Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices 31731 

11See 19 CFR 351.309(d)(1). 

12See 19 CFR 351.309(c)(2) and (d)(2). 

13See 19 CFR 351.303(b)(1). 

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.12 This 

summary should be limited to five pages 

total, including footnotes. 

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 within 30 days after the 

date of publication of this notice in the 

Federal Register via ACCESS. Hearing 

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, Commerce 

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. Prior to the date of the 

hearing, Commerce will contact all 

parties that submitted case or rebuttal 

briefs to determine if they wish to 

participate in the hearing. Commerce 

will then provide a hearing schedule to 

the parties prior to the hearing and only 

those parties listed on the schedule may 

present issues raised in their briefs. 

Parties should confirm by telephone the 

date, time, and location of the hearing 

two days before the scheduled date. 

Electronically filed documents must 

be received successfully in their entirety 

by 5:00 p.m. Eastern Time,13 on the due 

dates established above. 

International Trade Commission (ITC) 

Notification 

In accordance with section 703(f) of 

the Act, we will notify the ITC of its 

determination. In addition, Commerce 

will make available to the ITC all nonprivileged and non-proprietary 

information relating to this 

investigation. Commerce will allow the 

ITC access to all privileged and business 

proprietary information in the files, 

provided the ITC confirms that it will 

not disclose such information, either 

publicly or under an APO, without the 

written consent of the Assistant 

Secretary for Enforcement and 

Compliance. 

Pursuant to section 705(b)(2) of the 

Act, if Commerce’s final determination 

is affirmative, the ITC will make its final 

determination before the later of 120 

days after the date of this preliminary 

determination, or 45 days after 

Commerce’s final determination. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act and 19 CFR 

351.205(c). 

Dated: July 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. 

Appendix I 

Scope of the Investigation 

The products subject to this investigation 

are bands made of vulcanized rubber, with a 

flat length, as actually measured end-to-end 

by the band lying flat, no less than 1⁄2 inch 

and no greater than 10 inches; with a width, 

which measures the dimension 

perpendicular to the length, actually of at 

least 3/64 inch and no greater than 2 inches; 

and a wall thickness actually from 0.020 inch 

to 0.125 inch. Vulcanized rubber has been 

chemically processed into a more durable 

material by the addition of sulfur or other 

equivalent curatives or accelerators. Subject 

products are included regardless of color or 

inclusion of printed material on the rubber 

band’s surface, including but not limited to, 

rubber bands with printing on them, such as 

a product name, advertising, or slogan, and 

printed material (e.g., a tag) fastened to the 

rubber band by an adhesive or another 

temporary type of connection. The scope 

includes vulcanized rubber bands which are 

contained or otherwise exist in various forms 

and packages, such as, without limitation, 

vulcanized rubber bands included within a 

desk accessory set or other type of set or 

package, and vulcanized rubber band balls. 

The scope excludes products that consist of 

an elastomer loop and durable tag all-in-one, 

and bands that are being used at the time of 

import to fasten an imported product. 

Merchandise covered by this investigation is 

currently classified in the Harmonized Tariff 

Schedule of the United States (HTSUS) under 

subheading 4016.99.3510. Merchandise 

covered by the scope may also enter under 

HTSUS subheading 4016.99.6050. While the 

HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of the 

investigation is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Scope of the Investigation 

V. Alignment 

VI. Injury Test 

VII. Application of the CVD Law to Imports 

from China 

VIII. Use of Facts Otherwise Available and 

Adverse Inferences 

IX. Calculation of the All-Others Rate 

X. Conclusion 

[FR Doc. 2018–14633 Filed 7–6–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–909] 

Certain Steel Nails From the People’s 

Republic of China: Notice of Court 

Decision Not in Harmony With Final 

Results of Administrative Review and 

Notice of Amended Final Results of 

Antidumping Duty Administrative 

Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On March 22, 2018, the 

United States Court of International 

Trade (the Court) issued its final 

judgment in Itochu Building Products 

Co., Inc., et al. v. United States, Consol. 

Court No. 12–00065, sustaining the U.S. 

Department of Commerce’s (Commerce) 

final remand results in the second 

administrative review of certain steel 

nails from the People’s Republic of 

China (China). Commerce is notifying 

the public that the final judgment in this 

case is not in harmony with Commerce’s 

final results of the administrative 

review, covering the period of review 

(POR) August 1, 2009, through July 31, 

2010, and that Commerce is amending 

the final results with respect to the 

dumping margins assigned to Tianjin 

Jinchi Metal Products Co., Ltd. (Jinchi) 

and Tianjin Jinghai County Hongli 

Industry & Business Co. (Hongli). 

Because Jinchi’s and Hongli’s margins 

changed, the margin for those 

companies not individually examined 

but receiving a separate rate also 

changed. 

DATES: Applicable April 2, 2018. 

FOR FURTHER INFORMATION CONTACT: Paul 

Walker, AD/CVD Operations Office V, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: 202.482.0413. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 1, 2012, Commerce issued 

the Final Results, in which it 

determined a weight-averaged dumping 

margin of 47.76 percent for Jinchi, 78.27 

percent for Hongli, and 19.30 percent 


sradovich on DSK3GMQ082PROD with NOTICES
31732 Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices 

1See Certain Steel Nails from the People’s 

Republic of China: Final Results and Final Partial 

Rescission of the Second Antidumping Duty 

Administrative Review, 77 FR 12556 (March 1, 

2012) and accompanying Issues and Decision 

Memorandum (IDM) (Final Results). 2See Certain Steel Nails from the People’s 

Republic of China: Amended Final Results of the 

Second Antidumping Duty Administrative Review, 

77 FR 24462 (April 24, 2012) (Amended Final 

Results). 3See Itochu Building Products Co., et al v. United 

States, Slip Op. 17–73 (CIT 2017) at 13–15 and 41 

(Itochu). 4 Id. at 22. 5See Final Results of Redetermination Pursuant 

to Court Remand, Consol. Court No. 12–00065, Slip 

Op. 17–73 (CIT 2017), dated October 20, 2017, (AR2 

Remand) available at http://enforcement.trade.gov/ 

remands/17-73.pdf. 6 Id., at 53. 7 Id. 

8 Id. 

9These companies include: (1) Dezhou Hualude 

Hardware Products Co., Ltd.; (2) Hengshui Mingyao 

Hardware & Mesh Products Co., Ltd.; (3) Huanghua 

Jinhai Hardware Products Co., Ltd.; (4) Huanghua 

Xionghua Hardware Products Co., Ltd.; (5) Koram 

Panagene Co., Ltd.; (6) Qingdao D & L Group Ltd. 

Co., Ltd.; (7) Romp (Tianjin) Hardware Co., Ltd.; (8) 

Shandong Dinglong Import & Export Co., Ltd.; (9) 

Shanghai Curvet Hardware Products Co., Ltd.; (10) 

Shanghai Jade Shuttle Hardware Tools Co., Ltd.; 

(11) Shanghai Yueda Nails Industry Co., Ltd.; (12) 

Shanxi Tianli Industries Co., Ltd.; (13) Tianjin 

Lianda Group Co., Ltd.; (14) Tianjin Universal 

Machinery Imp & Exp Corporation; and (15) Tianjin 

Zhonglian Metals Ware Co., Ltd. (collectively, 

Separate-Rate Applicants). 

10 Id. 

11 Id., at 2. 

12See Itochu Building Products Co., Inc., et al. v. 

United States, Consol. Court No. 12–00065, Slip 

Op. 18–24 (CIT March 22, 2018). 

13See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken) 

14See Diamond Sawblades Mfrs. Coalition v. 

United States, 626 F.3d 1374 (Fed. Cir. 2010) 

(Diamond Sawblades). 

for the separate rate companies.1 Also, 

on April 24, 2012, Commerce issued the 

Amended Final Results, however, the 

weighted-average dumping margins did 

not change.2 On June 22, 2017, the 

Court remanded Commerce’s Final 

Results and Amended Final Results and 

instructed Commerce to reconsider each 

of the following issues: (1) The selection 

of surrogate values for steel plate and 

surrogate financial ratios; (2) its 

application of adverse facts available to 

Jinchi’s missing factors of production; 

and (3) the Court’s questions and MidContinent Nail Corporation (the 

petitioner)’s responses regarding the 

withdrawal of review requests in this 

administrative review.3 The Court also 

granted Commerce’s request for 

voluntary remand to reconsider its use 

of a specific financial statement.4

On October 20, 2017, Commerce filed 

the AR2 Remand with the Court.5

Commerce maintained its selection of 

financial statements for calculating the 

surrogate financial ratios and selected, 

under protest, a different surrogate 

value for steel plate.6 Additionally, 

under protest, Commerce recalculated 

Jinchi’s dumping margin by applying 

neutral facts available to the missing 

factors of production for hard-cut 

masonry nails produced by an 

unaffiliated supplier.7 Moreover, 

Commerce examined the petitioner’s 

responses to the Court’s questions.8 As 

a result, there are calculation changes 

due to selecting a different surrogate 

value for steel plate and applying 

neutral facts available to the missing 

factors of production for hard-cut 

masonry nails in Jinchi’s dumping 

margin. Thus, the resulting antidumping 

margin for Hongli is 36.23 percent, for 

Jinchi is 53.47 percent, and for the 

Separate Rate Applicants 9 is 14.48 

percent.10 There is no change to the 

dumping margin for The Stanley Works 

(Langfang) Fastening Systems Co., Ltd. 

and Stanley Black & Decker, Inc./ 

Stanley Fastening Systems, LP 

(Stanley).11 On March 22, 2018, the 

Court sustained the AR2 Remand.12

Timken Notice 

In its decision in Timken, 893 F.2d at 

341,13 as clarified by Diamond 

Sawblades,14 the Court of Appeals for 

the Federal Circuit (CAFC) held that, 

pursuant to section 516A(e) of the Tariff 

Act of 1930, as amended (the Act), 

Commerce must publish a notice of a 

court decision that is not ‘‘in harmony’’ 

with a Commerce determination and 

must suspend liquidation of entries 

pending a ‘‘conclusive’’ court decision. 

The Court’s March 22, 2018, judgment 

sustaining the AR2 Remand constitutes 

a final decision of the Court that is not 

in harmony with Commerce’s Amended 

Final Results. This notice is published 

in fulfillment of the publication 

requirement of Timken. 

Amended Final Results 

Because there is now a final court 

decision, Commerce is amending the 

Amended Final Results with respect to 

Jinchi, Hongli, and the Separate-Rate 

Applicants. The revised weightedaverage dumping margins for these 

exporters during the period August 1, 

2009, through July 31, 2010, are as 

follows: 

Exporter 

Weighted 

average 

margin 

(percent) 

(1) The Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc./Stanley Fastening Systems, LP 3.80 

(2) Tianjin Jinghai County Hongli Industry & Business Co ................................................................................................................... 36.23 

(3) Tianjin Jinchi Metal Products Co., Ltd ............................................................................................................................................. 53.47 

(4) Dezhou Hualude Hardware Products Co., Ltd ................................................................................................................................ 14.48 

(5) Hengshui Mingyao Hardware & Mesh Products Co., Ltd ................................................................................................................ 14.48 

(6) Huanghua Jinhai Hardware Products Co., Ltd ................................................................................................................................ 14.48 

(7) Huanghua Xionghua Hardware Products Co., Ltd .......................................................................................................................... 14.48 

(8) Koram Panagene Co., Ltd ............................................................................................................................................................... 14.48 

(9) Qingdao D & L Group Ltd. Co., Ltd ................................................................................................................................................. 14.48 

(10) Romp (Tianjin) Hardware Co., Ltd ................................................................................................................................................. 14.48 

(11) Shandong Dinglong Import & Export Co., Ltd ............................................................................................................................... 14.48 

(12) Shanghai Curvet Hardware Products Co., Ltd .............................................................................................................................. 14.48 

(13) Shanghai Jade Shuttle Hardware Tools Co., Ltd .......................................................................................................................... 14.48 

(14) Shanghai Yueda Nails Industry Co., Ltd ....................................................................................................................................... 14.48 

(15) Shanxi Tianli Industries Co., Ltd .................................................................................................................................................... 14.48 

(16) Tianjin Lianda Group Co., Ltd ........................................................................................................................................................ 14.48 

(17) Tianjin Universal Machinery Imp & Exp Corporation ..................................................................................................................... 14.48 

(18) Tianjin Zhonglian Metals Ware Co., Ltd ........................................................................................................................................ 14.48 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices 31733 

1See 19 CFR 351.225(o). 

2See Notice of Scope Rulings, 83 FR 26257 (June 

6, 2018). 

Accordingly, Commerce will continue 

the suspension of liquidation of the 

subject merchandise pending the 

expiration of the period of appeal or, if 

appealed, pending a final and 

conclusive court decision. In the event 

the Court’s ruling is not appealed or, if 

appealed, upheld by the CAFC, 

Commerce will instruct U.S. Customs 

and Border Protection to assess 

antidumping duties on unliquidated 

entries of subject merchandise exported 

by Jinchi, Hongli, and the Separate-Rate 

Applicants using the assessment rate 

calculated by Commerce in the AR2 

Remand and listed above. 

Cash Deposit Requirements 

Cash deposit rates for the following 

companies have been superseded by 

cash deposit rates calculated in 

intervening administrative reviews of 

the order, and thus, will not be 

amended: 

The Stanley Works (Langfang) Fastening 

Systems Co., Ltd. and Stanley Black & 

Decker, Inc./Stanley Fastening Systems, LP; 

Tianjin Jinghai County Hongli Industry & 

Business Co.; Tianjin Jinchi Metal Products 

Co., Ltd.; Dezhou Hualude Hardware 

Products Co., Ltd.; Huanghua Jinhai 

Hardware Products Co., Ltd.; Huanghua 

Xionghua Hardware Products Co., Ltd.; 

Qingdao D & L Group Ltd. Co., Ltd.; 

Shandong Dinglong Import & Export Co., 

Ltd.; Shanghai Curvet Hardware Products 

Co., Ltd.; Shanghai Jade Shuttle Hardware 

Tools Co., Ltd.; Shanghai Yueda Nails 

Industry Co., Ltd.; Shanxi Tianli Industries 

Co., Ltd.; Tianjin Lianda Group Co., Ltd.; 

Tianjin Universal Machinery Imp & Exp 

Corporation; and Tianjin Zhonglian Metals 

Ware Co., Ltd. 

Accordingly, Commerce will instruct 

U.S. Customs and Border Protection to 

require a cash deposit for estimated 

duties at the rate noted above for entries 

of subject merchandise, entered or 

withdrawn from warehouse, for 

consumption, on or after April 2, 2018, 

for Hengshui Mingyao Hardware & 

Mesh Products Co., Ltd.; Koram 

Panagene Co., Ltd.; and Romp (Tianjin) 

Hardware Co., Ltd. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(e)(1), 

751(a)(1), and 777(i)(1) of the Act. 

Dated: July 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. 2018–14610 Filed 7–6–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Notice of Scope Rulings 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable July 9, 2018. 

SUMMARY: The Department of Commerce 

(Commerce) hereby publishes a list of 

scope rulings and anticircumvention 

determinations made between April 1, 

2017, and June 30, 2017, inclusive. We 

intend to publish future lists after the 

close of the next calendar quarter. 

FOR FURTHER INFORMATION CONTACT: 

Brenda E. Brown, AD/CVD Operations, 

Customs Liaison Unit, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

202–482–4735. 

SUPPLEMENTARY INFORMATION: 

Background 

Commerce regulations provide that 

the Secretary will publish in the Federal 

Register a list of scope rulings on a 

quarterly basis.1 Our most recent 

notification of scope rulings was 

published on (June 6, 2018).2 This 

current notice covers all scope rulings 

and anticircumvention determinations 

made by Enforcement and Compliance 

between April 1, 2017, and June 30, 

2017, inclusive. Two additional 

subsequent lists will immediately 

follow to bring these quarterly notices 

up to date. 

Scope Rulings Made Between April 1, 2017 

and June 30, 2017 

Mexico 

A–201–805: Certain Circular Welded NonAlloy Steel Pipe From Mexico 

Requestor: Sumitomo Corporation of 

Americas and Nippon Steel & Sumikin Pipe 

Mexico, S.A. de C.V.; Thirteen types of 

automotive and cylinder tubes are outside 

the scope of the order because they are 

mechanical tubing, which is excluded from 

the order; May 12, 2017. 

Socialist Republic of Vietnam 

A–552–818 and C–552–819: Certain Steel 

Nails From the Socialist Republic of Vietnam 

Requestor: Midwest Fastener Corp.; Zinc 

and nylon anchors which are used to attach 

wood, metal, shelf brackets, and other items 

to concrete, brick and other masonry walls, 

ceilings, and floors are within the scope of 

the antidumping and countervailing duty 

orders; May 17, 2017. 

People’s Republic of China 

A–570–967 and C–570–968: Aluminum 

Extrusions From the People’s Republic of 

China 

Requestor: Eran Financial Services, LLC.; 

Eran Finished Light Poles and Light Pole Kits 

are not covered by the scope of the 

antidumping and countervailing duty orders 

on aluminum extrusions from the People’s 

Republic of China because they meet the 

criteria for exclusion as finished merchandise 

or finished goods kits; April 17, 2017. 

A–570–967 and C–570–968: Aluminum 

Extrusions From the People’s Republic of 

China 

Requestor: Ferguson Enterprises Inc.; 

Ferguson’s towel bars, towel rings and toilet 

paper kits are not subject to the antidumping 

and countervailing duty orders on aluminum 

extrusions from the People’s Republic of 

China because they qualify for the scope 

exclusion as finished goods kits; April 20, 

2017. 

A–570–967 and C–570–968: Aluminum 

Extrusions From the People’s Republic of 

China 

Requestor: Spectrum Brands, Inc.; 

Spectrum pocket door frame kits are not 

covered by the scope of the antidumping and 

countervailing duty orders on aluminum 

extrusions from the People’s Republic of 

China because they meet the criteria for 

exclusion as finished goods kits; May 9, 

2017. 

A–570–967 and C–570–968: Aluminum 

Extrusions From the People’s Republic of 

China 

Requestor: Ferguson Enterprises Inc.; 

Ferguson’s Air Duct Registers are not subject 

to the antidumping and countervailing duty 

orders on aluminum extrusions from the 

People’s Republic of China because they 

qualify for the scope exclusion as finished 

merchandise; May 10, 2017. 

A–570–967 and C–570–968: Aluminum 

Extrusions From the People’s Republic of 

China 

Requestor: VantagePoint Industries LLC; 

Certain barn door hardware kits are not 

covered by the scope of antidumping and 

countervailing orders on aluminum 

extrusions from the People’s Republic of 

China because they meet the requirements of 

the finished good kits exclusion; May 19, 

2017. 

A–570–967 and C–570–968: Aluminum 

Extrusions From the People’s Republic of 

China 

Requestor: Innovative Outdoor Solutions, 

Inc.; Ten different outdoor products are not 

covered by the scope of antidumping and 

countervailing orders on aluminum 

extrusions from the People’s Republic of 

China because they meet the requirements of 

the finished good kits exclusion. Two 

outdoor products are included in the scope 

of the order because they do not qualify for 

the scope exclusion for finished merchandise 

or finished goods kits; June 9, 2017. 


sradovich on DSK3GMQ082PROD with NOTICES