Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices 65187 

6See 19 CFR 351.218(d)(1)(iii). 

not comply with the revised 

certification requirements. 

On April 10, 2013, the Department 

published Definition of Factual 

Information and Time Limits for 

Submission of Factual Information: 

Final Rule, 78 FR 21246 (April 10, 

2013), which modified two regulations 

related to antidumping and 

countervailing duty proceedings: The 

definition of factual information (19 

CFR 351.102(b)(21), and the time limits 

for the submission of factual 

information (19 CFR 351.301). The final 

rule identifies five categories of factual 

information in 19 CFR 351.102(b)(21), 

which are summarized as follows: (i) 

Evidence submitted in response to 

questionnaires; (ii) evidence submitted 

in support of allegations; (iii) publicly 

available information to value factors 

under 19 CFR 351.408(c) or to measure 

the adequacy of remuneration under 19 

CFR 351.511(a)(2); (iv) evidence placed 

on the record by the Department; and (v) 

evidence other than factual information 

described in (i)–(iv). The final rule 

requires any party, when submitting 

factual information, to specify under 

which subsection of 19 CFR 

351.102(b)(21) the information is being 

submitted and, if the information is 

submitted to rebut, clarify, or correct 

factual information already on the 

record, to provide an explanation 

identifying the information already on 

the record that the factual information 

seeks to rebut, clarify, or correct. The 

final rule also modified 19 CFR 351.301 

so that, rather than providing general 

time limits, there are specific time limits 

based on the type of factual information 

being submitted. These modifications 

are effective for all segments initiated on 

or after May 10, 2013. Review the final 

rule, available at http://

enforcement.trade.gov/frn/2013/

1304frn/2013-08227.txt, prior to 

submitting factual information in this 

segment. To the extent that other 

regulations govern the submission of 

factual information in a segment (such 

as 19 CFR 351.218), these time limits 

will continue to be applied. 

Revised Extension of Time Limits 

Regulation 

On September 20, 2013, the 

Department modified its regulation at 19 

CFR 351.302(c) concerning the 

extension of time limits for submissions 

in antidumping and countervailing duty 

proceedings: Extension of Time Limits, 

78 FR 57790 (September 20, 2013). The 

modification clarifies that parties may 

request an extension of time limits 

before a time limit established under 

part 351 of the Department’s regulations 

expires, or as otherwise specified by the 

Secretary. In general, an extension 

request will be considered untimely if it 

is filed after the time limit established 

under part 351 expires. For submissions 

which are due from multiple parties 

simultaneously, an extension request 

will be considered untimely if it is filed 

after 10:00 a.m. on the due date. Under 

certain circumstances, the Department 

may elect to specify a different time 

limit by which extension requests will 

be considered untimely for submissions 

which are due from multiple parties 

simultaneously. In such a case, the 

Department will inform parties in the 

letter or memorandum setting forth the 

deadline (including a specified time) by 

which extension requests must be filed 

to be considered timely. This 

modification also requires that an 

extension request must be made in a 

separate, stand-alone submission, and 

clarifies the circumstances under which 

the Department will grant untimelyfiled requests for the extension of time 

limits. These modifications are effective 

for all segments initiated on or after 

October 21, 2013. Review the final rule, 

available at http://www.gpo.gov/fdsys/

pkg/FR-2013-09-20/html/2013- 

22853.htm, prior to submitting factual 

information in these segments. 

Letters of Appearance and 

Administrative Protective Orders 

Pursuant to 19 CFR 351.103(d), the 

Department will maintain and make 

available a public service list for these 

proceedings. Parties wishing to 

participate in any of these five-year 

reviews must file letters of appearance 

as discussed at 19 CFR 351.103(d)). To 

facilitate the timely preparation of the 

public service list, it is requested that 

those seeking recognition as interested 

parties to a proceeding submit an entry 

of appearance within 10 days of the 

publication of the Notice of Initiation. 

Because deadlines in Sunset Reviews 

can be very short, we urge interested 

parties who want access to proprietary 

information under administrative 

protective order (‘‘APO’’) to file an APO 

application immediately following 

publication in the Federal Register of 

this notice of initiation. The 

Department’s regulations on submission 

of proprietary information and 

eligibility to receive access to business 

proprietary information under APO can 

be found at 19 CFR 351.304–306. 

Information Required From Interested 

Parties 

Domestic interested parties, as 

defined in section 771(9)(C), (D), (E), (F), 

and (G) of the Act and 19 CFR 

351.102(b), wishing to participate in a 

Sunset Review must respond not later 

than 15 days after the date of 

publication in the Federal Register of 

this notice of initiation by filing a notice 

of intent to participate. The required 

contents of the notice of intent to 

participate are set forth at 19 CFR 

351.218(d)(1)(ii). In accordance with the 

Department’s regulations, if we do not 

receive a notice of intent to participate 

from at least one domestic interested 

party by the 15-day deadline, the 

Department will automatically revoke 

the order without further review.6

If we receive an order-specific notice 

of intent to participate from a domestic 

interested party, the Department’s 

regulations provide that all parties 

wishing to participate in a Sunset 

Review must file complete substantive 

responses not later than 30 days after 

the date of publication in the Federal 

Register of this notice of initiation. The 

required contents of a substantive 

response, on an order-specific basis, are 

set forth at 19 CFR 351.218(d)(3). Note 

that certain information requirements 

differ for respondent and domestic 

parties. Also, note that the Department’s 

information requirements are distinct 

from the Commission’s information 

requirements. Consult the Department’s 

regulations for information regarding 

the Department’s conduct of Sunset 

Reviews. Consult the Department’s 

regulations at 19 CFR part 351 for 

definitions of terms and for other 

general information concerning 

antidumping and countervailing duty 

proceedings at the Department. 

This notice of initiation is being 

published in accordance with section 

751(c) of the Act and 19 CFR 351.218(c). 

Dated: October 23, 2014. 

Christian Marsh, 

Deputy Assistant Secretary, for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2014–26087 Filed 10–31–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–580–875] 

Certain Steel Nails From the Republic 

of Korea: Preliminary Negative 

Countervailing Duty Determination and 

Alignment of Final Countervailing Duty 

Determination With Final Antidumping 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

mstockstill on DSK4VPTVN1PROD with NOTICES

65188 Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices 

1See Certain Steel Nails From India, the Republic 

of Korea, Malaysia, the Sultanate of Oman, Taiwan, 

the Republic of Turkey, and the Socialist Republic 

of Vietnam, 79 FR 36014 (June 25, 2014). 

2See Certain Steel Nails From India, the Republic 

of Korea, Malaysia, the Sultanate of Oman, Taiwan, 

the Republic of Turkey, and the Socialist Republic 

of Vietnam: Initiation of Less-Than-Fair-Value 

Investigations, 79 FR 36019 (June 25, 2014). 

3See Memorandum from Christian Marsh, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, to Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance regarding ‘‘Decision Memorandum for 

the Preliminary Determination in the 

Countervailing Duty Investigation of Certain Steel 

Nails from the Republic of Korea,’’ dated 

concurrently with this notice (Preliminary Decision 

Memorandum). 

4For a discussion of these entities’ crossownership, see the Preliminary Decision 

Memorandum at 8. 

5See 19 CFR 351.224(b). 

6See 19 CFR 351.309(c) and (d). 

7See 19 CFR 351.510. 

8The shaft length of certain steel nails with flat 

heads or parallel shoulders under the head shall be 

measured from under the head or shoulder to the 

tip of the point. The shaft length of all other certain 

steel nails shall be measured overall. 

determines that de minimis 

countervailable subsidies are being 

provided to producers and exporters of 

certain steel nails (nails) from the 

Republic of Korea (Korea). The period of 

investigation is January 1, 2013, through 

December 31, 2013. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Effective Date: November 3, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Dana Mermelstein or Erin Kearney, AD/ 

CVD Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–1391 and (202) 

482–0167, respectively. 

SUPPLEMENTARY INFORMATION: On June 

25, 2014, the Department initiated this 

countervailing duty (CVD) 

investigation.1 On the same day, the 

Department also initiated an 

antidumping duty (AD) investigation of 

nails from Korea and several other 

countries.2 On August 7, in response to 

a request from the Petitioner, MidContinent Steel & Wire, Inc., the 

Department postponed the preliminary 

determinations in the CVD 

investigations. 

Alignment of Final Countervailing Duty 

(CVD) Determination With Final 

Antidumping Duty (AD) Determination 

In accordance with section 705(a)(1) 

of the Tariff Act of 1930, as amended 

(the Act), and 19 CFR 351.210(b)(4), and 

based on Petitioner’s request, we are 

aligning the final CVD determination in 

this investigation with the final AD 

determination of nails from Korea. 

Consequently, the final CVD 

determination will be issued on the 

same date as the final AD 

determination, which is currently 

scheduled to be issued no later than 

March 2, 2015, unless postponed. 

Scope of the Investigation 

The products covered by this 

investigation are certain steel nails. For 

a complete description of the scope of 

the investigation, see Appendix 1 to this 

notice. 

Methodology 

The Department is conducting this 

CVD investigation in accordance with 

section 701 of the Act. For a full 

description of the methodology 

underlying our preliminary conclusions, 

see the Preliminary Decision 

Memorandum.3 The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(IA ACCESS). IA ACCESS is available to 

registered users at http://

iaaccess.trade.gov, and is available to all 

parties in the Central Records Unit, 

room 7046 of the main Department of 

Commerce building. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly on the Internet at http://

enforcement.trade.gov/frn/index.html. 

The signed Preliminary Decision 

Memorandum and the electronic 

versions of the Preliminary Decision 

Memorandum are identical in content. 

In accordance with section 

703(d)(1)(A)(i) of the Act, we calculated 

a CVD rate for the individually 

investigated producers/exporters of the 

subject merchandise. 

Preliminary Determination 

We preliminarily determine the 

countervailable subsidy rates to be: 

Company Subsidy rate 

Daejin Steel Company ..... 0.15 percent (de 

minimis). 

Jinheung Steel Corporation.0.18 percent (de 

minimis). 

Duo-Fast Korea Co., Ltd. 

Jinsco International Corporation 4

Consistent with section 703(d) of the 

Act, the Department did not calculate an 

all-others rate because it did not reach 

an affirmative preliminarily 

determination. Because we have 

preliminarily determined that the CVD 

rates in this investigation are de 

minimis, we will not direct U.S. 

Customs and Border Protection to 

suspend liquidation of entries of subject 

merchandise from Korea. 

Disclosure and Public Comment 

The Department intends to disclose to 

interested parties the calculations 

performed in connection with this 

preliminary determination within five 

days of its public announcement.5

Interested parties may submit case and 

rebuttal briefs 6 and request a hearing.7

For a schedule of the deadlines for filing 

case briefs, rebuttal briefs, and hearing 

requests, see the Preliminary Decision 

Memorandum. 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act. 

Dated: October 27, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 1—Scope of the Investigation 

The merchandise covered by this 

investigation is certain steel nails having a 

nominal shaft length not exceeding 12 

inches.8 Certain steel nails include, but are 

not limited to, nails made from round wire 

and nails that are cut from flat-rolled steel. 

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 may have any 

type of surface finish, head type, shank, point 

type and shaft diameter. Finishes include, 

but are not limited to, coating in vinyl, zinc 

(galvanized, including but not limited to 

electroplating or hot dipping one or more 

times), phosphate, cement, and paint. Certain 

steel nails may have one or more surface 

finishes. 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. Screw-threaded nails 

subject to this proceeding are driven using 

direct force and not by turning the nail using 

a tool that engages with the head. Point styles 

include, but are not limited to, diamond, 

needle, chisel and blunt or no point. Certain 

steel nails may be sold in bulk, or they may 

be collated in any manner using any material. 

If packaged in combination with one or more 

non-subject articles, certain steel nails 

remain subject merchandise if the total 

number of nails of all types, in aggregate 

regardless of size, is equal to or greater than 

25. 

Excluded from the scope of this 

investigation are certain steel nails packaged 

in combination with one or more non-subject 

articles, if the total number of nails of all 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 212 / Monday, November 3, 2014 / Notices 65189 

types, in aggregate regardless of size, is less 

than 25. 

Also excluded from the scope of this 

investigation are steel nails that meet the 

specifications of Type I, Style 20 nails as 

identified in Tables 29 through 33 of ASTM 

Standard F1667 (2013 revision). 

Also excluded from the scope of this 

investigation are nails suitable for use in 

powder-actuated hand tools, whether or not 

threaded, which are currently classified 

under Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’) subheadings 

7317.00.20.00 and 7317.00.30.00. 

Also excluded from the scope of this 

investigation are nails having a case hardness 

greater than or equal to 50 on the Rockwell 

Hardness C scale (‘‘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 gasactuated hand tools. 

Also excluded from the scope of this 

investigation are corrugated nails. A 

corrugated nail is made up of a small strip 

of corrugated steel with sharp points on one 

side. 

Also excluded from the scope of this 

investigation are thumb tacks, which are 

currently classified under HTSUS 

7317.00.10.00. 

Certain steel nails subject to these 

investigations are currently classified 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 investigations also may be classified 

under HTSUS subheading 8206.00.00.00. 

While the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of these investigations is dispositive. 

Appendix 2—List of Topics Discussed 

in the Preliminary Decision 

Memorandum 

I. Summary 

II. Background 

III. Alignment 

IV. Scope Comments 

V. Scope of the Investigation 

VI. Injury Test 

VII. Subsidies Valuation 

VIII. Analysis of Programs 

IX. Calculation of the All Others Rate 

X. ITC Notification 

XI. Disclosure and Public Comment 

XII. Verification 

XIII. Recommendation 

[FR Doc. 2014–26070 Filed 10–31–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Advance Notification of 

Sunset Reviews 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

Background 

Every five years, pursuant to section 

751(c) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), the Department of 

Commerce (‘‘the Department’’) and the 

International Trade Commission 

automatically initiate and conduct a 

review to determine whether revocation 

of a countervailing or antidumping duty 

order or termination of an investigation 

suspended under section 704 or 734 of 

the Act would be likely to lead to 

continuation or recurrence of dumping 

or a countervailable subsidy (as the case 

may be) and of material injury. 

Upcoming Sunset Reviews for 

December 2014 

The following Sunset Reviews are 

scheduled for initiation in December 

2014 and will appear in that month’s 

Notice of Initiation of Five-Year Sunset 

Review (‘‘Sunset Review’’). With respect 

to the orders on Oil Country Tubular 

Goods, we have advanced the initiation 

date of certain Sunset Reviews upon 

determining that initiation of the Sunset 

Reviews for all of the Oil Country 

Tubular Goods orders on the same date 

would promote administrative 

efficiency. 

Department contact 

Antidumping Duty Proceedings 

Oil Country Tubular Goods from the People’s Republic of China (A–570–945) (1st Review) .................. David Goldberger (202) 482–4136. 

Countervailing Duty Proceedings 

Oil Country Tubular Goods from the People’s Republic of China (C–570–944) (1st Review) .................. Jacqueline Arrowsmith (202) 482–5255. 

Suspended Investigations 

No Sunset Review of suspended investigations is scheduled for initiation in December 2014.

The Department’s procedures for the 

conduct of Sunset Reviews are set forth 

in 19 CFR 351.218. The Notice of 

Initiation of Five-Year (‘‘Sunset’’) 

Reviews provides further information 

regarding what is required of all parties 

to participate in Sunset Reviews. 

Pursuant to 19 CFR 351.103(c), the 

Department will maintain and make 

available a service list for these 

proceedings. To facilitate the timely 

preparation of the service list(s), it is 

requested that those seeking recognition 

as interested parties to a proceeding 

contact the Department in writing 

within 10 days of the publication of the 

Notice of Initiation. 

Please note that if the Department 

receives a Notice of Intent to Participate 

from a member of the domestic industry 

within 15 days of the date of initiation, 

the review will continue. Thereafter, 

any interested party wishing to 

participate in the Sunset Review must 

provide substantive comments in 

response to the notice of initiation no 

later than 30 days after the date of 

initiation. 

This notice is not required by statute 

but is published as a service to the 

international trading community. 

Dated: October 17, 2014. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2014–26078 Filed 10–31–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–845] 

Sugar From Mexico: Preliminary 

Determination of Sales at Less Than 

Fair Value and Postponement of Final 

Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that sugar from Mexico is 

being, or is likely to be, sold in the 

United States at less than fair value 

(LTFV), as provided in section 733(b) of 

mstockstill on DSK4VPTVN1PROD with NOTICES