Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 78051 

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: Initiation of Less-Than-Fair-Value 

Investigations, 79 FR 36019 (June 25, 2014) 

(‘‘Initiation Notice’’). 

2See Certain Steel Nails from the Republic of 

Korea, Malaysia, Taiwan, the Sultanate of Oman, 

Taiwan, and the Socialist Republic of Vietnam: 

Postponement of Preliminary Determination of 

Antidumping Duty Investigations, 79 FR 63082 

(October 22, 2014). 

3The scope language has not changed from that 

in the Initiation Notice. 

4See memorandum to Ronald K. Lorentzen, 

‘‘Decision Memorandum for the Preliminary 

Determination in the Antidumping Duty 

Investigation of Certain Steel Nails from the 

Republic of Korea,’’ (‘‘Preliminary Decision 

Memorandum’’) dated concurrently with and 

hereby adopted by this notice. A list of the topics 

discussed in the Preliminary Decision 

Memorandum appears in Appendix II, below. 

5On November 24, 2014, Enforcement and 

Compliance changed the name of the Import 

Administration AD and CVD Centralized Electronic 

Service System (‘‘IA ACCESS’’) to AD and CVD 

Centralized Electronic Service System (‘‘ACCESS’’). 

The Web site location was changed from http:// 

iaaccess.trade.gov to http://access.trade.gov. See 

Enforcement and Compliance; Change of Electronic 

Filing System Name, 79 FR 69046 (November 20, 

2014). 

Schedule category and the polarity of the 

product. 

5. Processing: Indicate ‘‘YES’’ if the Sugar 

is being imported for further processing in 

the United States by a USDA-recognized cane 

refiner and ‘‘NO’’ if it is not. 

6. Quantity: Indicate in metric tons raw 

value and short tons raw value. 

7. Date of Export License: Date that the 

Export License is issued. 

8. Date of Expiration of the Export License: 

Indicate the date that the Export License 

expires. 

9. Port of Export: Indicate the port of 

export. 

10. Allocation to Mill: Indicate the total 

amount of the Export Limit allocated to the 

individual mill during the relevant Export 

Limit Period. 

11. Allocation Remaining: Indicate the 

remaining amount available under the 

allocation to the individual mill during the 

relevant Export Limit Period. 

Appendix II—Information on Exports 

of Sugar From Mexico 

In accordance with the established format, 

the GOM’s license issuing authority shall 

collect and provide to the Department all 

information necessary to ensure compliance 

with the Agreement. This information will be 

provided to the Department on monthly 

basis. The GOM’s license issuing authority 

will collect and maintain data on exports to 

the United States on a continuous basis. Data 

for exports to countries other than the United 

States will be reported upon request. The 

GOM’s license issuing authority may provide 

a narrative explanation to substantiate all 

data collected in accordance with the 

following formats. 

The GOM’s license issuing authority will 

provide a report or summary regarding all 

Export Licenses issued to entities, which 

shall contain the following information 

unless the information is unknown to the 

licensing authority and the licensee. Upon 

request, the GOM will provide copies of any 

Export License to the Department. 

1. Export License Number: Indicate the 

Export License number for the shipment. 

2. Name of the Licensee: Indicate the name 

of the Licensee, and the name of the mill, if 

different from the Licensee. 

3. Name of the Exporter: Indicate the name 

of the broker/trader or mill, as applicable. 

4. Complete Description of Merchandise: 

Include the applicable Harmonized Tariff 

Schedule category and the polarity of the 

product. 

5. Processing: Indicate ‘‘YES’’ if the Sugar 

is being imported for further processing in 

the United States by a USDA-recognized cane 

refiner and ‘‘NO’’ if it is not. 

6. Quantity: Indicate in metric tons raw 

value and short tons raw value. 

7. Date of Export License: Date that the 

Export License is issued. 

8. Date of Expiration of the Export License: 

Indicate the date that the Export License 

expires. 

9. Port of Export: Indicate the port of 

export. 

10. Allocation to Mill: Indicate the total 

amount of the Export Limit allocated to the 

individual mill during the relevant Export 

Limit Period. 

11. Allocation Remaining: Indicate the 

remaining amount available under the 

allocation to the individual mill during the 

relevant Export Limit Period. 

[FR Doc. 2014–30392 Filed 12–24–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–874] 

Certain Steel Nails From the Republic 

of Korea: Affirmative 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 

(‘‘Department’’) preliminarily 

determines that certain steel nails 

(‘‘nails’’) from the Republic of Korea 

(‘‘Korea’’) are being, or are likely to be, 

sold in the United States at less than fair 

value (‘‘LTFV’’), as provided in section 

733(b) of the Tariff Act of 1930, as 

amended (the ‘‘Act’’). The period of 

investigation is April 1, 2013, through 

March 31, 2014. The estimated 

weighted-average dumping margins are 

shown in the ‘‘Preliminary 

Determination’’ section of this notice. 

Interested parties are invited to 

comment on this preliminary 

determination. We intend to issue the 

final determination 135 days after 

publication of this preliminary 

determination in the Federal Register. 

DATES: Effective Date: December 29, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Jamie Blair-Walker or Drew Jackson, 

AD/CVD Operations, Office IV, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW., 

Washington, DC 20230; telephone: (202) 

482–2615 or (202) 482–4406, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published the notice 

of initiation of this investigation on June 

25, 2014.1 Pursuant to section 

733(c)(1)(A) of the Act, the Department 

postponed this preliminary LTFV 

determination by 42 days until 

December 17, 2014.2

Scope of the Investigation 

The product covered by this 

investigation is certain steel nails from 

Korea. For a full description of the 

scope of the investigation, see Appendix 

I to this notice.3

Scope Comments 

Several interested parties (i.e., IKEA 

Supply AG and IKEA Distributions 

Services Inc. (collectively ‘‘IKEA’’), 

Target Corporation, and The Home 

Depot) submitted comments to the 

Department on the scope of the 

investigation as it appeared in the 

Initiation Notice, and Mid Continent 

Steel & Wire, Inc. (‘‘Petitioner’’) 

submitted rebuttal comments. For 

discussion of those comments and 

rebuttal comments, see the Preliminary 

Decision Memorandum.4

Methodology 

The Department conducted this 

investigation in accordance with section 

731 of the Act. Export price (‘‘EP’’) and 

constructed export price (‘‘CEP’’) have 

been calculated in accordance with 

section 772 of the Act. Normal value 

(‘‘NV’’) has been calculated in 

accordance with section 773 of the Act. 

For a full description of the 

methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum. The 

Preliminary Decision Memorandum is a 

public document and is made available 

to the public via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS).5

ACCESS is available to registered users 

at https://access.trade.gov, and is 


tkelley on DSK3SPTVN1PROD with NOTICES
78052 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 

6On July 28, 2014, the Department selected 

Daejin Steel Co. Ltd. as a mandatory respondent. On 

August 4, 2014, Daejin Steel informed the 

Department that the correct name of the company 

is simply Daejin Steel. 

7See 19 CFR 351.309(c); see also 19 CFR 351.303 

(for general filing requirements). 

8See 19 CFR 351.310(c). 

9See also 19 CFR 351.210(b)(2) and (e); see also 

Letter from Daejin Steel to the Department, 

regarding ‘‘Certain Steel Nails from the Republic of 

Korea; Extension Request for Final Results,’’ dated 

December 9, 2014; Letter from Jinheung Steel to the 

Department, regarding ‘‘Antidumping Investigation 

of Certain Steel Nails from Korea—Extension 

Request,’’ dated December 9, 2014; see also Letter 

from Petitioner to the Department, regarding 

‘‘Certain Steel Nails from the Republic of Korea: 

Extension Request of Final Determination,’’ dated 

December 10, 2014. 

10 Id. 

11See Modification of Regulations Regarding the 

Practice of Accepting Bonds During the Provisional 

Measures Period in Antidumping and 

available to all parties in the 

Department’s Central Records Unit, 

located at room 7046 of the main 

Department of Commerce building. In 

addition, a complete version of the 

Preliminary Decision Memorandum can 

be found at http:// 

enforcement.trade.gov/frn/. The signed 

and the electronic versions of the 

Preliminary Decision Memorandum are 

identical in content. 

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. Pursuant to 

section 735(c)(5)(B) of the Act, if the 

estimated weighted-average dumping 

margins established for all exporters and 

producers individually examined are 

zero, de minimis or determined based 

entirely under section 776 of the Act, 

the Department may use any reasonable 

method to establish the estimated 

dumping margin for all other producers 

or exporters. 

Because we individually examined 

two companies in this investigation, 

basing the estimated dumping margin 

for the companies not individually 

examined on a weighted-average of the 

dumping margins for the two 

individually examined companies risks 

disclosure of business proprietary 

information (‘‘BPI’’). Therefore, we 

calculated both a weighted-average of 

the dumping margins calculated for the 

two mandatory respondents using 

public values for their sales of subject 

merchandise and a simple average of 

these two dumping margins, and 

selected, as the separate rate, the 

average that provides a more accurate 

proxy for the weighted-average margin 

of both companies calculated using BPI. 

For further discussion of this 

calculation, see memorandum entitled 

‘‘Calculation of the All Others Rate for 

the Preliminary Determination of the 

Antidumping Duty Investigation of 

Certain Steel Nails from the Republic of 

Korea,’’ dated concurrently with this 

notice. 

Preliminary Determination 

In accordance with section 

733(d)(1)(A)(i) of the Act, the 

Department calculated weighted-average 

dumping margins for the following 

individually investigated exporters or 

producers of subject merchandise: 

Daejin Steel 6 and Jinheung Steel. The 

Department preliminarily determines 

that the following weighted-average 

dumping margins exist during the 

period April 1, 2013, through March 31, 

2014: 

Producer or exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Daejin Steel .......................... 12.38 

Jinheung Steel Corporation .. 2.13 

All Others .............................. 7.26 

Disclosure and Public Comment 

We intend to disclose the calculations 

performed to parties in this proceeding 

within five days after the date of 

publication of this notice in accordance 

with 19 CFR 351.224(b). 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than seven days 

after the date on which the final 

verification report is issued in this 

proceeding. Rebuttal briefs, limited to 

issues raised in case briefs, may be 

submitted no later than five days after 

the deadline date for submitting case 

briefs.7 Pursuant to 19 CFR 

351.309(c)(2) and (d)(2), parties who 

submit case briefs or rebuttal briefs in 

this proceeding 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. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, or to participate if one is 

requested, must submit a written 

request to the Assistant Secretary for 

Enforcement and Compliance, U.S. 

Department of Commerce. All 

documents must be filed electronically 

using ACCESS. An electronically filed 

request must be received successfully in 

its entirety by ACCESS, by 5:00 p.m. 

Eastern Standard Time, within 30 days 

after the date of publication of this 

notice.8 Requests should contain the 

party’s name, address, and telephone 

number, the number of participants, and 

a list of the issues to be discussed. If a 

request for a hearing is made, the 

Department intends to hold the hearing 

at the U.S. Department of Commerce, 

14th Street and Constitution Avenue 

NW., Washington, DC 20230, at a time 

and date to be determined. Parties 

should confirm by telephone the date, 

time, and location of the hearing two 

days before the scheduled date. 

Verification 

As provided in section 782(i)(1) of the 

Act, the Department intends to verify 

the information submitted by Daejin 

Steel and Jinheung Steel and its 

affiliates prior to making a final 

determination in this investigation. 

Postponement of Final Determination 

and Extension of Provisional Measures 

Pursuant to section 735(a)(2) of the 

Act, Petitioner, Daejin Steel, and 

Jinheung Steel requested that the 

Department postpone the final 

determination. Additionally, Daejin 

Steel and Jinheung Steel requested to 

extend the application of the 

provisional measures prescribed under 

section 733(d) of the Act and 19 CFR 

351.210(e)(2), from a four-month period 

to a six-month period. Pursuant to 

requests from Petitioner, Daejin Steel, 

and Jinheung Steel and in accordance 

with section 735(a)(2)(A) of the Act and 

19 CFR 351.210(b)(2)(ii) and (e)(2), we 

will make our final determination no 

later than 135 days after the date of 

publication of this preliminary 

determination. 9 The suspension of 

liquidation described below will be 

extended accordingly.10

Suspension of Liquidation 

In accordance with section 733(d)(2) 

of the Act, we are directing U.S. 

Customs and Border Protection (‘‘CBP’’) 

to suspend liquidation of all entries of 

nails from Korea as described in the 

scope of the investigation section 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication of this notice in the Federal 

Register. 

Pursuant to section 733(d)(1)(B) of the 

Act and 19 CFR 351.205(d), we will 

instruct CBP to require a cash deposit 

equal to the weighted-average amount 

by which the NV exceeds EP, or CEP as 

indicated in the chart above.11 These 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Notices 78053 

Countervailing Duty Investigations, 76 FR 61042 

(October 3, 2011). 

12The 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. 

suspension of liquidation instructions 

will remain in effect until further notice. 

U.S. International Trade Commission 

(‘‘ITC’’) Notification 

In accordance with section 733(f) of 

the Act, we will notify the ITC of our 

preliminary affirmative determination of 

sales at LTFV. Because the preliminary 

determination in this proceeding is 

affirmative, section 735(b)(2) of the Act 

requires that the ITC make its final 

determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, by reason of imports of 

nails from Korea before the later of 120 

days after the date of this preliminary 

determination or 45 days after our final 

determination. Because we are 

postponing the deadline for our final 

determination to 135 days from the date 

of publication of this preliminary 

determination, as discussed above, the 

ITC will make its final determination no 

later than 45 days after our final 

determination. 

This determination is issued and 

published in accordance with sections 

733(f) and 777(i)(1) of the Act and 19 

CFR 351.205(c). 

Dated: December 17, 2014. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

Scope of Investigation 

The merchandise covered by this 

investigation is certain steel nails having a 

nominal shaft length not exceeding 12 

inches.12 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 

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 this 

investigation 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 

this investigation 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 this investigation is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Investigation 

IV. Postponement of Preliminary 

Determination 

V. Postponement of Final Determination and 

Extension of Provisional Measures 

VI. Scope of the Investigation 

VII. Scope Comment 

VIII. Respondent Selection 

IX. Discussion of Methodology 

A. Fair Value Comparisons 

(1) Determination of the Comparison 

Method 

(2) Results of the Differential Pricing 

Analysis 

X. Product Comparisons 

XI. Date of Sale 

XII. Affiliation 

XIII. Export Price/Constructed Export Price 

XIV. Normal Value 

Daejin Steel 

A. Comparison-Market Viability 

B. Calculation of Normal Value Based on 

Constructed Value 

Jinheung Steel 

A. Home Market Viability 

B. Affiliated Party Transactions and Arm’sLength Test 

C. Level of Trade 

D. Cost of Production 

E. Calculation of Normal Value Based on 

Comparison Market Prices 

XV. Currency Conversion 

XVI. U.S. International Trade Commission 

Notification 

XVII. Disclosure and Public Comment 

XVIII. Verification 

XIX. Conclusion 

[FR Doc. 2014–30432 Filed 12–24–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–583–854] 

Certain Steel Nails From Taiwan: 

Negative Preliminary Determination of 

Sales at Less Than Fair Value and 

Postponement of Final Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

ACTION: Notice. 

SUMMARY: The Department of Commerce 

(Department) preliminarily determines 

that certain steel nails from Taiwan are 

not being, or are not likely to be, sold 

in the United States at less than fair 

value (LTFV), as provided in section 

733(b) of the Tariff Act of 1930, as 

amended (the Act). The period of 

investigation is April 1, 2013, through 

March 31, 2014. The estimated 

weighted-average dumping margins are 

shown in the ‘‘Preliminary 

Determination’’ section of this notice. In 

response to a request from Mid 

Continent Steel & Wire, Inc. (petitioner) 

we are postponing the final 

determination. The final determination 

will be issued 135 days after the 

publication of this preliminary 

determination in the Federal Register. 

We invite interested parties to comment 

on the preliminary determination. 

DATES: Effective Date: December 29, 

2014. 


tkelley on DSK3SPTVN1PROD with NOTICES