[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Notices]
[Pages 29022-29023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13425]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-819]
Certain Steel Nails From the Socialist Republic of Vietnam:
Preliminary Results of Countervailing Duty Administrative Review and
Intent To Rescind, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain steel nails (steel nails) from the
Socialist Republic of Vietnam (Vietnam). The period of review (POR) is
November 3, 2014, through December 31, 2015. Interested parties are
invited to comment on these preliminary results.
DATES: Effective June 27, 2017.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, 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) 482-3813.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results are made in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). The Department
published a notice of opportunity to request an administrative review
of the countervailing duty (CVD) order on steel nails from Vietnam for
the POR on July 5, 2016.11\1\ On August 1, 2017, in response to timely
requests, and in accordance with section 751(a) of the Act and 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the
Order.\2\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics included in the Preliminary Decision Memorandum is
provided as an appendix to this notice.
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 81 FR 43584 (July 5, 2016).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 62720 (September 12, 2016). See also
Certain Steel Nails from the Socialist Republic of Vietnam:
Countervailing Duty Order, 80 FR 41006 (July 14, 2015) (the Order).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Certain Steel Nails from the Socialist Republic of
Vietnam,'' (Preliminary Decision Memorandum) dated concurrently
with, and hereby adopted by, this notice.
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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 https://access.trade.gov,
and to all parties in the Central Records Unit, room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Scope of the Order
The product covered by the Order is steel nails from Vietnam. For a
complete description of the scope of this administrative review, see
the Preliminary Decision Memorandum.
Methodology
The Department is conducting this CVD review in accordance with
section 751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we determine that there is a subsidy, i.e., a
financial contribution by an ``authority'' that confers a benefit to
the recipient, and that the subsidy is specific.\4\ For a full
description of the methodology underlying our preliminary conclusions,
including our reliance, in part, on
[[Page 29023]]
adverse facts available pursuant to sections 776(a) and (b) of the Act,
see the Preliminary Decision Memorandum.\5\
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and, section 771(5A) of the Act regarding specificity.
\5\ A list of topics discussed in the Preliminary Decision
Memorandum can be found as an appendix to this notice.
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Partial Rescission of Administrative Review, and Intent To Rescind, In
Part
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Mid Continent Steel & Wire,
Inc. (the petitioner) withdrew its requests for review of Astrotech
Steels Private Limited; Blue Moon Logistics Private Ltd.; Bollore
Logistics Vietnam Co. Ltd.; Dahnay Logistics Private Ltd; FGS Logistics
Co. Ltd.; Honour Lane Shipping Ltd; SDV Vietnam Co. Ltd.; and United
Nail Products Co. Ltd. No other party requested a review of these
producers/exporters.\6\ Therefore, in accordance with 19 CFR
351.213(d)(1), the Department is rescinding this review with respect to
these companies.
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\6\ See Letter from the petitioner re: Administrative Review of
Certain Steel Nails from the Socialist Republic of Vietnam:
Withdrawal of Request for Administrative Reviews, dated October 5,
2016.
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As explained in the Preliminary Decision Memorandum, there is no
evidence that Dicha Sombrilla Co., Ltd. had a Type 3 (i.e., reviewable)
entry of subject merchandise during the POR. Therefore, pursuant to 19
CFR 351.213(d)(3), we preliminarily intend to rescind the review for
Dicha Sombrilla Co., Ltd.\7\
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\7\ In Alleghany Ludlum Corp. v. United States, 346 F.3d 1368,
1372 (Fed. Cir. 2003), the Court of Appeals for the Federal Circuit
upheld the Department's practice of rescinding annual reviews when
there are no entries of subject merchandise during the POR.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
countervailable subsidy rates to be:
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Subsidy rate
Producer/exporter (percent)
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Truong Vinh Ltd......................................... 313.97
Rich State Inc.......................................... 313.97
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Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice, in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of these
preliminary results of review.\8\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\9\ Rebuttal briefs, limited
to issues raised in the case briefs, may be filed no later than five
days after the case briefs are filed.\10\
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\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(c)(2).
\10\ See 19 CFR 351.309(d).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by the Department's ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.\11\
Hearing requests should contain the following: (1) The party's name,
address, and telephone number; (2) the number of participants; and (3)
a list of the issues to be discussed. Issues raised in the hearing will
be limited to those raised in the respective case briefs.
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\11\ See 19 CFR 351.310(c).
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Unless extended, the Department intends to issue the final results
of this review, including the results of its analysis of issues raised
by parties in their comments, within 120 days after the publication of
these preliminary results, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1).
Assessment Rates and Cash Deposit Requirement
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon issuance of the final results, the
Department shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, CVDs on all appropriate entries covered by this
review. We intend to issue instructions to CBP 15 days after
publication of the final results of review.
Pursuant to section 751(a)(2)(C) of the Act, the Department also
intends to instruct CBP to collect cash deposits of estimated CVDs, in
the amounts shown above, for each of the respective companies shown
above, on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits at the most-recent
company-specific or all-others rate applicable to the company, as
appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
For the non-reviewed firms for which we are rescinding this
administrative review, the Department intends to instruct CBP 15 days
after publication of these preliminary results of review to assess CVDs
at rates equal to the rates of cash deposits for estimated
countervailing duties required at the time of entry, or withdrawn from
warehouse, for consumption, during the period November 3, 2014, through
December 31, 2015, in accordance with 19 CFR 351.212(c)(2).
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: June 19, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Partial Rescission of Review
4. Scope of the Order
5. Application of the Countervailing Duty Law to Imports From
Vietnam
6. Use of Facts Otherwise Available and Adverse Inferences
A. Application of AFA: Truong Vinh, Rich State, and the GOV
B. Selection of the Adverse Facts Available Rate
C. Corroboration of Secondary Information
7. Disclosure and Public Comment
8. Conclusion
[FR Doc. 2017-13425 Filed 6-26-17; 8:45 am]
BILLING CODE 3510-DS-P