[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Pages 20792-20793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09754]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-055]
Carton-Closing Staples From the People's Republic of China:
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing an antidumping duty order on carton-closing staples
from the People's Republic of China (China).
DATES: Applicable May 8, 2018.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, 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.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on March 28,
2018, Commerce published its affirmative final determination in the
less than fair value (LTFV) investigation of carton-closing staples
from China.\1\ On April 30, 2018, the ITC notified Commerce of its
final determination pursuant to section 735(b)(1)(A)(i) of the Act,
that an industry in the United States is materially injured or
threatened with material injury by reason of imports of carton-closing
staples from China.\2\
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\1\ See Carton-Closing Staples from the People's Republic of
China: Final Affirmative Determination of Sales at Less Than Fair
Value, 83 FR 13236 (March 28, 2018).
\2\ See Letter to Gary Taverman, Acting Assistant Secretary of
Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein,
Chairman of the U.S. International Trade Commission, regarding
carton-closing staples from China, dated April 30, 2018 (ITC
Notification). See also Carton-Closing Staples from China, Inv. No.
731-TA-1359, USITC Pub. 4778, (April 2018) (Final).
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Scope of the Order
The scope of the order 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 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 order 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.
Antidumping Duty Order
In accordance with sections 735(b)(1)(A) and 735(d) of the Act, the
ITC has notified Commerce of its final determination in this
investigation, in which it found that imports of carton-closing staples
from China are materially injuring or threatening material injury to a
U.S. industry.\3\ Therefore, in accordance with sections 735(c)(2) and
736(a) of the Act, we are publishing this antidumping duty order.
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\3\ See ITC Notification.
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As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, Commerce will direct U.S. Customs and
Border Protection (CBP) to assess, upon further instruction by
Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise, for all relevant entries of carton-
closing staples from China. These antidumping duties will be assessed
on unliquidated entries from China entered, or withdrawn from
[[Page 20793]]
warehouse, for consumption on or after November 3, 2017, the date on
which Commerce published the Preliminary Determination,\4\ but will not
include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination, as further described below.
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\4\ See 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, 82 FR 51213 (November 3, 2017) (Preliminary
Determination).
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on entries of subject
merchandise from China. We will also instruct CBP to require cash
deposits equal to the estimated amount by which the normal value
exceeds the U.S. price as indicated in the chart below. These
instructions suspending liquidation will remain in effect until further
notice.
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination, CBP will require, at the same
time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit equal to the estimated antidumping
duty margin as discussed above.\5\ The ``China-wide'' rate applies to
all exporters of subject merchandise not specifically listed in the
table below.
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\5\ See section 736(a)(3) of the Act.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
Commerce to extend that four-month period to no more than six months.
At the request of the exporters that account for a significant portion
of carton-closing staples from China, we extended the four-month period
to six months in the Preliminary Determination dated November 3,
2017.\6\ Therefore, the extended period beginning on November 3, 2017,
the date of publication of the Preliminary Determination, ended May 1,
2018. Furthermore, section 737(b) of the Act states that definitive
duties are to begin on the date of publication of the ITC's final
injury determination.
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\6\ See Preliminary Determination, 82 FR at 51215.
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Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of carton-closing staples from China entered, or
withdrawn from warehouse, for consumption on or after May 2, 2018, the
day after which the provisional measures expired, until and through the
day preceding the date of publication of the ITC's final injury
determinations in the Federal Register. Suspension of liquidation will
resume on the date of publication of the ITC's final determination in
the Federal Register.
Estimated Dumping Margin
Commerce determines that the estimated final dumping margins are as
follows:
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Margin
Producer Exporter (percent)
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Yueda Group: Shanghai Yueda Yueda Group: Shanghai 263.40
Nails Co., Ltd., or Qiushan Yueda Nails Co., Ltd.,
Printing Machinery Co., Ltd.. or Fastnail Products
Limited, or Wuhan FOPO
Trading Co., Ltd., or
China Dinghao Co.,
Limited.
Hangzhou Huayu Machinery Co., Hangzhou Huayu 115.65
Ltd. Machinery Co., Ltd.
The Stanley Works (Langfang) The Stanley Works 115.65
Fastening Systems Co., Ltd. (Langfang) Fastening
Systems Co., Ltd.
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
China-Wide Entity................................... 263.40
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Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
carton-closing staples from China, pursuant to section 736(a) of the
Act. Interested parties may contact Commerce's Central Records Unit,
Room B8024 of the main Commerce building, for copies of an updated list
of antidumping duty orders currently in effect.
This order is issued and published in accordance with sections
736(a) of the Act and 19 CFR 351.211(b).
Dated: May 2, 2018.
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.
[FR Doc. 2018-09754 Filed 5-4-18; 4:15 pm]
BILLING CODE 3510-DS-P