Notice2022-09927
Certain Steel Nails From the People's Republic of China; 2020-2021: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020-2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that eleven companies subject to this review had no shipments of certain steel nails (nails) from the People's Republic of China (China) during the period of review (POR) August 1, 2020, through July 31, 2021. Commerce also preliminarily determines that no company subject to this review established its eligibility for a separate rate and all entries of subject merchandise during the POR will be subject to the China-wide entity rate. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 89 (Monday, May 9, 2022)</title>
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[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Notices]
[Pages 27564-27567]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09927]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China; 2020-
2021: Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
[[Page 27565]]
that eleven companies subject to this review had no shipments of
certain steel nails (nails) from the People's Republic of China (China)
during the period of review (POR) August 1, 2020, through July 31,
2021. Commerce also preliminarily determines that no company subject to
this review established its eligibility for a separate rate and all
entries of subject merchandise during the POR will be subject to the
China-wide entity rate. We invite interested parties to comment on
these preliminary results.
DATES: Applicable May 9, 2022.
FOR FURTHER INFORMATION CONTACT: William Horn or Zachariah Hall, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4868 or (202)
482-6261, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2008, Commerce published the antidumping duty order on
nails from China.\1\ On August 2, 2021, we published a notice of
opportunity for interested parties to request that Commerce conduct an
administrative review of the Order.\2\ On August 31, 2021, Commerce
received requests for an administrative review from Mid Continent Steel
& Wire, Inc. (the petitioner), and from Tianjin Jinchi Metal Products
Co., Ltd. (Tianjin Jinchi), Shanghai Yueda Nails Industry Co. (Shanghai
Yueda), and Tianjin Jinghai County Hongli Industry & Business Co.
(Tianjin Jinghai) (collectively, foreign interested parties).\3\
Commerce published the initiation of this administrative review on
October 7, 2021.\4\ The POR is August 1, 2020, through July 31, 2021.
After publication of the Initiation Notice, Shanghai Yueda withdrew its
participation in this administrative review.\5\ No company submitted a
separate rate application or certification to establish its eligibility
for a separate rate.
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\1\ See Notice of Antidumping Duty Order: Certain Steel Nails
from the People's Republic of China, 73 FR 44961 (August 1, 2008)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 41436 (August 2, 2021).
\3\ See Petitioner's Letter, ``Certain Steel Nails from China--
Request for Administrative Review,'' dated August 31, 2021, at 1-2;
see also Foreign Interested Parties' Letter, ``Request for
Administrative Review of the Antidumping Duty Order on Certain Steel
Nails from the People's Republic of China, A-570-909 (POR 8/1/20-7/
31/21),'' dated August 31, 2021, at 1-2.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021) (Initiation
Notice).
\5\ See Shanghai Yueda's Letter, ``Shanghai Yueda Notice of
Withdrawal from the Review: Thirteenth Administrative Review of the
Antidumping Duty Order on Certain Steel Nails from the People's
Republic of China (A-570-909),'' dated November 8, 2021.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics included in the Preliminary Decision Memorandum is
included as Appendix I to this notice.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Certain Steel
Nails from the People's Republic of China; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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The Preliminary Decision Memorandum is a public document and is on
file electronically via the Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the internet at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Scope of the Order
The products covered by the Order are nails from China. A full
description of the scope of the Order is contained in the Preliminary
Decision Memorandum.
Preliminary Determination of No Shipments
Thirteen companies submitted no shipment certifications. Based on
our analysis of U.S. Customs and Border Protection (CBP) information
and information provided by companies subject to this review, Commerce
preliminarily determines that 11 companies had no shipments of subject
merchandise during the POR.\7\ Additionally, two of these companies,
Dezhou Hualude Hardware Products Co., Ltd. (Dezhou Hualude) and Tianjin
Zhonglian Metals Ware Co., Ltd. (Tianjin Zhonglian) failed to support
their claim of no shipments during the POR. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
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\7\ The companies that we preliminarily determine had no
shipments during the POR are: Hebei Minmetals Co., Ltd.; Nanjing
Caiqing Hardware Co., Ltd.; Nanjing Yuechang Hardware Co., Ltd.;
Shandong Qingyun Hongyi Hardware Products Co., Ltd.; Shanxi Hairui
Trade Co., Ltd.; Shanxi Pioneer Hardware Industrial Co., Ltd.; S-
Mart (Tianjin) Technology Development Co., Ltd.; Suntec Industries
Co., Ltd.; Tianjin Jinchi Metal Products Co., Ltd.; Tianjin Jinghai
County Hongli Industry & Business Co., Ltd.; and Xi'an Metals &
Minerals Import & Export Co., Ltd.
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Consistent with our practice, we are not rescinding this review
with respect to these companies but, instead, intend to complete the
review and issue appropriate instructions to CBP based on the final
results of the review.\8\
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\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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China-Wide Entity
In accordance with Commerce's policy, the China-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the China-wide entity.\9\ Because no party
requested a review of the China-wide entity, the China-wide entity is
not under review and the weighted-average dumping margin for the China-
wide entity is not subject to change (i.e., 118.04 percent).\10\
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\9\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\10\ See Order.
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Aside from the 11 companies which we preliminarily find made no
shipments during the POR, Commerce considers all other companies for
which a review was requested, and which did not demonstrate their
separate rate eligibility to be part of the China-wide entity.\11\
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\11\ See Initiation Notice (``All firms listed below that wish
to qualify for separate rate status in the administrative reviews
involving NME countries must complete, as appropriate, either a
separate rate application or certification, as described below.'').
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Preliminary Results
Commerce finds that no company subject to this administrative
review has established its eligibility for a separate rate. Because 15
companies did not submit separate rate applications or certifications,
or no-shipment certifications, and two companies which submitted no-
shipment certifications failed to respond to the results of our no-
shipment inquiry to demonstrate they had no shipments of subject
merchandise to the United States during the POR, we preliminarily
determine that these 17 companies are not eligible for a separate rate
and are part of the China-wide entity. See Appendix II of this notice.
Disclosure and Public Comment
Normally, Commerce discloses the calculations used in its analysis
to parties in a review within five days of the date of publication of
the notice of preliminary results, in accordance with 19 CFR
351.224(b). However, in this
[[Page 27566]]
case, there are no calculations on the record to disclose.
Interested parties may submit case briefs no later than 30 days
after the date of publication of these preliminary results of
review.\12\ Rebuttal briefs may be filed no later than seven days after
the written comments are filed, and all rebuttal comments must be
limited to comments raised in the case briefs.\13\ Pursuant to 19 CFR
351.309(c)(2), parties submitting case briefs or rebuttal briefs in
this review 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.
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\12\ See 19 CFR 351.309(c).
\13\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
are in effect).'').
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Pursuant to 19 CFR 351.310(c), interested parties wishing to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Hearing requests should
contain the party's name, address, telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, parties will be notified of the date and time
for the hearing to be held.\14\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date. Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5 p.m. Eastern Time on the due date. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\15\
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\14\ See 19 CFR 351.310(d).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020) (Temporary Rule).
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Unless otherwise extended, we intend to issue the final results of
this review, which will include the results of our analysis of the
issues raised in any briefs, within 120 days of publication of these
preliminary results in the Federal Register, pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213(h).
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b)(1). If the
preliminary results are unchanged for the final results, we will
instruct CBP to apply an ad valorem assessment rate of 118.04 percent
to all entries of subject merchandise during the POR which were
exported by 17 companies in the China-wide entity. If Commerce
continues to make a no-shipment finding in the final results for each
of the 11 companies referenced in the ``Preliminary Determination of No
Shipments'' section above, any suspended entries of subject merchandise
associated with those companies will also be liquidated at the China-
wide rate.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise 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)(2)(C) of the Act: (1) For the companies identified above that
have no shipments, the cash deposit rate will continue to be the rate
previously assessed for each individual exporter of subject
merchandise; (2) for previously investigated or reviewed Chinese and
non-Chinese exporters of subject merchandise for which a review was not
requested and that received a separate rate based on a completed prior
segment of this proceeding, the cash deposit rate will continue to be
that existing cash deposit rate published for the most recently
completed period; (3) for all Chinese exporters of subject merchandise
that have not been found to be entitled to a separate rate, the cash
deposit rate will be 118.04 percent, the weighted-average dumping
margin for the China-wide entity from the less-than-fair value
investigation; and (4) for all non-Chinese exporters of subject
merchandise which have not received their own separate rate, the cash
deposit rate will be the rate applicable to the Chinese exporter that
supplied that non-Chinese exporter. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing the preliminary results of this
administrative review in accordance with sections 751(a)(l) and
777(i)(l) of the Act, and 19 CFR 351.213 and 351.221(b)(4).
Dated: May 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Recommendation
Appendix II
Companies Preliminarily Determined To Be Part of the China-Wide Entity
1. Dezhou Hualude Hardware Products Co., Ltd.
2. Huanghua Jinhai Hardware Products Co., Ltd.
3. Huanghua Xionghua Hardware Products Co., Ltd.
4. Jining Dragon Fasteners Co., Ltd.
5. Jining Huarong Hardware Products Co., Ltd.
6. Jining Yonggu Metal Products Co., Ltd.
7. SDC International Australia Pty. Ltd.
8. Shandong Oriental Cherry Hardware Group Heze Products Co., Ltd.
9. Shandong Oriental Cherry Hardware Import and Export Co., Ltd.
10. Shanghai Curvet Hardware Products Co., Ltd.
11. Shanghai Yueda Nails Industry Co., Ltd., a.k.a. Shanghai Yueda
Nails Co., Ltd.
12. Shanxi Tianli Industries Co., Ltd.
13. Tianjin Jishili Hardware Products Co., Ltd.
14. Tianjin Universal Machinery Imp. & Exp.
[[Page 27567]]
Corporation
15. Tianjin Zhitong Metal Products Co., Ltd.
16. Tianjin Zhonglian Metals Ware Co., Ltd.
17. Zhejiang Gem-Chun Hardware Accessory Co., Ltd.
[FR Doc. 2022-09927 Filed 5-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 9, 2022.
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