[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Notices]
[Pages 19316-19319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07829]
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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 the Fourth Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') published its
[[Page 19317]]
Preliminary Results of the fourth administrative review of the
antidumping duty order on certain steel nails from the People's
Republic of China (``PRC'') on September 16, 2013.\1\ The period of
review (``POR'') is August 1, 2011, through July 31, 2012. We gave
interested parties an opportunity to comment on the Preliminary
Results. Based upon our analysis of the comments 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 of the Fourth Antidumping Duty Administrative
Review, 78 FR 56861 (September 16, 2013) (``Preliminary Results'').
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DATES: Effective Date: April 8, 2014.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Matthew Renkey,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2243 or (202) 482-2312, respectively.
SUPPLEMENTARY INFORMATION:
Background
After the Preliminary Results, parties submitted surrogate value
(``SV'') comments and rebuttal comments on October 31, 2013, and
November 12, 2013, respectively. Parties also submitted case and
rebuttal briefs on issues not relating to JISCO \2\ on December 18,
2013, and December 23, 2013, respectively. Between January 6, 2014, and
January 11, 2014, we conducted a verification of JISCO and subsequently
issued our verification report.\3\
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\2\ Qingdao JISCO Co., Ltd. and ECO System Corporation (d/b/a
JISCO Corporation) (collectively, ``JISCO'')
\3\ See Memorandum to the File, from Javier Barrientos, Senior
Case Analyst, Office V, and Susan Pulongbarit, Senior Case Analyst,
Office V, ``Verification of the Sales and Factors of Production of
Qingdao JISCO Co., Ltd.; JISCO Corporation & ECO System Co., Ltd
(collectively, ``JISCO'') in the Antidumping Duty Review of Certain
Steel Nails from the People's Republic of China (``PRC''),'' dated
February 19, 2014.
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As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\4\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day.\5\ On January 23, 2014, the Department extended the
deadline in this proceeding by 60 days.\6\ The revised deadline for the
final results of this review is now March 31, 2014.
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\4\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for the Enforcement and Compliance, ``Deadlines Affected
by the Shutdown of the Federal Government'' (October 18, 2013).
\5\ See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, as Amended, 70 FR 24533, 24533 (May 10,
2005).
\6\ See Memorandum to Gary Taverman, ``Certain Steel Nails from
the People's Republic of China: Extension of Deadline for Final
Results of the Fourth Antidumping Duty Administrative Review,''
dated January 23, 2014.
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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.
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 Fourth 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, which is hereby
adopted by this Notice. A list of the issues which parties raised is
attached to this notice as an Appendix. 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 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 in the CRU. In addition, a complete version of
the Issues and Decision Memorandum can be accessed directly on the
internet at http://trade.gov/enforcement/frn/index.html. The signed
Issues and Decision Memorandum and the electronic versions of the
Issues and Decision Memorandum are identical in content.
Determination of No Reviewable Transactions
In the Preliminary Results, the Department determined that nine
companies had no shipments of subject merchandise to the United States
during the POR.\7\ As we stated in the Preliminary Results, based on
contrary information from U.S. Customs and Border Protection (``CBP'')
regarding CPI's and Mingguang Abundant's no shipments claims, we issued
supplemental questionnaires to these two companies. CPI responded to
our supplemental questionnaire,\8\ while Mingguang Abundant did not.\9\
The Department continues to find that CPI had no shipments during the
POR, and addresses this issue in further detail in Comment 10 of the
Issues and Decision Memorandum. Because Mingguang Abundant did not
respond to our supplemental questionnaire to address evidence contrary
to its no shipments claim, and because it did not submit a separate
rate application or certification, we are treating it as part of the
PRC-wide entity for the final results of this review, and this issue is
addressed in further detail in Comment 11 of the Issues and Decision
Memorandum. The Department did not receive any comments or information
which indicated that the other seven No Shipment Respondents made sales
of subject merchandise to the United States during the POR. Therefore,
consistent with the Department's refinement to its assessment practice
in nonmarket economy (``NME'') cases, the Department finds that it is
appropriate not to rescind the review in these circumstances, but,
rather, to complete the review with respect to these seven companies
and issue appropriate instructions to CBP based on the final results of
the review.\10\
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\7\ See Preliminary Results, 78 FR at 56861, and accompanying
Decision Memorandum at 3-4. These companies are: Besco Machinery
Industry (Zhejiang) Co., Ltd.; Certified Products International Inc.
(``CPI''); China Staple Enterprise (Tianjin) Co., Ltd. (``China
Staple''); Jining Huarong Hardware Products Co., Ltd.; Mingguang
Abundant Hardware Products Co., Ltd. (``Mingguang Abundant''); PT
Enterprise Inc.; Shanghai Jade Shuttle Hardware Tools Co., Ltd.;
Shanghai Tengyu Hardware Tools Co., Ltd.; and Shanxi Yuci Broad Wire
Products Co., Ltd., collectively ``No Shipment Respondents.''
\8\ See CPI's no shipments supplemental questionnaire response,
dated October 18, 2013.
\9\ See Memorandum to the File from Javier Barrientos, Senior
Case Analyst, ``Documentation of Non-Response to No Shipments
Supplemental Questionnaire,'' dated March 31, 2014.
\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``NME
Antidumping Proceedings'').
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[[Page 19318]]
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the margin calculations for the individually-reviewed
respondents, Stanley \11\ and JISCO.\12\ For a list of all issues
addressed in these final results, please refer to the Appendix
accompanying this notice.
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\11\ The Stanley Works (Langfang) Fastening Systems Co., Ltd.
(``Stanley Langfang''), and Stanley Black & Decker, Inc. (``SBD'')
(collectively, ``Stanley'').
\12\ See Stanley's Final Analysis Memorandum (``Stanley Final
Analysis Memo'') and JISCO's Final Analysis Memorandum (``JISCO
Final Analysis Memo''), both dated concurrently with this notice.
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Final Results of the Review
The final antidumping duty margins for the POR are as follows:
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Weighted-average
Exporter margin (percent)
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(1) Stanley......................................... 3.92
(2) JISCO........................................... 41.91
(3) Cana (Tianjin) Hardware Industrial Co., Ltd..... 10.42
(4) Chiieh Yung Metal Ind. Corp..................... 10.42
(5) Dezhou Hualude Hardware Products Co., Ltd....... 10.42
(6) Hebei Cangzhou New Century Foreign Trade Co., 10.42
Ltd................................................
(7) Huanghua Jinhai Hardware Products Co., Ltd...... 10.42
(8) Huanghua Xionghua Hardware Products Co., Ltd.... 10.42
(9) Nanjing Yuechang Hardware Co., Ltd.............. 10.42
(10) Qingdao D&L Group Ltd.......................... 10.42
(11) SDC International Australia Pty., Ltd.......... 10.42
(12) Shandong Dinglong Import & Export Co., Ltd..... 10.42
(13) Shandong Oriental Cherry Hardware Group Co., 10.42
Ltd................................................
(14) Shandong Oriental Cherry Hardware Import and 10.42
Export Co., Ltd....................................
(15) Shanghai Curvet Hardware Products Co., Ltd..... 10.42
(16) Shanghai Yueda Nails Industry Co., Ltd......... 10.42
(17) Shanxi Hairui Trade Co., Ltd................... 10.42
(18) Shanxi Pioneer Hardware Industrial Co., Ltd.... 10.42
(19) Shanxi Tianli Industries Co., Ltd.............. 10.42
(20) S-Mart (Tianjin) Technology Development Co., 10.42
Ltd................................................
(21) Suntec Industries Co., Ltd..................... 10.42
(22) Suzhou Xingya Nail Co., Ltd.................... 10.42
(23) Tianjin Jinchi Metal Products Co., Ltd......... 10.42
(24) Tianjin Jinghai County Hongli Industry & 10.42
Business Co., Ltd..................................
(25) Tianjin Lianda Group Co., Ltd.................. 10.42
(26) Tianjin Universal Machinery Imp & Exp 10.42
Corporation........................................
(27) Tianjin Zhonglian Metals Ware Co., Ltd......... 10.42
(28) Xi'an Metals & Minerals Import and Export Co., 10.42
Ltd................................................
(29) Zhejiang Gem-Chun Hardware Accessory Co., Ltd.. 10.42
PRC-Wide Rate \13\.................................. 118.04
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Assessment Rates
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\13\ See Appendix to the Issues and Decision Memorandum
accompanying this notice for a list of the companies receiving the
PRC-wide rate.
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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. For any individually examined respondent whose weighted-
average dumping margin is above de minimis (i.e., 0.50 percent), the
Department will calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for the
importer's examined sales and the total entered value of sales.\14\ We
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review when the importer-specific assessment
rate is above de minimis. Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
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For the 27 separate rate companies that were not selected for
individual review, we will assign an assessment rate based on the rate
we calculated for the mandatory respondents whose rates were 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.
The Department recently announced a refinement to its assessment
practice in NME cases.\15\ Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the NME-wide rate. In
addition, if the Department determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the NME-wide rate. For a full discussion of
[[Page 19319]]
this practice, see NME Antidumping Proceedings.
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\15\ See NME Antidumping Proceedings.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended
(``Act''): (1) For Stanley, JISCO, and the 27 separate rate companies,
the cash deposit rate will be that established in the final results of
this review; (2) for previously investigated or reviewed PRC and non-
PRC exporters that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the PRC-wide entity; 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 exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Disclosure
We intend to 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 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 31, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
General Issues
Comment 1: SV for Steel Wire Rod
Comment 2: Surrogate Financial Ratios
A. Selection of Surrogate Financial Companies
B. Adjustments to Ratios
Comment 3: SV for Welding Wire
Comment 4: Withdrawal of the Regulatory Provisions Governing
Targeted Dumping in Less-Than-Fair-Value Investigations
Comment 5: Consideration of an Alternative Comparison Method in
Administrative Reviews
Comment 6: The Average-to-Transaction Method and the Denial of
Offsets for Non-Dumped Sales
Comment 7: Differential Pricing Analysis
Comment 8: Whether the Department Properly Rejected Certain
Information in Stanley's Rebuttal SV Submission
Company-Specific Issues
Comment 9: Whether the Department Properly Accepted Certain
Information in One of Stanley's Supplemental Section C Responses
Comment 10: Correction of Errors in Stanley's Margin Calculation
A. VAT Tax Deduction
B. Movement Expenses
Comment 11: SV for Stanley's Plastic Beads
Comment 12: Whether to Include Certain of JISCO's Sales in the
Margin Calculation
Comment 13: Treatment of Entries Misattributed to CPI That Entered
under One of CPI's CBP Case Numbers
Comment 14: Treatment of Mingguang Abundant as Part of the PRC-Wide
Entity
Comment 15: Treatment of China Staple as a No Shipments Company
Rather than a Separate Rate Company
[FR Doc. 2014-07829 Filed 4-7-14; 8:45 am]
BILLING CODE 3510-DS-P