Collated Roofing Nails From Taiwan: Final Results of Antidumping Administrative Review

Federal RegisterNov 30, 1999

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-826]

Collated Roofing Nails From Taiwan: Final Results of Antidumping

Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of antidumping duty administrative

review.

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SUMMARY: On August 10, 1999, the Department of Commerce published the

preliminary results of the administrative review of the antidumping

duty order on collated roofing nails from Taiwan (64 FR 4334). This

review covers Dinsen Fastening System, Inc, a manufacturer/exporter of

the subject merchandise to the United States, and the period November

20, 1997, through October 31, 1998. We conducted a verification of

Dinsen Fastening System, Inc.'s antidumping duty questionnaire

responses and gave interested parties an opportunity to comment on the

preliminary results. No parties filed comments on the preliminary

results. We have revised our margin calculation to correct an error in

the verification report that was brought to our attention by the

respondent on July 30, 1999. However, the correction did not change the

final margin results from the preliminary margin results. The final

results are listed below in the ``Final Results of Review'' section of

this notice.

EFFECTIVE DATE: November 30, 1999.

FOR FURTHER INFORMATION CONTACT: Mary Jenkins or Katherine Johnson,

Office 2, AD/CVD Enforcement Group I, Import Administration, Room B099,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W., Washington D.C. 20230; telephone

(202) 482-1756, or 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

On August 10, 1999, the Department of Commerce (``the Department'')

published in the Federal Register the preliminary results of the 1997-

1998 administrative review of the antidumping duty order on collated

roofing nails from Taiwan (64 FR 43344) (Preliminary Results). We

conducted verification of Dinsen Fastening System, Inc's, (``Dinsen'')

antidumping duty questionnaire responses from June 1, 1999, through

June 4, 1999, and issued

[[Page 66883]]

our report on July 6, 1999 (see Memorandum to the File: Sales and Cost

of Production Verification). On July 30, 1999, Dinsen (``the

respondent''), informed the Department of an error made with respect to

Dinsen's threading cost for one control number in connection with the

Department's verification of its sales and cost questionnaire response.

While this submission was received too late to be analyzed for the

preliminary results, we have considered it for purposes of these final

results.

The Department has now completed its administrative review in

accordance with section 751 of the Tariff Act of 1930, as amended (the

Act).

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the Act are references

to the provisions effective January 1, 1995, the effective date of the

amendments made to the Act by the Uruguay Round Agreements Act (URAA).

In addition, unless otherwise indicated, all citations to the

Department's regulations are to the regulations at 19 CFR Part 351

(1998).

Scope of the Review

The product covered by this review is collated roofing nails made

of steel, having a length of \13/16\ inch to 1\13/16\ inches (or 20.64

to 46.04 millimeters), a head diameter of 0.330 inch to 0.415 inch (or

8.38 to 10.54 millimeters), and a shank diameter of 0.100 inch to 0.125

inch (or 2.54 to 3.18 millimeters), whether or not galvanized, that are

collated with two wires.1

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\1\ On September 2, 1999, the Department made a final scope

ruling that the scope of the antidumping duty orders on collated

roofing nails from Taiwan and the People's Republic of China do not

include stainless steel collated roofing nails.

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Collated roofing nails within the scope of this investigation are

classifiable under the Harmonized Tariff Schedule of the United States

(``HTSUS'') subheading 7317.00.55.06. Although the HTSUS subheading is

provided for convenience and customs purposes, our written description

of the scope of this review is dispositive.

Changes Since the Preliminary Results

We made the following change since the preliminary results: We

deleted the adjustment made to Dinsen's threading cost for one control

number to correct the per-kilogram threading cost, as described in

Dinsen's July 30, 1999, submission.

Interested Party Comments

Interested parties did not file briefs in this review.

Final Results of the Review

As a result of this review, we have determined that the following

margin exists for the period November 20, 1997, through October 31,

1998:

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Manufacturer/exporter Period Margin (percent)

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Dinsen Fastening System, Inc......... 11/20/97-10/31/98 0.02 percent (de minimis).

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The Department shall determine, and the U.S. Customs Service shall

assess, antidumping duties on all appropriate entries. Because the

respondent was unable to report importer-specific data, as facts

available, we have calculated assessment rates based on the identity of

the trading company involved in the sales transaction. We have

calculated an assessment rate, based on the ratio of the total amount

of antidumping duties calculated for the examined sales to the total

quantity of those same sales. This rate will be assessed uniformly on

all entries of that particular trading company made during the period

of review (``POR''). The Department will issue appraisement

instructions directly to the Customs Service. In accordance with 19 CFR

351.106(c)(2), we will instruct the Customs Service to liquidate

without regard to antidumping duties all entries of the subject

merchandise during the POR for which the trading-company-specific

assessment rate is zero or de minimis (i.e., less than 0.50 percent).

Further, the following deposit requirements shall be effective for

all shipments of the subject merchandise from Taiwan that are entered,

or withdrawn from warehouse, for consumption on or after the

publication date of the final results of this administrative review, as

provided for by section 751(a)(1) of the Act: (1) the cash deposit rate

for Dinsen will be zero; (2) for previously investigated companies not

listed above, the cash deposit rate will continue to be the company-

specific rate published for the most recent period; (3) if the exporter

is not a firm covered in this review, or the original investigation,

but the manufacturer is, the cash deposit rate will be the rate

established for the most recent period for the manufacturer of the

merchandise; and (4) the cash deposit rate for all other manufacturers

or exporters of this merchandise will continue to be 2.98 percent, the

all others rate established in the final determination of the less-

than-fair-value investigation (52 FR 61729, November 19, 1997). The

deposit requirements, when imposed, shall remain in effect until

publication of the final results of the next administrative review.

This notice serves as a final reminder to importers of their

responsibility under 19 CFR 351.402(f) to file a certificate regarding

the reimbursement of antidumping duties prior to liquidation of the

relevant entries during this review period. Failure to comply with this

requirement could result in the Secretary's presumption that

reimbursement of antidumping duties occurred and the subsequent

assessment of double antidumping duties.

This notice serves as the only 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 353.34(d). Timely written notification of

return/destruction of APO materials or conversion to judicial

protective order is hereby requested. Failure to comply with the

regulation and the terms of an APO is a sanctionable violation.

This administrative review and notice are issued and published in

accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR

351.221.

Dated: November 19, 1999.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 99-31099 Filed 11-29-99; 8:45 am]

BILLING CODE 3510-DS-P

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