[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51213-51216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23974]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-055]
Carton-Closing Staples From the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that carton closing staples from the People's Republic of
China (PRC) are being, or are likely to be, sold in the United States
at less than fair value (LTFV). The period of investigation (POI) is
July 1, 2016 through December 31, 2016.
[[Page 51214]]
DATES: Applicable November 3, 2017.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik at (202) 482-6905, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on April 27,
2017.\1\ On August 23, 2017, the Department postponed the preliminary
determination of this investigation, and the revised deadline is now
October 27, 2017.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. 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.
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\1\ See Carton-Closing Staples from the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation, 82 FR 19351
(April 27, 2017) (Initiation Notice).
\2\ See Carton-Closing Staples from the People's Republic of
China: Postponement of Preliminary Determination in the Less-Than-
Fair-Value Investigation, 82 FR 39982 (August 23, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Carton-
Closing Staples from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are carton-closing
staples from the PRC. For a full description of the scope of this
investigation, see the ``Scope of the Investigation,'' in Appendix I of
this notice.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (scope).\5\ An interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. For a summary of the product coverage comments
submitted on the record for this investigation, and accompanying
discussion and analysis of the comments timely received, see the
Preliminary Decision Memorandum.\6\ The Department is not preliminarily
modifying the scope language as it appeared in the Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 82 FR at 19352.
\6\ See Preliminary Decision Memorandum at pages 3-4.
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Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. The Department has calculated export prices in
accordance with section 772(a) of the Act. Because the PRC is a non-
market economy, within the meaning of section 771(18) of the Act, the
Department has calculated normal value (NV) in accordance with section
773(c) of the Act. In addition, pursuant to section 776(a) and (b) of
the Act, the Department preliminarily has relied upon facts otherwise
available, with adverse inferences, for the PRC-wide entity, including
Zhejiang Best Nail Industrial Co., Ltd. (Best Nail). For a full
description of the methodology underlying the Department's preliminary
determination, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\7\ the Department stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\8\
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\7\ See Initiation Notice, 82 FR at 19355.
\8\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
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Estimated
weighted-
average
Producer Exporter dumping
margin
(percent)
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Yueda Group: \9\ Shanghai Yueda Yueda Group: Shanghai 13.74
Nails Co., Ltd., or Qiushan Yueda Nails Co., Ltd.,
Printing Machinery Co., Ltd. or Fastnail Products
Limited, or Wuhan FOPO
Trading Co., Ltd.
Hangzhou Huayu Machinery Co., Hangzhou Huayu 13.74
Ltd. Machinery Co., Ltd.
The Stanley Works (Langfang) The Stanley Works 13.74
Fastening Systems Co., Ltd. (Langfang) Fastening
Systems Co., Ltd.
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PRC-Wide Entity \10\ 58.93
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will direct U.S. Customs and Border Protection (CBP) to suspend
liquidation of subject merchandise as described in the scope of the
investigation section entered, or withdrawn from warehouse, for
consumption on or after the date of
[[Page 51215]]
publication of this notice in the Federal Register, as discussed below.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), the Department will instruct CBP to require a cash deposit
equal to the weighted average amount by which normal value exceeds U.S.
price, as indicated in the chart above as follows: (1) For the
producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted-average dumping margin
listed for that combination in the table; (2) for all combinations of
PRC producers/exporters of subject merchandise that have not
established eligibility for their own separate rates, the cash deposit
rate will be equal to the estimated weighted-average dumping margin
established for the PRC-wide entity; and (3) for all third-county
exporters of subject merchandise not listed in the table above, the
cash deposit rate is the cash deposit rate applicable to the PRC
producer/exporter combination (or the PRC-wide entity) that supplied
that third-country exporter. These suspension of liquidation
instructions will remain in effect until further notice.
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\9\ The Department preliminarily determines that Shanghai Yueda
Nails Co., Ltd, Qiushan Printing Machinery Co., Ltd., Fastnail
Products Limited, and Wuhan FOPO Trading Co., Ltd. comprise a single
entity. See Preliminary Decision Memorandum. See also Memorandum,
``Preliminary Affiliation and Single Entity Determination,'' dated
concurrently with, and hereby adopted by, this notice.
\10\ As detailed in the Preliminary Decision Memorandum, Best
Nail, a mandatory respondent in this investigation, and certain
other non-responsive PRC companies did not demonstrate that they
were entitled to a separate rate. Accordingly, we consider these
companies to be part of the PRC-wide entity.
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Disclosure
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement or, if there
is no public announcement, within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the verification report is issued in this
investigation, unless the Secretary alters the time limit. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than five days after the deadline date for case briefs.\11\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation 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.
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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Pursuant to 19 CFR 351.210(e)(2), the Department
requires that requests by respondents for postponement of a final
antidumping determination be accompanied by a request for extension of
provisional measures from a four-month period to a period not more than
six months in duration.
On October 10, 2017, pursuant to 19 CFR 351.210(b)(2)(ii), Yueda
requested\12\ that the Department postpone its final determination and
extend the application of the provisional measures prescribed under
section 773(d) of the Act and 19 CFR.210(e)(2), from a four-month
period to a period not to exceed six months. In accordance with section
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the
preliminary determination is affirmative; (2) the requesting exporter
accounts for a significant proportion of exports of the subject
merchandise; and (3) no compelling reasons for denial exist, the
Department is granting Yueda's request by postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, the
Department's final determination will publish no later than 135 days
after the date of publication of this preliminary determination.
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\12\ See Yueda's letter to the Department, re: ``Extension
Request for Final Determination,'' dated October 10, 2017.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether imports of the subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: October 27, 2017.
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 I
Scope of the Investigation
The scope of this investigation is carton-closing staples.
Carton-closing staples may be manufactured from carbon, alloy, or
stainless steel wire, and are included in the scope of the
investigation regardless of whether they are uncoated or coated,
regardless of the type of coating.
Carton-closing staples are generally made to American Society
for Testing and Materials (ASTM) specification ASTM D1974/D1974M-16,
but can also be made to other specifications. Regardless of
specification, however, all carton-closing staples meeting the scope
description are included in the scope. Carton-closing staples
include stick staple products, often referred to as staple strips,
and roll staple products, often referred to as coils. Stick staples
are lightly cemented or lacquered together to facilitate handling
and loading into stapling machines. Roll staples are taped together
along their crowns. Carton-closing staples are covered regardless of
whether they are imported in stick form or roll form.
Carton-closing staples vary by the size of the wire, the width
of the crown, and the length of the leg. The nominal leg length
ranges from 0.4095 inch to 1.375 inches and the nominal crown width
ranges from 1.125
[[Page 51216]]
inches to 1.375 inches. The size of the wire used in the production
of carton-closing staples varies from 0.029 to 0.064 inch (nominal
thickness) by 0.064 to 0.100 inch (nominal width).
Carton-closing staples subject to this investigation are
currently classifiable under subheadings 8305.20.00.00 and
7317.00.65.60 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). While the HTSUS subheadings and ASTM specification are
provided for convenience and for customs purposes, the written
description of the subject merchandise is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Selection of Respondents
VII. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Values Comments
C. Separate Rates
D. Combination Rates
E. Affiliation and Single Entity
F. The PRC-Wide Entity
G. Application of Facts Available and Adverse Inferences
H. Date of Sale
I. Fair Value Comparisons
J. Export Price
K. Value-Added Tax (VAT)
L. Normal Value
M. Factor Valuation Methodology
VIII. Currency Conversion
IX. Verification
X. Conclusion
[FR Doc. 2017-23974 Filed 11-2-17; 8:45 am]
BILLING CODE 3510-DS-P