Enforcement and Compliance, International Trade Administration, Department of Commerce.
On August 7, 2017, the Department of Commerce (Commerce) published the preliminary results of the antidumping duty administrative review of certain steel nails (nails) from the Republic of Korea (Korea). The period of review (POR) is December 29, 2014, through June 30, 2016. As a result of our analysis of the comments and information received, these final results differ from the Preliminary Results with respect to Daejin Steel Co., (Daejin), but remain unchanged with respect to Korea Wire Co., Ltd. (Kowire). For the final weighted-average dumping margins, see the “Final Results of Review” section below.
Applicable January 29, 2018.
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FOR FURTHER INFORMATION CONTACT:
Robert Galantucci or Trisha Tran, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2923 or (202) 482-4852, respectively.
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On August 7, 2017, Commerce published the Preliminary Results.
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to comment on our Preliminary Results. On September 22, 2017, Mid Continent Steel & Wire, Inc. (the petitioner), Daejin and Kowire submitted their case briefs.
On September 27, 2017, the petitioner; Daejin and Kowire submitted their rebuttal briefs.
Prior to the Preliminary Determination, on June 8, 2017, the petitioner alleged that a particular market situation (PMS) distorted production costs in the Korean steel nail industry.
In the Preliminary Determination, we noted that we did not have the opportunity to consider the petitioner's PMS allegation for the purposes of the preliminary results.
On October 23, 2017, we issued a post-preliminary determination regarding the petitioner's PMS allegation, and permitted parties to comment.
On October 30, 2017, the petitioner submitted a case brief regarding its PMS allegation.
On November 6, 2017, Daejin and Kowire submitted rebuttal briefs concerning the petitioner's PMS allegation.
On September 6, 2017, Kowire requested a hearing.
However, it subsequently withdrew its request for a hearing,
and no other interested parties requested a hearing.
Scope of the Order
The merchandise covered by this order is nails having a nominal shaft length not exceeding 12 inches.
Merchandise covered by the order is currently classified under the Harmonized Tariff Schedule of the United States (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. Nails subject to this order 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 purposes, the written description of the scope of this order is dispositive. For a complete Start Printed Page 4029description of the scope of the order, see the IDM.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the IDM. A list of the issues that parties raised and to which we responded is attached to this notice as an Appendix. The IDM 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 in the Central Records Unit (CRU), room B8024 of the main Department of Commerce building. In addition, a complete version of the IDM can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed IDM and the electronic versions of the IDM are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we have recalculated Daejin's weighted-average dumping margin.
The dumping margin for Kowire remains 0.00 percent, as it was in the Preliminary Results.
Final Results of the Review
As a result of this administrative review, Commerce calculated a weighted-average dumping margin that is above de minimis for Daejin and a dumping margin of 0.00 percent for Kowire for the period December 29, 2014, through June 30, 2016, as referenced below. Additionally, Je-il Wire Production Co., Ltd. (Je-il) remains subject to this review because neither it nor the petitioner withdrew a request for its review; however, it was not selected as a mandatory respondent in this review.
In accordance with our practice,
and consistent with the Preliminary Results, we have assigned to Je-il Daejin's calculated rate, i.e., the only rate calculated for a mandatory respondent that is not zero, de minimis, or determined entirely on the basis of facts available.
|Producer and/or exporter||Weighted- average
|Daejin Steel Co., Ltd.||2.76|
|Korea Wire Co., Ltd.||0.00|
|Je-il Wire Production Co., Ltd||2.76|
Commerce shall determine and Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries.
For any individually examined respondent whose weighted-average dumping margin is above de minimis, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). Upon issuance of the final results of this administrative review, if any importer-specific assessment rates calculated in the final results are above de minimis (i.e., at or above 0.5 percent), Commerce will issue instructions directly to CBP to assess antidumping duties on appropriate entries. 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.
In accordance with Commerce's “automatic assessment” practice, for entries of subject merchandise during the POR produced by each respondent for which it 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.
We intend to issue assessment instructions directly to CBP 15 days after publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for respondents noted above will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but 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; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 11.80 percent, the all-others rate established in the antidumping investigation.
These cash deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties.Start Printed Page 4030
Administrative Protective Order
This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction 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/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 351.221(b)(5).
Dated: January 19, 2018.
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Final IDM
II. List of Issues
IV. Scope of the Order
V. Discussion of the Issues
Comment 1: Particular Market Situation
Comment 2: Scrap Offset
Comment 3: Cost Variations Not Due to Differences in Physical Characteristics
Comment 4: SG&A Expenses
Comment 5: Quarterly Costs
Comment 6: Differential Pricing
Comment 7: Affiliation With Subcontractor
Comment 8: SG&A Expense Ratio
Comment 9: Cash Deposit Instructions
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[FR Doc. 2018-01593 Filed 1-26-18; 8:45 am]
BILLING CODE 3510-DS-P