Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 17029 

1See Memorandum to the File entitled 

‘‘Verification of the Export-Price Sales Responses of 

Dubai Wire FZE in the Antidumping Investigation 

of Certain Steel Nails from the United Arab 

Emirates,’’ dated January 3, 2012, Memorandum to 

the File entitled ‘‘Verification of the Export-Price 

Sales Responses of Precision Fasteners, LLC in the 

Antidumping Investigation of Certain Steel Nails 

from the United Arab Emirates,’’ dated January 3, 

2012, Memorandum to the File entitled 

‘‘Verification of the Cost Response of Dubai Wire 

FZE in the Antidumping Investigation of Certain 

Steel Nails from the United Arab Emirates,’’ dated 

January 17, 2012, and Memorandum to the File 

entitled ‘‘Verification of the Cost Response of 

Precision Fasteners, LLC in the Antidumping Duty 

Investigation of Certain Steel Nails from the United 

Arab Emirates,’’ dated January 17, 2012. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (ITC) of 

our final determination. As our final 

determination is affirmative and in 

accordance with section 735(b)(2) of the 

Act, the ITC will determine, within 45 

days, whether the domestic industry in 

the United States is materially injured, 

or threatened with material injury, by 

reason of imports or sales (or the 

likelihood of sales) for importation of 

the subject merchandise. If the ITC 

determines that such injury does exist, 

the Department will issue an 

antidumping duty order directing CBP 

to assess antidumping duties on all 

imports of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the effective 

date of the suspension of liquidation. 

Notification Regarding APO 

This notice also serves as a 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. Timely 

notification of the 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. 

This determination is issued and 

published pursuant to sections 735(d) 

and 777(i)(1) of the Act. 

Dated: March 19, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

Appendix I 

Issues in I&D Memo 

1. Date of Sale for Long-Term Contracts 

2. Constructed Value Profit 

3. Constructed Value Selling Expenses 

4. Constructed Export Price Profit 

5. General and Administrative Expenses 

6. Cost Reconciliation 

[FR Doc. 2012–7063 Filed 3–22–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–520–804] 

Certain Steel Nails From the United 

Arab Emirates: Final Determination of 

Sales at Less Than Fair Value 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) has determined that 

imports of certain steel nails (nails) from 

the United Arab Emirates are being, or 

are likely to be, sold in the United States 

at less than fair value (LFTV), as 

provided in section 735 of the Tariff Act 

of 1930, as amended (the Act). The 

estimated margins of sales at LTFV are 

listed in the ‘‘Continuation of 

Suspension of Liquidation’’ section of 

this notice. 

DATES: Effective Date: March 23, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Dmitry Vladimirov or Minoo Hatten, 

AD/CVD Operations, Office 1, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone (202) 482–0665 or (202) 482– 

1690, respectively. 

SUPPLEMENTARY INFORMATION: 

Case History 

On November 3, 2011, the Department 

published in the Federal Register its 

preliminary determination in the 

antidumping duty investigation of nails 

from the United Arab Emirates. See 

Certain Steel Nails from the United 

Arab Emirates: Preliminary 

Determination of Sales at Less Than 

Fair Value and Postponement of Final 

Determination, 76 FR 68129 (November 

3, 2011) (Preliminary Determination). 

As provided in section 782(i) of the 

Act, we conducted sales and cost 

verifications of the questionnaire 

responses submitted by the participating 

respondents, Dubai Wire FZE (Dubai 

Wire) and Precision Fasteners LLC 

(Precision). We used standard 

verification procedures, including 

examination of relevant accounting and 

production records, as well as original 

source documents provided by both 

companies.1

We received case briefs from Mid 

Continent Nail Corporation (hereinafter, 

the petitioner), Dubai Wire, and 

Precision on January 27, 2012. These 

parties submitted rebuttal comments on 

February 1, 2012. No hearing was 

requested. 

Subsequent to the Preliminary 

Determination, the Department revised 

the SAS program to ensure that it 

accurately reflected the methodological 

choices made in that determination. 

These revisions to the programming, 

had they been included in the 

preliminary determination, would not 

have altered the weighted average 

dumping margins calculated there. See 

company-specific analysis memoranda, 

dated concurrently with this notice 

(company-specific analysis memoranda) 

(containing the revised preliminary AD 

margin program, output, and the 

weighted-average dumping margins). 

Period of Investigation 

The period of investigation is January 

1, 2010, through December 31, 2010. 

Scope of Investigation 

The merchandise covered by this 

investigation includes certain steel nails 

having a shaft length up to 12 inches. 

Certain steel nails include, but are not 

limited to, nails made of round wire and 

nails that are cut. Certain steel nails may 

be of one piece construction or 

constructed of two or more pieces. 

Certain steel nails may be produced 

from any type of steel, and have a 

variety of finishes, heads, shanks, point 

types, shaft lengths and shaft diameters. 

Finishes include, but are not limited to, 

coating in vinyl, zinc (galvanized, 

whether by electroplating or hotdipping one or more times), phosphate 

cement, and paint. Head styles include, 

but are not limited to, flat, projection, 

cupped, oval, brad, headless, double, 

countersunk, and sinker. Shank styles 

include, but are not limited to, smooth, 

barbed, screw threaded, ring shank and 

fluted shank styles. Screw-threaded 

nails subject to this investigation are 

driven using direct force and not by 

turning the fastener using a tool that 

engages with the head. Point styles 

include, but are not limited to, 

diamond, blunt, needle, chisel and no 

point. Certain steel nails may be sold in 

bulk, or they may be collated into strips 


srobinson on DSK4SPTVN1PROD with NOTICES
17030 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 

2See Certain Steel Nails From the United Arab 

Emirates: Initiation of Antidumping Duty 

Investigation, 76 FR 23559 (April 27, 2011) 

(Initiation Notice). 

3See the Petition for the Imposition of 

Antidumping Duties on Certain Steel Nails from the 

United Arab Emirates, dated March 31, 2011. See 

also Initiation Notice, 76 FR at 23653. 

4See, e.g., Notice of Preliminary Determination of 

Sales at Less Than Fair Value and Postponement 

of Final Determination: Purified 

Carboxymethylcellulose From Finland, 69 FR 77216 

(December 27, 2004) (unchanged in Notice of Final 

Determination of Sales at Less Than Fair Value: 

Purified Carboxymethylcellulose From Finland, 70 

FR 28279 (May 17, 2005)). 

5See also 19 CFR 351.308(d). See, e.g., Chapter 

6 of the Department’s 2009 Antidumping Manual at 

17, and Notice of Preliminary Determination of 

Sales at Less Than Fair Value and Postponement of 

Final Determination: Stainless Steel Bar from the 

United Kingdom, 66 FR 40192 (August 2, 2001) 

(unchanged in Notice of Final Determination of 

Sales at Less Than Fair Value: Stainless Steel Bar 

from the United Kingdom, 67 FR 3146 (January 23, 

2002). 

or coils using materials such as plastic, 

paper, or wire. 

Certain steel nails subject to this 

investigation are currently classified 

under the Harmonized Tariff Schedule 

of the United States (HTSUS) 

subheadings 7317.00.55, 7317.00.65, 

and 7317.00.75. 

Excluded from the scope of this 

investigation are steel nails specifically 

enumerated and identified in ASTM 

Standard F 1667 (2011 revision) as Type 

I, Style 20 nails, whether collated or in 

bulk, and whether or not galvanized. 

Also excluded from the scope of this 

investigation are the following products: 

• Non-collated (i.e., hand-drive or 

bulk), two-piece steel nails having 

plastic or steel washers (‘‘caps’’) already 

assembled to the nail, having a bright or 

galvanized finish, a ring, fluted or spiral 

shank, an actual length of 0.500′′ to 8′′, 

inclusive; an actual shank diameter of 

0.1015′′ to 0.166′′, inclusive; and an 

actual washer or cap diameter of 0.900′′ 

to 1.10′′, inclusive; 

• Non-collated (i.e., hand-drive or 

bulk), steel nails having a bright or 

galvanized finish, a smooth, barbed or 

ringed shank, an actual length of 0.500′′ 

to 4′′, inclusive; an actual shank 

diameter of 0.1015′′ to 0.166′′, inclusive; 

and an actual head diameter of 0.3375′′ 

to 0.500′′, inclusive; 

• Wire collated steel nails, in coils, 

having a galvanized finish, a smooth, 

barbed or ringed shank, an actual length 

of 0.500′′ to 1.75′′, inclusive; an actual 

shank diameter of 0.116′′ to 0.166′′, 

inclusive; and an actual head diameter 

of 0.3375′′ to 0.500′′, inclusive; 

• Non-collated (i.e., hand-drive or 

bulk), steel nails having a convex head 

(commonly known as an umbrella 

head), a smooth or spiral shank, a 

galvanized finish, an actual length of 

1.75′′ to 3′′, inclusive; an actual shank 

diameter of 0.131′′ to 0.152′′, inclusive; 

and an actual head diameter of 0.450′′ to 

0.813′′, inclusive; 

• Corrugated nails. A corrugated nail 

is made of a small strip of corrugated 

steel with sharp points on one side; 

• Thumb tacks, which are currently 

classified under HTSUS 7317.00.10.00; 

• Fasteners suitable for use in 

powder-actuated hand tools, not 

threaded and threaded, which are 

currently classified under HTSUS 

7317.00.20 and 7317.00.30; 

• Certain steel nails that are equal to 

or less than 0.0720 inches in shank 

diameter, round or rectangular in cross 

section, between 0.375 inches and 2.5 

inches in length, and that are collated 

with adhesive or polyester film tape 

backed with a heat seal adhesive; and 

• Fasteners having a case hardness 

greater than or equal to 50 HRC, a 

carbon content greater than or equal to 

0.5 percent, a round head, a secondary 

reduced-diameter raised head section, a 

centered shank, and a smooth 

symmetrical point, suitable for use in 

gas-actuated hand tools. 

While the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of this investigation is dispositive. 

Changes to the Scope of Investigation 

In the Preliminary Determination we 

stated that we are revising the scope of 

this investigation, as set forth in the 

Initiation Notice,2 by removing the 

language referring to the packaging 

characteristics of certain nails excluded 

from the scope. See Preliminary 

Determination, 76 FR at 68130. Further, 

we also stated that we are modifying the 

scope of the investigation to reflect the 

ASTM Standard F 1667 (2011 revision) 

instead of the 2005 revision. Id. We 

invited interested parties to comment on 

these proposed changes to the scope of 

this investigation. We received no 

comments. Accordingly, for the final 

determination we adopted the revisions 

to the scope of this investigation 

discussed in the Preliminary 

Determination. 

Adverse Facts Available 

For the final determination, we 

continue to find that, by failing to 

provide information we requested, Tech 

Fast International Ltd. (Tech Fast), a 

respondent selected for individual 

examination in this investigation, did 

not act to the best of its ability. Thus, 

we continue to find that the use of 

adverse facts available (AFA) is 

warranted for this company under 

sections 776(a)(2) and (b) of the Act. See 

Preliminary Determination, 76 FR at 

68130–32. 

In the Preliminary Determination, we 

selected the lowest rate alleged in the 

petition, 61.54 percent, as the AFA rate 

for Tech Fast.3 See Preliminary 

Determination, 76 FR at 68131. In this 

final determination, however, we are 

relying on the average-to-transaction 

comparison methodology for both Dubai 

Wire and Precision, pursuant to section 

777A(d)(1)(B) of the Act, as explained 

below. Therefore, we reexamined the 

appropriate AFA rate for Tech Fast for 

the final determination and 

corroborated such rate pursuant to 

section 776(c) of the Act. It is the 

Department’s practice to use the highest 

rate from the petition in an investigation 

when a respondent fails to act to the 

best of its ability to provide the 

necessary information.4 Consistent with 

our practice, for the final determination 

we find that the highest rate in the 

petition of 184.41 percent is appropriate 

for Tech Fast. See Initiation Notice, 76 

FR at 23563. 

In the Preliminary Determination, we 

explained our rationale for finding that 

the rates in the petition have probative 

value and, thus, are both reliable and 

relevant to Tech Fast. See Preliminary 

Determination, 76 FR at 68131–32. 

Further for the final determination, we 

compared the normal values and net 

U.S. prices we calculated for Dubai Wire 

and Precision Fasteners in the final 

determination to the normal value and 

net U.S. price underlying the 

calculation of 184.41 percent rate in the 

petition. We found that certain normal 

values we calculated for Dubai Wire and 

Precision Fasteners in this investigation 

were higher than or within the range of 

the normal value in the petition; we 

found that certain net U.S. prices we 

calculated for Dubai Wire and Precision 

Fasteners in this investigation were 

lower than or within the range of the 

U.S. price in the petition. See companyspecific analysis memoranda. 

Accordingly, by using information 

that was corroborated in the preinitiation stage of this investigation and 

determining it to be relevant for the 

uncooperative respondent in this 

investigation, we have corroborated the 

AFA rate of 184.41 percent ‘‘to the 

extent practicable’’ as provided in 

section 776(c) of the Act.5 Therefore, 

with respect to Tech Fast, for the final 

determination we have used, as AFA, 

the margin in the petition of 184.41 

percent, as set forth in the notice of 

initiation. See Initiation Notice, 76 FR at 

23563. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 17031 

6See Certain Steel Nails from the United Arab 

Emirates: Notice of Final Determination of Sales at 

Not Less Than Fair Value, 73 FR 33985 (June 16, 

2008) (Nails). 

7See Polyethylene Retail Carrier Bags From 

Taiwan: Preliminary Determination of Sales at Less 

Than Fair Value and Postponement of Final 

Determination, 74 FR 55183 (October 27, 2009) 

(unchanged in Polyethylene Retail Carrier Bags 

from Taiwan: Final Determination of Sales at Less 

Than Fair Value, 75 FR 14569 (March 26, 2010)) 

(Bags). 

8See Multilayered Wood Flooring from the 

People’s Republic of China: Final Determination of 

Sales at Less Than Fair Value, 76 FR 64318 

(October 18, 2011) (Wood Flooring) and 

accompanying Issues and Decision Memorandum at 

Comment 4. 

9See, e.g., Polyethylene Retail Carrier Bags from 

Taiwan: Final Determination of Sales at Less Than 

Fair Value, 75 FR 14569 (March 26, 2010) and 

accompanying Issues and Decision Memorandum at 

Comment 1. See Comment 4 of accompanying 

Issues and Decision Memorandum to this final 

determination. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

antidumping investigation are 

addressed in the Issues and Decision 

Memorandum from Christian Marsh, 

Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, to Paul Piquado, Assistant 

Secretary for Import Administration 

(Issues and Decision Memorandum), 

which is dated concurrently with and 

hereby adopted by this notice. A list of 

the issues raised is attached to this 

notice as Appendix I. The Issues and 

Decision Memorandum is a public 

document and is on file electronically 

via Import Administration’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(IA ACCESS). Access to IA ACCESS is 

available in the Central Records Unit 

(CRU), room 7046 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://www.trade.gov/ia/. The signed 

Issues and Decision Memorandum and 

the electronic versions of the Issues and 

Decision Memorandum are identical in 

content. 

Targeted Dumping 

Pursuant to section 777A(d)(1)(B) of 

the Act, the Department may employ the 

average-to-transaction margincalculation methodology when: (1) 

There is a pattern of export prices that 

differ significantly among purchasers, 

regions, or periods of time; (2) the 

Department explains why such 

differences cannot be taken into account 

using the average-to-average or 

transaction-to-transaction methodology. 

See section 777A(d)(1)(B) of the Act. 

In the Preliminary Determination, 

based on the methodology adopted in 

Nails,6 as modified in Bags 7 and Wood 

Flooring 8 to correct certain ministerial 

errors, for both Dubai Wire and 

Precision we found a pattern of export 

prices for comparable merchandise that 

differs significantly among certain 

customers, regions, and time periods. 

See Preliminary Determination, 76 FR at 

68133. We determined preliminarily, 

however, that these price differences 

could be taken into account using the 

standard average-to-average 

methodology because the alternative 

average-to-transaction methodology 

yielded a difference in the margin that 

was not meaningful relative to the size 

of the resulting margin. Id. Accordingly, 

in the Preliminary Determination we 

applied the standard average-to-average 

methodology to all U.S. sales reported 

by Dubai Wire and Precision. Id 

For the final determination, for both 

Dubai Wire and Precision we continue 

to find a pattern of export prices for 

comparable merchandise that differs 

significantly among customers, regions, 

or by time period. See company-specific 

analysis memoranda. As a result of 

certain changes to the margin 

calculations for Dubai Wire and 

Precision, for the final determination we 

find that that the standard average-toaverage methodology does not take into 

account the price differences because 

the alternative average-to-transaction 

methodology yields a difference in the 

margin that is significant relative to the 

size of the resulting margin. See 

company-specific analysis memoranda. 

Accordingly, for the final determination 

we find that the average-to-average 

methodology masks differences in the 

patterns of prices between the targeted 

and non-targeted groups by averaging 

low-priced sales to the targeted group 

with high-priced sales to the nontargeted group. See section 777A(d)(1) 

of the Act. Therefore, consistent with 

our practice, for this final determination 

we have applied the average-totransaction methodology to all U.S. 

sales reported by Dubai Wire and 

Precision in this investigation.9

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received and our findings at 

verifications, we have made certain 

changes to the margin calculations for 

Dubai Wire and Precision. For a 

discussion of these changes, see 

Memorandum to Neal Halper from Gary 

Urso (Dubai Wire) or from James Balog 

(Precision Fasteners), entitled ‘‘Cost of 

Production and Constructed Value 

Calculation Adjustments for the Final 

Determination’’ dated concurrently with 

this notice (Final Determination Cost 

Calculation Memos) and companyspecific analysis memoranda. 

Affiliation and Collapsing 

As explained in the Preliminary 

Determination, we found that Dubai 

Wire and its affiliate, Global Fasteners 

Limited (GFL), a producer of screws, are 

not a single entity pursuant to 19 CFR 

351.401(f) and, thus, should not be 

collapsed for purposes of calculating a 

dumping margin for Dubai Wire. See 

Preliminary Determination, 76 FR at 

68132. Because no party presented new 

arguments on the issues and we have no 

new information that challenges our 

finding in the Preliminary 

Determination, we continue to find that 

Dubai Wire and GFL are not a single 

entity. Further, as explained in the 

Preliminary Determination, we found 

that, pursuant to section 771(33)(F) of 

the Act, Precision is not affiliated with 

Millennium Steel and Wire LLC (MSW). 

For the final determination, we continue 

to find that Precision and MSW are not 

affiliated. See Comment 12 of 

accompanying Issues and Decision 

Memorandum to this final 

determination. 

Cost of Production 

As explained in the Preliminary 

Determination, in accordance with 

section 773(a)(4) of the Act, we used 

constructed value as the basis for 

normal value for Dubai Wire and 

Precision because neither company had 

a viable comparison market. See 

Preliminary Determination, 76 FR at 

68134–35. We calculated constructed 

value in accordance with section 773(e) 

of the Act. Because Dubai Wire and 

Precision did not have a viable 

comparison market, we determined 

selling expenses and profit under 

section 773(e)(2)(B) of the Act. In the 

Preliminary Determination, for both 

Dubai Wire and Precision, we used the 

profit rate derived from the publicly 

available financial statements for the 

fiscal year most contemporaneous with 

the POI for a company in the United 

Arab Emirates, Arab Heavy Industries 

(AHI). Based on record evidence 

provided since the Preliminary 

Determination and parties’ comments, 

we find that for the final determination 

it is more appropriate to use a different 

source of information to derive the 

constructed value profit. See Comment 

6 of accompanying Issues and Decision 

Memorandum to this final 

determination. Specifically, we find that 

the publicly available financial 

statements for Abu Dhabi National 

Company for Building Materials best 


srobinson on DSK4SPTVN1PROD with NOTICES
17032 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 

meet the requirements of section 

773(e)(2)(B) of the Act because it is 

predominately a trading company in 

building materials, while AHI is 

predominately a provider of services 

and products to a customer base of 

marine, offshore, and engineering 

industries which is substantially 

divergent from that of Precision and 

Dubai Wire. Further, because this source 

of information did not provide enough 

detail to calculate selling expenses for 

Dubai Wire and Precision Fasteners, we 

used the companies’ respective 

company-wide selling-expense rates. 

See company-specific analysis 

memoranda. With respect to Precision, 

see also Comment 7 of accompanying 

Issues and Decision Memorandum to 

this final determination. We find that 

this approach satisfies sufficiently the 

criteria of section 773(e) because the 

selling expenses were derived for 

subject merchandise as well as for 

products in the same general category as 

subject merchandise. 

Continuation of Suspension of 

Liquidation 

Pursuant to section 735(c)(1)(B) of the 

Act, we will instruct U.S. Customs and 

Border Protection (CBP) to continue to 

suspend liquidation of all entries of 

nails from the United Arab Emirates 

which were entered, or withdrawn from 

warehouse, for consumption on or after 

November 3, 2011, the date of 

publication of the Preliminary 

Determination. We will instruct CBP to 

require a cash deposit or the posting of 

a bond equal to the weighted-average 

margins, as indicated below, as follows: 

(1) The rates for Dubai Wire, Precision, 

and Tech Fast will be the rates we have 

determined in this final determination; 

(2) if the exporter is not a firm identified 

in this investigation but the producer is, 

the rate will be the rate established for 

the producer of the subject 

merchandise; (3) the rate for all other 

producers or exporters will be 4.55 

percent, as discussed in the ‘‘All-Others 

Rate’’ section, below. These suspensionof-liquidation instructions will remain 

in effect until further notice. 

Manufacturer/exporter 

Weightedaverage 

margin 

(percent) 

Dubai Wire FZE ........................ 6.29 

Precision Fasteners LLC .......... 2.80 

Tech Fast International Ltd ...... 184.41 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that the estimated all-others 

rate shall be 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 under 

section 776 of the Act. Dubai Wire and 

Precision Fasteners are the only 

respondents in this investigation for 

which we calculated a company-specific 

rate that is not zero or de minimis or 

determined entirely under section 776 

of the Act. Therefore, because there are 

only two relevant weighted-average 

dumping margins for this final 

determination and because using a 

weighted-average calculation risks 

disclosure of business proprietary 

information of Dubai Wire and Precision 

Fasteners, the ‘‘all-others’’ rate is a 

simple-average of these two values, 

which is 4.55 percent. See Seamless 

Refined Copper Pipe and Tube From 

Mexico: Final Determination of Sales at 

Less Than Fair Value, 75 FR 60723, 

60724 (October 1, 2010). 

Disclosure 

We intend to disclose to parties in 

this proceeding the calculations 

performed within five days of the date 

of publication of this notice in 

accordance with 19 CFR 351.224(b). 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (ITC) of 

our final determination. As our final 

determination is affirmative and in 

accordance with section 735(b)(2) of the 

Act, the ITC will determine, within 45 

days, whether the domestic industry in 

the United States is materially injured, 

or threatened with material injury, by 

reason of imports or sales (or the 

likelihood of sales) for importation of 

the subject merchandise. If the ITC 

determines that such injury does exist, 

the Department will issue an 

antidumping duty order directing CBP 

to assess antidumping duties on all 

imports of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the effective 

date of the suspension of liquidation. 

Notification Regarding APO 

This notice also serves as a final 

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. Timely 

notification of the 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. 

This determination is issued and 

published pursuant to sections 735(d) 

and 777(i)(1) of the Act. 

Dated: March 19, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

Appendix I 

Issues and Decision Memorandum 

1. Targeting Dumping Allegations 

2. Methodologies Underlying Targeted 

Dumping Test 

3. De Minimis Standard in the Targeted 

Dumping Test 

4. Application of the Average-to-Transaction 

Comparison Methodology 

5. Zeroing under the Average-to-Transaction 

Comparison Methodology in Investigations 

6. Constructed Value Profit 

7. Constructed Value Selling Expenses 

8. Affiliated Loans 

9. Cost Differences Unrelated to Differences 

in Physical Characteristics 

10. General and Administrative Expenses 

11. Quarterly Cost Methodology 

12. Affiliation 

13. Adverse Facts Available 

[FR Doc. 2012–7067 Filed 3–22–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XB086 

Advisory Committee to the U.S. 

Section to the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT); Spring 

Species Working Group Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of Advisory Committee 

meeting. 

SUMMARY: The Advisory Committee 

(Committee) to the U.S. Section to the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

announces its annual spring meeting on 

May 1–2, 2012. The Committee will 

meet with its Technical Advisors to 

discuss matters relating to ICCAT, 

including the 2011 Commission meeting 

results; research and management 

activities; global and domestic 

initiatives related to ICCAT; the Atlantic 

Tunas Convention Act-required report 

on any identification of countries that 

are diminishing the effectiveness of 

ICCAT; the results of meetings of the 


srobinson on DSK4SPTVN1PROD with NOTICES