Closing Staples From the People's 
Republic of China: Antidumping Duty Order, 83 FR 20792 (May 8, 
2018).
    Certain collated steel staples subject to this investigation are 
currently classifiable under subheading 8305.20.0000 of the 
Harmonized Tariff Schedule of the United States (HTSUS).
    While the HTSUS subheading and ASTM specification are provided 
for convenience and for customs purposes, the written description of 
the subject merchandise is dispositive.

[FR Doc. 2019-14232 Filed 7-2-19; 8:45 am]
 BILLING CODE 3510-DS-P