[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Pages 16651-16654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06173]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China; Final
Results of Third Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published its
Preliminary Results of the antidumping duty order on certain steel
nails from the People's Republic of China (``PRC'') on September 4,
2012.\1\ The period of review (``POR'') is August 1, 2010, through July
31, 2011. We gave interested parties an opportunity to comment on the
Preliminary Results. Based upon our analysis of the comments and
information received, we made changes to the margin calculations for
these final results. The final dumping margins are listed below in the
``Final Results of the Review'' section of this notice.
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\1\ See Certain Steel Nails from the People's Republic of China:
Preliminary Results and Partial Rescission of the Third Antidumping
Duty Administrative Review, 77 FR 53845 (September 4, 2012)
(``Preliminary Results'').
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DATES: Effective Date: March 18, 2013.
FOR FURTHER INFORMATION CONTACT: Julia Hancock or Javier Barrientos,
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-
1394 or (202) 482-2243, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2012, the Department published the Preliminary
Results of this administrative review.\2\ The Department extended the
deadline based on requests from interested parties, once for submission
of case briefs and twice for rebuttal briefs.\3\ On September 24, 2012,
and October 2, 2012, interested parties submitted surrogate value
(``SV'') comments and SV rebuttal comments.\4,5\ On October 19, 2012,
Petitioner, Stanley, \6\ Hongli, \7\ and Itochu \8\ submitted case
briefs.\9\ On October 26, 2012, Petitioner, Stanley, Itochu, and Hongli
submitted rebuttal briefs.\10\
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\2\ See id.
\3\ See Memorandum for All Interested Parties, ``Antidumping
Administrative Review of Certain Steel Nails from the People's
Republic of China: Revised Case and Rebuttal Briefs Schedule,''
(September 13, 2012); see also, Memorandum to the File, Antidumping
Administrative Review of Certain Steel Nails from the People's
Republic of China: Revised Case and Rebuttal Briefs Schedule,
(October 26, 2012).
\4\ See ``Itochu Building Products Co., Inc. and Tianjin Jinghai
County Hongli Industry & Business Co., Ltd., (``GDLSK Respondents'')
Post-Preliminary Surrogate Value Submission: Third Antidumping Duty
Administrative Review of Certain Steel Nails from the People's
Republic of China,'' (September 24, 2012); ``Stanley's Certain Steel
Nails from the People's Republic of China, Third Administrative
Review; Post-Preliminary Results Surrogate Value Data,'' (September
24, 2012); and ``Mid-Continent Nail Corporation's (``Petitioner'')'s
Post-Preliminary Surrogate Value Submission,'' (September 24, 2012).
\5\ See ``GDLSK Respondents' Post-Preliminary Surrogate Value
Rebuttal Submission: Third Antidumping Duty Administrative Review of
Certain Steel Nails from the People's Republic of China,'' (October
2, 2012); ``Stanley's Certain Steel Nails from the People's Republic
of China, Third Administrative Review; Post-Preliminary Results
Rebuttal Surrogate Value Submission,'' (October 2, 2012); and
``Petitioner's Certain Steel Nails from the People's Republic of
China: Submission of Rebuttal Surrogate Value Information'' (October
2, 2012).
\6\ The Stanley Works (Langfang) Fastening Systems Co., Ltd.,
and Stanley Black & Decker, Inc. (collectively ``Stanley'').
\7\ Tianjin Jinhai County Hongli Industry & Business Co., Ltd.
(``Hongli'').
\8\ Itochu Building Products Co., Ltd. (``Itochu'').
\9\ See Stanley's Case Brief, (October 19, 2012); Itochu's and
Hongli's Case Brief, (October 19, 2012); and Petitioner's Case
Brief, (October 19, 2012).
\10\ See Petitioners' Rebuttal Brief, (October 26, 2012);
Stanley's Rebuttal Brief, (October 26, 2012); and Itochu's and
Hongli's Rebuttal Brief, (October 26, 2012).
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As explained in the memorandum from the Assistant Secretary for
Import Administration, the Department has exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 29 through October 30, 2012.\11\ Thus, all
deadlines in this segment of the proceeding have been extended by two
days.\12\ Additionally, on December 11, 2012, the Department extended
the deadline in this proceeding by 60 days.\13\ The revised deadline
for the final results of this review is now March 5, 2013.
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\11\ See Memorandum to the Record from Paul Piquado, Assistant
Secretary for Import Administration, regarding ``Tolling of
Administrative Deadlines as a Result of the Government Closure
During the Recent Hurricane; (October 31, 2012).
\12\ See Memorandum to the Record from Paul Piquado, AS for
Import Administration, regarding ``Tolling of Administrative
Deadlines as a Result of the Government Closure During the Recent
Hurricane Sandy''; (October 31, 2012).
\13\ See Memorandum to Christian Marsh, ``Certain Steel Nails
from the People's Republic of China: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review,'' dated December
11, 2012.
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Scope of the Order
The merchandise covered by the order includes certain steel nails
having a shaft length up to 12 inches. Certain steel nails subject to
the order are currently classified under the Harmonized Tariff Schedule
of the United States (``HTSUS'') subheadings 7317.00.55, 7317.00.65 and
7317.00.75. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of the order
is dispositive.\14\
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\14\ See Notice of Antidumping Duty Order: Certain Steel Nails
From the People's Republic of China, 73 FR 44961 (August 1, 2008).
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For a full description of the scope, see ``Certain Steel Nails from
the People's Republic of China: Issues and Decision Memorandum for the
Final Results of the Third Antidumping Duty Administrative Review,''
dated concurrently with this notice (``Issues and Decision
Memorandum'').
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the Issues and Decision Memorandum. A list of the issues
which parties raised is attached to this notice as Appendix I. The
Issues and Decision Memorandum is a public document and is on file in
the Central Records Unit (``CRU''), Room 7046 of the main Department of
Commerce building, as well as electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). IA ACCESS is available to
registered users at http://iaaccess.trade.gov and in the CRU. 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.
[[Page 16652]]
Final Partial Rescission
In the Preliminary Results, the Department preliminarily rescinded
the review with respect to 12 companies.\15\ These companies reported
that they had no shipments of subject merchandise to the United States
during the POR. As we stated in the Preliminary Results, our
examination of shipment data from U.S. Customs and Border Protection
(``CBP'') confirmed that there were no entries of subject merchandise
made by these companies during the POR.\16\ Subsequent to the
Preliminary Results, the Department did not receive any comments or
information which indicated that these twelve companies made sales of
subject merchandise to the United States during the POR. Therefore,
pursuant to 19 CFR 351.213(d)(3), we are rescinding the administrative
review with respect to these 12 companies.
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\15\ These companies include: (1) Jining Huarong Hardware
Products Co., Ltd.; (2) Chiieh Yung Metal Ind. Corp.; (3) CYM
(Nanjing) Nail Manufacture Co., Ltd.; (4) Qidong Liang Chyuan Metal
Industry Co., Ltd.; (5) Certified Products International Inc.
(``CPI''); (6) Besco Machinery Industry (Zhejiang) Co., Ltd.; (7)
China Staple Enterprise (Tianjin) Co., Ltd.; (8) Zhejiang Gem-Chun
Hardware Accessory Co., Ltd.; (9) PT Enterprise Inc.; (10) Shanxi
Yuci Broad Wire Products Co., Ltd.; (11) Hengshui Mingyao Hardware &
Mesh Products Co., Ltd. (``Hengshui Mingyao''); and, (12) Union
Enterprise (Kunshan) Co., Ltd, collectively ``No Shipment
Respondents.''
\16\ See Preliminary Results, 77 FR at 53846.
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have made
certain revisions to the margin calculations for Stanley and Hongli.
For the reasons explained in the Issues and Decision Memorandum at
Comment 1, we have now selected Thailand as the primary surrogate
country.17 18
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\17\ See Issues and Decision Memorandum and the company-specific
analysis memoranda. See Memorandum to the File, ``Analysis for the
Final Results of the Third Administrative Review of Certain Steel
Nails from the People's Republic of China: Stanley'', (March 5,
2012); See Memorandum to the File, ``Analysis for the Final Results
of the Third Administrative Review of Certain Steel Nails from the
People's Republic of China: Hongli,'' (March 5, 2012).
\18\ See Memorandum to the File, ``Certain Steel Nails from the
People's Republic of China: Surrogate Values for the Final
Results,'' (March 5, 2013) (``Surrogate Values Memorandum'').
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Non-Market Economy Country
The PRC has been treated as a non-market economy (``NME'') in every
proceeding conducted by the Department. In accordance with section
771(18)(C)(i) of the Act, any determination that a foreign country is
an NME shall remain in effect until revoked by the administering
authority. The Department has not revoked the PRC's status as an NME
and, accordingly, applied the NME methodology.
Separate Rates
In our Preliminary Results, we determined that nineteen companies.
\19\ including Stanley and Hongli, met the criteria for separate rate
status.\20\ We have not received any information since the issuance of
the Preliminary Results that provides a basis for reconsideration of
these determinations. Therefore, the Department continues to find that
the companies listed above meet the criteria for a separate rate.
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\19\ These companies include: Cana (Tianjin) Hardware Industrial
Co., Ltd.; Shanghai Curvet Hardware Products Co., Ltd.; Huanghua
Jinhai Hardware Products Co., Ltd.; Shanxi Tianli Industries Co.,
Ltd.; Shanghai Jade Shuttle Hardware Tools Co., Ltd.; Shandong
Dinglong Import & Export Co., Ltd.; Tianjin Jinchi Metal Products
Co., Ltd.; Huanghua Xionghua Hardware Products Co., Ltd.; Tianjin
Zonglian Metals Ware Co., Ltd.; Shanghai Yueda Nails Industry Co.,
Ltd.; Hebei Cangzhou New Century Foreign Trade Co., Ltd.; Zhaoqing
Harvest Nails Co., Ltd.; Mingguang Abundant Hardware Products Co.,
Ltd.; Nanjing Yuechang Hardware Co., Ltd.; S-Mart (Tianjin)
Technology Development Co. Ltd.; SDC International Australia Pty.,
Ltd.; Shanxi Hairui Trade Co., Ltd.; Guangdong Foreign Trade Import
& Export Corporation; and Qingdao D&L Group Ltd.
\20\ See Preliminary Results, 77 FR at 53845.
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Rate for Non-Selected Companies
In the Preliminary Results, and consistent with the Department's
practice,\21\ we assigned the separate-rate companies a rate calculated
for the mandatory respondents whose rates were not zero, de minimis, or
based entirely on facts available.\22\ For the final results, we
continue to find this approach to be consistent with the intent of
section 735(c)(5)(A) of the Act and our use of section 735(c)(5)(A) of
the Act as guidance when we establish the rate for respondents not
examined individually in an administrative review.
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\21\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Final Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 73 FR 52273, 52275
(September 9, 2008) and accompanying Issues and Decision Memorandum
at Comment 6.
\22\ See, e.g., Fourth Administrative Review of Certain Frozen
Warmwater Shrimp From the People's Republic of China: Preliminary
Results, Preliminary Partial Rescission of Antidumping Duty
Administrative Review and Intent Not To Revoke, In Part, 75 FR
11855, 11859 (March 12, 2010).
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PRC-Wide Rate and PRC-Wide Entity
For the PRC-Wide Entity, the Department used the PRC-wide rate of
118.04 percent from the most recently completed administrative review
of this antidumping order.\23\ Because this rate is the same as the
PRC-Wide rate from previous reviews in this proceeding and nothing on
the record of the instant review calls into question the reliability of
the PRC-Wide rate, we find it appropriate to continue to apply the PRC-
Wide rate of 118.04 percent.\24\
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\23\ See Certain Steel Nails from the People's Republic of
China: Final Results and Final Partial Rescission of Second
Administrative Review, 77 FR 12556 (March 1, 2012).
\24\ See Administrative Review of Certain Frozen Warmwater
Shrimp From the People's Republic of China: Final Results and
Partial Rescission of Antidumping Duty Administrative Review, 76 FR
51940, 51942 (August 19, 2011) (where the Department used the PRC-
wide rate from the previous review).
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In the Preliminary Results, the Department determined that those
companies which did not demonstrate eligibility for a separate rate are
properly considered part of the PRC-Wide Entity. Since the Preliminary
Results, none of the companies which did not file separate-rate
applications or certifications submitted comments regarding these
findings. Therefore, we continue to treat these entities as part of the
PRC-Wide Entity. The following companies did not apply for separate
rates and are thus considered to be part of the PRC-Wide Entity:
(1) Aironware (Shanghai) Co., Ltd.
(2) Beijing Hong Sheng Metal Products Co., Ltd.
(3) Beijing Hongsheng Metal Products Co., Ltd.
(4) Dagang Zhitong Metal Products Co., Ltd.
(5) Faithful Engineering Products Co., Ltd.
(6) Hebei Minmetals Co., Ltd.\25\
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\25\ Hebei, submitted an untimely no shipment certification that
the Department has rejected. Therefore, this company is considered
to be part of the PRC-Wide Entity. See Preliminary Results, 77 FR at
53846. See also letter to Hebei, ``Certain Steel Nails from the
People's Republic of China (``PRC''): Rejection of Untimely
Certification of No Shipments,'' dated July 16, 2012.
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(7) Hong Kong Yu Xi Co., Ltd.
(8) Huanghua Shenghua Hardware Manufactory Factory
(9) Huanghua Xinda Nail Production Co., Ltd.
(10) Huanghua Yuftai Hardware Products Co., Ltd.
(11) Senco-Xingya Metal Products (Taicang) Co., Ltd.
(12) Shanghai Seti Enterprise International Co., Ltd.
(13) Shanghai Tengyu Hardware Tools Co., Ltd.
(14) Shanxi Tianli Enterprise Co., Ltd.
(15) Shaoxing Chengye Metal Producting Co., Ltd.
(16) Shouguang Meiqing Nail Industry Co., Ltd.
(17) Suntec Industries Co., Ltd.
[[Page 16653]]
(18) Suzhou Xingya Nail Co., Ltd.
(19) Suzhou Yaotian Metal Products Co., Ltd.
(20) Shandex Industrial Inc.
(21) Tianjin Chentai International Trading Co., Ltd.
(22) Tianjin Jurun Metal Products Co., Ltd.
(23) Tianjin Xiantong Material & Trade Co., Ltd.
(24) Tradex Group, Inc.
(25) Wintime Import & Export Corporation Limited of Zhongshan
(26) Wuhu Shijie Hardware Co., Ltd.
(27) Wuhu Sin Lan De Industrial Co., Ltd.
(28) Wuxi Chengye Metal Products Co., Ltd.
(29) Xuzhou CIP International Group Co., Ltd.
(30) Yitian Nanjing Hardware Co., Ltd.
Final Results of the Review
The dumping margins for the POR are as follows:
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Weighted average
Manufacturer/exporter margin (percent)
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(1) The Stanley Works (Langfang) Fastening Systems 0.00
Co., Ltd. and Stanley Black & Decker...............
(2) Tianjin Jinghai County Hongli Industry and 33.40
Business Co., Ltd. (``Hongli'')....................
(3) Certified Products International Inc............ 33.40
(4) Cana (Tianjin) Hardware Industrial Co., Ltd..... 33.40
(5) Shanghai Curvet Hardware Products Co., Ltd...... 33.40
(6) Huanghua Jinhai Hardware Products Co., Ltd...... 33.40
(7) Shanxi Tianli Industries Co., Ltd............... 33.40
(8) Shanghai Jade Shuttle Hardware Tools Co., Ltd... 33.40
(9) Shandong Dinglong Import & Export Co., Ltd...... 33.40
(10) China Staple Enterprise (Tianjin) Co., Ltd..... 33.40
(11) Tianjin Jinchi Metal Products Co., Ltd......... 33.40
(12) Huanghua Xionghua Hardware Products Co., Ltd... 33.40
(13) Tainjin Zhonglian Metals Ware Co., Ltd......... 33.40
(14) Shanghai Yueda Nails Industry Co., Ltd......... 33.40
(15) Hebie Cangzhou New Century Foreign Trade Co., 33.40
Ltd................................................
(16) Zhaoqing Harvest Nails Co., Ltd................ 33.40
(17) Mingguan Abundant Hardware Products Co., Ltd... 33.40
(18) Nanjing Yuechang Hardware Co., Ltd............. 33.40
(19) S-Mart (Tianjin) Technology Development Co., 33.40
Ltd................................................
(20) SDC International Australia Pty., Ltd.......... 33.40
(21) Shanxi Hairui Trade Co., Ltd................... 33.40
(22) Guangdong Foreign Trade Import & Export 33.40
Corporation........................................
(23) Qingdao D&L Group Ltd.......................... 33.40
PRC-Wide Rate....................................... 118.04
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Assessment Rates
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review. The
Department intends to issue assessment instructions to CBP 15 days
after the publication date of these final results of this review. In
accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or
customer-) specific assessment rates for the merchandise subject to
this review. In these preliminary results, the Department applied the
assessment rate calculation method adopted in Final Modification for
Reviews, i.e., on the basis of monthly average-to-average comparisons
using only the transactions associated with that importer with offsets
being provided for non-dumped comparisons.\26\ Where the respondent has
reported reliable entered values, we calculate importer- (or customer-)
specific ad valorem rates by aggregating the dumping margins calculated
for all U.S. sales to each importer (or customer) and dividing this
amount by the total entered value of the sales to each importer (or
customer). Where an importer- (or customer-) specific ad valorem rate
is greater than de minimis, we will apply the assessment rate to the
entered value of the importers'/customers' entries during the POR,
pursuant to 19 CFR 351.212(b)(1).
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\26\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012)
(``Final Modifications for Reviews'').
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Where we do not have entered values for all U.S. sales to a
particular importer/customer, we calculate a per-unit assessment rate
by aggregating the antidumping duties due for all U.S. sales to that
importer (or customer) and dividing this amount by the total quantity
sold to that importer (or customer).\27\ To determine whether the duty
assessment rates are de minimis, in accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we calculated importer- (or customer-)
specific ad valorem ratios based on the estimated entered value. Where
an importer- (or customer-) specific ad valorem rate is zero or de
minimis, we will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\28\
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\27\ See 19 CFR 351.212(b)(1).
\28\ See 19 CFR 351.106(c)(2).
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For the companies receiving a separate rate that were not selected
for individual review, we will assign an assessment rate based on the
rate we calculated for the mandatory respondent whose rate was not de
minimis, as discussed above. We intend to instruct CBP to liquidate
entries containing subject merchandise exported by the PRC-wide entity
at the PRC-wide rate. Finally, for those companies for which this
review has been rescinded, the Department intends to assess antidumping
duties at rates equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(2).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for
[[Page 16654]]
consumption on or after the publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For the exporters listed above,
the cash deposit rate will be the rate established in the final results
of review (except, if the rate is zero or de minimis, i.e., less than
0.5 percent, a zero cash deposit rate will be required for that
company); (2) for previously investigated or reviewed PRC and non-PRC
exporters not listed above that have a separate rate, the cash deposit
rate will continue to be the exporter-specific rate published for the
most recent period; (3) for all PRC exporters of subject merchandise
which have not been found to be entitled to a separate rate, the cash
deposit rate will be the PRC-wide rate of 118.04 percent; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporters that supplied that non-PRC exporter. The deposit
requirements, when imposed, shall remain in effect until further
notice.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also 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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: March 5, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--Issues and Decision Memorandum
General Issues
Comment 1: Selection of Surrogate Country
A. Economic Comparability
B. Significant Producer
C. Reliability of Data from Ukraine
D. Data Considerations
a. Parties' Contentions: Surrogate Financial Ratios
b. Parties' Contentions: Steel Plate
c. Parties' Contentions: Steel Wire Rod
d. Parties' Contentions: Labor
Comment 2: Calculation Adjustments to the Surrogate Financial
Ratios
A. L.S. Industry
B. Bangkok Fastening
Comment 3: Miscellaneous Surrogate Values
A. Hot-Dipped Galvanized Wire
B. Metal Dies
C. Zinc Chloride
D. Sodium Chloride
E. Sodium Sulfate
F. Ammonium Citrate
G. Plastic Quick Lock Tags
H. Volatile Anti-Corrosion Paper
I. Borax Powder
J. Chemical-based Nail Coating
K. Glass Balls
L. Hydrochloric Acid
M. Sodium Bicarbonate
N. Trisodium Phosphate
O. Corrugated Cardboard Tray
P. Plastic Core
Q. Plastic Strapping
R. Brokerage and Handling
Respondent-Specific Issues
Comment 4: Valuation of Hongli's Dies
Comment 5: Application of Partial Adverse Facts Available To
Hongli's Factors of Production(``Fop'')
Comment 6: Reporting of Stanley's Movement Costs
Comment 7: Stanley's Inland Freight
[FR Doc. 2013-06173 Filed 3-15-13; 8:45 am]
BILLING CODE 3510-DS-P