[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6163-6165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02897]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-854]


Certain Steel Nails From Taiwan: Final Results of Antidumping 
Duty Administrative Review and Partial Rescission of Administrative 
Review; 2015-2016

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

SUMMARY: The Department of Commerce (Commerce) determines, based on the 
application of adverse facts available, that Bonuts Hardware Logistic 
Co., Ltd. (Bonuts), PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, 
Inc. (PT/Pro-Team), and Unicatch Industrial Co. Ltd. (Unicatch) made 
sales of certain steel nails (nails) from Taiwan at prices below normal 
value during the period of review (POR) of May 20, 2015, through June 
30, 2016.

DATES: Applicable February 13, 2018.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Victoria Cho, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-4947 or (202) 482-5075, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2017, Commerce published the Preliminary Results of 
this administrative review.\1\ For the events that occurred since the 
Preliminary Results, see the Issues and Decision Memorandum.\2\ These 
final results cover five companies.\3\ Commerce exercised its 
discretion to toll deadlines affected by the closure of the Federal 
Government from January 20 through 22, 2018. If the new deadline falls 
on a non-business day, in

[[Page 6164]]

accordance with Commerce's practice, the deadline will become the next 
business day. The revised deadline for the final results of this review 
is now February 6, 2018.\4\ Commerce conducted this review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ 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) 
(Preliminary Results), and accompanying Memorandum, ``Decision 
Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Certain Steel Nails from Taiwan; 2015-2016,'' 
dated July 31, 2017 (Preliminary Decision Memorandum).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2015-2016 Administrative Review of the 
Antidumping Duty Order on Certain Steel Nails from Taiwan'' (Issues 
and Decision Memorandum), dated concurrently with this notice and 
incorporated herein by reference.
    \3\ The five companies consist of three mandatory respondents 
and two companies not individually examined.
    \4\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government'' (Tolling Memorandum), dated January 23, 2018. 
All deadlines in this segment of the proceeding have been extended 
by 3 days.
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Scope of the Order

    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 these orders also may be classified under HTSUS 
subheadings 7907.00.60.00, 8206.00.00.00 or other HTSUS subheadings.
    While the HTSUS subheadings are provided for convenience and 
customs purpose, the written description is dispositive.\5\
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    \5\ A full description of the scope of the order is contained in 
the Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues which 
parties raised, and to which we responded in the Issues and Decision 
Memorandum, can be found at the Appendix to this notice. The Issues and 
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 is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the Preliminary Results. Specifically, Commerce is applying 
total adverse facts otherwise available for Unicatch for these final 
results, and, in addition, Commerce has made changes to the rate 
assigned to the non-examined companies. For a full discussion of these 
changes, see the Issues and Decision Memorandum.

Partial Rescission of Review

    On December 12, 2016, Mid Continent Steel & Wire, Inc. (Mid 
Continent), a domestic producer and interested party, timely withdrew 
its review request for Yusen Logistics (Taiwan) Ltd.\6\ Pursuant to 19 
CFR 351.213(d)(1), Commerce will rescind an administrative review, in 
whole or in part, if the party that requested the review withdraws its 
request within 90 days of the date of publication of the notice of 
initiation of the requested review.\7\ For a full description of the 
methodology and rationale underlying our conclusions, see the Issues 
and Decisions Memorandum.
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    \6\ See Petitioner's December 12, 2016, letter entitled, 
``Certain Nails from Taiwan, Withdrawal of Request for 
Administrative Review.''
    \7\ We inadvertently omitted Yusen Logistics (Taiwan) Ltd. from 
the list of companies for which we rescinded this administrative 
review in the Preliminary Results.
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Application of Facts Available and Adverse Facts Available

    We continue to find that Bonuts. and PT/Pro-Team failed to 
cooperate to the best of their ability in responding to Commerce's 
requests for information. Furthermore, for these final results, we also 
find that Unicatch failed to cooperate to the best of its ability in 
responding to Commerce's requests for information. Thus, we find that 
the application of adverse facts available, pursuant to section 776(a)-
(b) of the Act, is warranted with respect to Bonuts, PT/Pro-Team, and 
Unicatch. For a full description of the methodology and rationale 
underlying our conclusions, see Issues and Decision Memorandum.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual review in an administrative review. Under 
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an 
amount equal to the weighted average of the estimated weighted average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .'' Section 
735(c)(5)(B) of the Act also provides that, where all rates are zero, 
de minimis, or based entirely on facts available, we may use ``any 
reasonable method'' for assigning the rate to all other respondents.
    In this review, the margins for all individually examined 
respondents were determined entirely on the basis of facts available. 
As discussed in further detail in the Issues and Decision Memorandum, 
we have determined under ``any reasonable method'' to apply to 
companies not selected for individual examination in this review the 
rate determined for all mandatory respondents. Accordingly, we assign 
to the non-selected companies the dumping margin of 78.17 percent.

Final Results of Review

    Commerce determines that the following margins exist for the period 
May 20, 2015 through June 30, 2016:

------------------------------------------------------------------------
                                                              Margin
                    Producer/exporter                        (percent)
------------------------------------------------------------------------
Bonuts Hardware Logistic Co., Ltd \8\...................           78.17
PT Enterprise, Inc./Pro-Team Coil Nail Enterprise, Inc..           78.17
Unicatch Industrial Co. Ltd.............................           78.17
Non-examined companies \9\..............................           78.17
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Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce shall determine, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Commerce intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final

[[Page 6165]]

results of this administrative review in the Federal Register. We will 
instruct CBP to apply an ad valorem assessment rate of 78.17 percent to 
all entries of subject merchandise during the POR which were produced 
and/or exported by the companies stated above.
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    \8\ Commerce initiated a review of Bonuts Hardware Logistic Co., 
Ltd., but has referred to the company as Bonuts Hardware Logistics 
Co., LLC and Bonuts Logistics LLC at different times during this 
segment of the proceeding, based on the company's submissions.
    \9\ The non-examined companies are Hor Liang Industrial Corp. 
and Romp Coil Nails Industries Inc.
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    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the methodology described in 
the ``Rates for Non-Examined Companies'' section, above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Bonuts, PT/Pro-Team, 
Unicatch, or the non-examined companies for which the producer did not 
know that 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.\10\
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    \10\ 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 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 for by section 751(a)(2)(C) 
of the Act: (1) The cash deposit rates for the companies listed in 
these final results will be equal to the rates established in the final 
results of this review; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior segment of 
this proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment in 
which the company was reviewed; (3) if the exporter is not a firm 
covered in this review or the original less-than-fair-value (LTFV) 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 2.16 percent,\11\ the all-others rate established in the LTFV 
investigation. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \11\ See 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, 55091 (November 20, 2017).
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Notification to Importers

    This notice serves as a final 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties Regarding Administrative Protective 
Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: February 6, 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.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Rate for Non-Examined Companies
VI. Partial Rescission of Administrative Review
VII. Discussion of the Issues
    A. PT/Pro-Team Issue
    Comment 1: Application of Adverse Facts Available to PT/Pro-Team
    B. Unicatch Issues
    Comment 2: Application of Adverse Facts Available to Unicatch
    Comment 3: Other Cost Issues
    Comment 4: Unicatch's U.S. Sales Data
    Comment 5: Middleman Dumping for Unicatch
    Comment 6: Constructed Value Profit and Selling Expenses
    Comment 7: Correction of Clerical Errors
VIII. Recommendation

[FR Doc. 2018-02897 Filed 2-12-18; 8:45 am]
 BILLING CODE 3510-DS-P