[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Pages 48116-48118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19789]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-854]
Certain Steel Nails From Taiwan: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Liang Chyuan Industrial Co., Ltd. (LC); PT Enterprise, Inc. (PT
Enterprise) and its affiliated producer Pro-Team Coil Nail Enterprise,
Inc. (Pro-Team) (collectively, PT) and Unicatch Industrial Co. Ltd.
(Unicatch) made U.S. sales of subject merchandise below normal value
during the period of review (POR) July 1, 2017 through June 30, 2018.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable September 12, 2019.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, Suzanne Lam, or Joseph
Dowling, 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-
6905, (202) 482-0783, or (202) 482-6905, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on certain steel nails from Taiwan. On September 10, 2018,
based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review on certain
steel nails from Taiwan.\1\ This review covers PT 2 3 and
Unicatch, and two additional companies not selected for individual
examination. 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.\4\ The
tolled deadline for the preliminary results of this review fell on May
13, 2019. On March 4, 2018, we extended the deadline for the
preliminary results to September 6, 2019.\5\ For a complete description
of the events that followed the initiation of this administrative
review, see the Preliminary Decision Memorandum.\6\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 45596 (September 10, 2018).
\2\ Commerce has preliminarily determined that LC and Integral
Building Products Inc. (Integral) are affiliated pursuant to section
771(33) of the Act and, further, that these companies comprise a
single entity pursuant to 19 CFR 351.401(f). For a complete
discussion of this determination, see Memorandum, ``Decision
Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Certain Steel Nails from Taiwan; 2017-2018,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
\3\ Commerce determined that Pro-Team and PT Enterprise comprise
a single entity in a prior segment of the proceeding, and we find no
new information in this segment that contradicts that finding. See
Certain Steel Nails from Taiwan: Preliminary Results of Antidumping
Duty Administrative Review and Partial Rescission of Administrative
Review; 2015-2016, 82 FR 36744 (August 7, 2017), and accompanying
Preliminary Decision Memorandum, unchanged in Certain Steel Nails
from Taiwan: Final Results of Antidumping Duty Administrative Review
and Partial Rescission of Administrative Review; 2015-2016, 83 FR
6163 (February 13, 2018). Accordingly, we have preliminarily
continued to treat PT Enterprise and Pro-Team as a single entity.
\4\ 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.
\5\ See Memorandum, ``Certain Steel Nails from Taiwan: Extension
of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated March 4, 2019.
\6\ See Preliminary Decision Memorandum.
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Scope of the Order \7\
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\7\ See Certain Steel Nails from the Republic of Korea,
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015)
(Order).
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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 this order also may be classified under HTSUS
subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings.
Although the HTSUS numbers are provided for convenience and for customs
purposes, the written product description, available in the Preliminary
Decision Memorandum, remains dispositive.
Methodology
Commerce has conducted this review in accordance with section
751(a)(1) of the Tariff Act of 1930, as amended (the Act). Normal value
is calculated in accordance with section 773 of the Act. Export price
or constructed export price is calculated in accordance with section
772 of the Act. For a full description of the methodology underlying
our conclusions, see the Preliminary Decision Memorandum. The
Preliminary 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 http://access.trade.gov and
is available to all parties in the Central Records Unit, Room B-8024 of
the main Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision
Memorandum and the
[[Page 48117]]
electronic version of the Preliminary Decision Memorandum are identical
in content. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as the appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins exist for the period July 1,
2017 through June 30, 2018:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Liang Chyuan Industrial Co., Ltd./Integral Building Products 2.68
Inc........................................................
PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc...... 7.23
Unicatch Industrial Co. Ltd................................. 28.36
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Review-Specific Average Rate Applicable to the Following Companies \8\
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Hor Liang Industrial Corp................................... 13.39
Romp Coil Nail Industries Inc............................... 13.39
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Disclosure and Public Comment
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\8\ This rate is based on the weighted-average of the margins
calculated for those companies selected for individual review. See
Memorandum, ``Calculation of the Review-Specific Weighted-Average
Rate for the Preliminary Results,'' dated concurrently with this
notice.
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Commerce intends to disclose the calculations used in its analysis
to parties in this review within five days of the date of publication
of this notice.\9\ Pursuant to 19 CFR 351.309(c)(1)(ii), interested
parties may submit case briefs no later than 30 days after the
publication of these preliminary results, and rebuttal comments within
five days after the time limit for filing case briefs, unless Commerce
extends those deadlines.\10\ Parties who submit case briefs or rebuttal
briefs are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\11\ Rebuttal briefs must be limited to issues raised in
the case briefs.\12\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(c) and (d).
\12\ See 19 CFR 351.309(d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; and
(3) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, Commerce intends
to hold the hearing at the U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, at a date and time to be
determined.\13\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\13\ See 19 CFR 351.310(d).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\14\ Commerce
intends to issue assessment instructions to CBP 15 days after the
publication date of the final results of this review. For any
individually examined respondent whose weighted-average dumping margin
is above de minimis (i.e., is 0.50 percent or more) in the final
results of this review, Commerce will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales and the total
entered value of sales, in accordance with 19 CFR 351.212(b)(1).\15\ We
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review when the importer-specific assessment
rate calculated in the final results of this review is above de
minimis. Where either the respondent's weighted-average dumping margin
is zero or de minimis, or an importer-specific assessment rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
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\14\ See 19 CFR 351.212(b).
\15\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
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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.\16\ The final results of this
review shall be the basis for the assessment of antidumping duties on
entries of merchandise covered by this review and for future deposits
of estimated duties, where applicable.
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\16\ 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 the 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 by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies
under review will be the rate established in the final results of this
review (except, if the ad valorem rate is de minimis, then the cash
deposit rate will be zero); (2) for other manufacturers and exporters
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 in which that
manufacturer or exporter participated; (3) if the exporter is not a
firm covered in this review, a prior review, or the original less-than-
fair-value (LTFV) investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recently
completed segment of this proceeding for the manufacturer of subject
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 2.16 percent, the all-others rate in
the LTFV investigation.\17\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\17\ See Certain Steel Nails from Taiwan: Final Determination of
Sales at Less Than Fair Value, 80 FR 28959 (May 20, 2015); see also
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
(November 20, 2017), wherein the All-Others rate was revised
pursuant to litigation.
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Notification to Importers
This notice also serves as a 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 review period. Failure to comply
with this requirement could
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result in Commerce's presumption that reimbursement of antidumping
duties occurred and the subsequent assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 5, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation/Single Entity
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2019-19789 Filed 9-11-19; 8:45 am]
BILLING CODE 3510-DS-P