[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Notices]
[Pages 75871-75872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31061]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China: Final
Rescission of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is currently
conducting a new shipper review (``NSR'') of the antidumping duty order
on certain steel nails (``nails'') from the People's Republic of China
(``PRC''). On September 12, 2011, we published in the Federal Register
our preliminary notice to rescind the NSR with respect to Shanghai
Colour \1\ on the basis that its sale to the United States did not
constitute a bona fide transaction.\2\ Because we received no comments
or new information after the publication of our intent to rescind this
NSR, we have made no changes to our preliminary decision. Therefore, we
have determined that this NSR should be rescinded.
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\1\ Shanghai Colour Nail Co., Ltd. (aka, Shanghai Colour Nail
Import & Export Co., Ltd.), and Wuxi Colour Nail Co., Ltd.
(collectively ``Shanghai Colour'').
\2\ See Certain Steel Nails From the People's Republic of China:
Preliminary Results and Preliminary Rescission, in Part, of the
Antidumping Duty Administrative Review and Preliminary Intent To
Rescind New Shipper Review, 76 FR 56147, 56148 (September 12, 2011).
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DATES: Effective Date: December 5, 2011.
FOR FURTHER INFORMATION CONTACT: Ricardo Martinez Rivera, AD/CVD
Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4532.
SUPPLEMENTARY INFORMATION:
Background
On August 31, 2011,\3\ the Department preliminarily rescinded this
NSR because we determined that Shanghai Colour's single sale to the
United States was not a bona fide transaction. On September 19, 2011,
the Department received a letter from Shanghai Colour stating that it
no longer intended to continue participating in the NSR.\4\
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\3\ On August 31, 2011, the Department released the preliminary
notice to interested parties. However, the Department was not able
to publish this notice in the Federal Register until September 12,
2011, because of issues related to the Department's transition into
IA Access, an electronic record management system. See Antidumping
and Countervailing Duty Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR 39263 (July 6,
2011).
\4\ See Letter to the Secretary of Commerce: Notice to Withdraw
from Representation, from Shanghai Colour, dated September 19, 2011.
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Scope of Order
The merchandise covered by the order 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 hot dipping one or more times),
[[Page 75872]]
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 proceeding 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. Finished nails may be sold in bulk, or
they may be collated into strips or coils using materials such as
plastic, paper, or wire. Certain steel nails subject to this proceeding
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 are steel roofing nails of all lengths and
diameter, whether collated or in bulk, and whether or not galvanized.
Steel roofing nails are specifically enumerated and identified in ASTM
Standard F 1667 (2005 revision) as Type I, Style 20 nails. Also
excluded from the scope are the following steel nails: (1) Non-collated
(i.e., hand-driven 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; and 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; (2) Non-collated (i.e., hand-driven 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; (3) 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; and (4) Non-collated (i.e., hand-driven
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.\5\
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\5\ As the result of a changed circumstances review, the
Department partially revoked the order with respect to these four
specific types of steel nails, effective August 1, 2009. See Certain
Steel Nails from the People's Republic of China: Final Results of
Antidumping Duty Changed Circumstances Review, 76 FR 30101 (May 24,
2011).
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Also excluded from the scope of this proceeding are corrugated
nails. A corrugated nail is made of a small strip of corrugated steel
with sharp points on one side. Also excluded from the scope of this
proceeding are 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. Also excluded from the scope of this
proceeding are thumb tacks, which are currently classified under HTSUS
7317.00.10.00.
Also excluded from the scope of this proceeding are certain brads
and finish 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. Also excluded
from the scope of this proceeding are 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 proceeding is dispositive.
Period of Review
The period of review (``POR'') is August 1, 2009, through August 5,
2010.
Final Rescission of Review
As discussed in the memorandum regarding the bona fide sales
analysis, the Department has determined that Shanghai Colour's single
sale to the United States does not constitute a bona fide sale.\6\ The
Department also placed on the record and considered other relevant
information indicating that Shanghai Colour may not be eligible for an
NSR, and provided Shanghai Colour an opportunity to respond to that
information.\7\ Shanghai Colour did not respond to or rebut this
information. Therefore, for the reasons stated above, we are rescinding
this NSR. As the Department is rescinding this NSR, we are not
calculating a company-specific rate for Shanghai Colour; it will remain
part of the PRC-wide entity.
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\6\ See Memorandum to James C. Doyle, Office 9, Director,
through Matthew Renkey, Office 9, Acting Program Manager, from
Ricardo Martinez Rivera, International Trade Compliance Analyst,
Certain Steel Nails from the People's Republic of China: Bona Fide
Nature of the Sale under Review for Shanghai Colour, dated August
31, 2011.
\7\ See Memorandum to the File, through Matthew Renkey, Office
9, Acting Program Manager, from Ricardo Martinez Rivera,
International Trade Compliance Analyst, Certain Steel Nails from the
People's Republic of China: Consideration of Additional Factual
Information, dated August 31, 2011.
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Changes Since the Preliminary Results
We have made no changes to our preliminary decision to rescind the
NSR of Shanghai Colour. While the Department normally issues a separate
Issues and Decision Memorandum, which accompanies a final results/
rescission notice published in the Federal Register, we have not done
so here because we received no comments since publication of our
preliminary intent to rescind.
Assessment of Antidumping Duties
Because the Department is rescinding this review, a cash deposit of
118.04 percent ad valorem,\8\ shall be collected for any entries
produced or exported by Shanghai Colour. The Department intends to
issue appropriate assessment instructions directly to CBP after 15 days
from the publication of the final results of the second antidumping
duty review of steel nails from the PRC.
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\8\ See Notice of Antidumping Order: Certain Steel Nails from
the People's Republic of China, 73 FR 44961, 44963 (August 1, 2008).
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Notification to Interested Parties
This notice serves as the 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 in the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
This notice is published in accordance with sections 751(a)(2)(B)
and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.214(f)(3).
Dated: November 21, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-31061 Filed 12-2-11; 8:45 am]
BILLING CODE 3510-DS-P