Notice2022-16912
Certain Collated Steel Staples From the People's Republic of China: Preliminary Results of the 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
August 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Tianjin Hweschun Fasteners Manufacturing Co., Ltd. (Tianjin Hweschun) and Zhejiang Best Nail Industrial Co., Ltd./Shaoxing Bohui Import & Export Co., Ltd. (Best Nail/Shaoxing Bohui) did not make sales of subject merchandise at less than normal value (NV), and that one company had no shipments of subject merchandise during the period of review (POR) January 8, 2020, through June 30, 2021. We invite interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 151 (Monday, August 8, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Notices]
[Pages 48153-48156]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16912]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-112]
Certain Collated Steel Staples From the People's Republic of
China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Tianjin Hweschun Fasteners Manufacturing Co., Ltd.
(Tianjin Hweschun) and Zhejiang Best Nail Industrial Co., Ltd./Shaoxing
Bohui Import & Export Co., Ltd. (Best Nail/Shaoxing Bohui) did not make
sales of subject merchandise at less than normal value (NV), and that
one company had no shipments of subject merchandise during the period
of review (POR) January 8, 2020, through June 30, 2021. We invite
interested parties to comment on these preliminary results.
DATES: Applicable August 8, 2022.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Max Goldman, 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) 482-1766 or (202)
482-0224, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on certain collated steel staples from the People's Republic
of China (China).\1\ In addition to the two mandatory respondents,
Tianjin Hweschun and Best Nail/Shaoxing Bohui,\2\ this review also
[[Page 48154]]
covers China Staple (Tianjin) Co., Ltd. (China Staple), Shanghai Yueda
Nails Co., Ltd. (Shanghai Yueda), Shijiazhuang Shuangming Trade Co.,
Ltd. (Shijiazhuang Shuangming), Tianjin Jinyifeng Hardware Co., Ltd.
(Tianjin Jinyifeng), and Unicorn Fasteners Co., Ltd. (Unicorn).\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation
Notice).
\2\ See Memorandum, ``Antidumping Duty Administrative Review of
Certain Collated Steel Staples from the People's Republic of China:
Respondent Selection,'' dated November 9, 2021. We are preliminarily
treating Best Nail and Shaoxing Bohui as a collapsed entity for the
period beginning December 25, 2020, and through the remainder of the
POR, for purposes of this administrative review. See Memorandum,
``Antidumping Duty Administrative Review of Certain Collated Steel
Staples from the People's Republic of China: Preliminary
Determination of Affiliation and Single Entity Determination
Memorandum,'' dated March 23, 2022, for further discussion.
\3\ Id., 86 FR 50043. The Initiation Notice lists Unicom
Fasteners Co., Ltd. but the correct name for this company is Unicorn
Fasteners Co., Ltd. (Unicorn Fasteners). See also Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 86 FR
61121 (November 5, 2021) (correcting Unicorn Fastener's company
name).
---------------------------------------------------------------------------
For events that occurred since the publication of the Initiation
Notice and the analysis behind our preliminary results herein, see the
Preliminary Decision Memorandum.\4\ The Preliminary Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of topics
discussed in the Preliminary Decision Memorandum is included in the
appendix to this notice.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Collated
Steel Staples from the People's Republic of China; 2020-2021,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>5</SUP>
---------------------------------------------------------------------------
\5\ See Certain Collated Steel Staples from the People's
Republic of China: Antidumping Duty Order, 85 FR 43815 (July 20,
2020) (Order).
---------------------------------------------------------------------------
The products covered by the Order are certain collated steel
staples from China. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
Based on an analysis of information from U.S. Customs and Border
Protection (CBP), the no shipment certification, and other record
information, we preliminarily determine that Unicorn had no shipments
of subject merchandise during the POR. Consistent with our practice in
non-market economy (NME) cases, we are not rescinding this review with
respect to Unicorn but, rather, we intend to complete the review and
issue appropriate instructions to CBP based on the final results of the
review.\6\
---------------------------------------------------------------------------
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
AD Assessment); see also the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------
Separate Rates
We preliminarily determine that, in addition to Tianjin Hweschun
and Best Nail/Shaoxing Bohai, one not individually-examined company,
Tianjin Jinyifeng, is eligible for a separate rate in this
administrative review.\7\ The Tariff Act of 1930, as amended (the Act),
and Commerce's regulations do not address the establishment of a
separate rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for separate-rate respondents which Commerce did
not examine individually in an administrative review. For the
preliminary results of this review, Commerce has determined the
estimated dumping margins for Tianjin Hweschun and Best Nail/Shaoxing
Bohai are both zero.\8\ For the reasons explained in the Preliminary
Decision Memorandum, we are assigning this rate to the non-examined
respondent, Tianjin Jinyifeng, which qualifies for a separate rate in
this review.
---------------------------------------------------------------------------
\7\ See Preliminary Decision Memorandum at the ``Separate Rate
Determinations'' section for more details.
\8\ See Memoranda, ``Preliminary Results Margin Calculation for
Tianjin Hweschun Fasteners Manufacturing Co., Ltd.'' and
``Preliminary Results Margin Calculation for Zhejiang Best Nail
Industrial Co., Ltd./Shaoxing Bohui Import & Export Co., Ltd.,''
both dated concurrently with this notice.
---------------------------------------------------------------------------
The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\9\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity, the entity is not
under review, and the entity's rate (i.e., 112.01 percent) \10\ is not
subject to change. See the Preliminary Decision Memorandum for further
discussion.
---------------------------------------------------------------------------
\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, 85 FR at 43816.
---------------------------------------------------------------------------
Aside from Unicorn for which we preliminarily find no shipments,
Commerce considers all other companies for which a review was requested
and did not demonstrate separate rate eligibility to be part of the
China-wide entity.\11\ For the preliminary results of this review, we
consider three companies to be part of the China-wide entity: China
Staple, Shanghai Yueda, and Shijiazhuang Shuangming.
---------------------------------------------------------------------------
\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.'').
---------------------------------------------------------------------------
Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(B) of the Act and 19 CFR 351.213. Commerce has
calculated export prices in accordance with section 772(a) of the Act
and constructed export prices in accordance with section 772(b) of the
Act. Because China is an NME within the meaning of section 771(18) of
the Act, we calculated NV in accordance with section 773(c) of the Act.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the POR January 8, 2020, through June 30,
2021:
------------------------------------------------------------------------
Weighted-average
Exporters dumping margin
(percent)
------------------------------------------------------------------------
Tianjin Hweschun Fasteners Manufacturing Co., Ltd.... 0.00
Zhejiang Best Nail Industrial Co., Ltd./Shaoxing 0.00
Bohui Import & Export Co., Ltd......................
[[Page 48155]]
Tianjin Jinyifeng Hardware Co., Ltd.................. 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results in accordance with 19 CFR
351.224(b). A timeline for the submission of case briefs and written
comments will be provided to interested parties at a later date.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than seven days after the deadline date for case
briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit 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. Executive
summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS \13\ and must be
served on interested parties.\14\ Note that Commerce has modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\15\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(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 remain in effect.'')).
\13\ See generally 19 CFR 351.303.
\14\ See 19 CFR 351.303(f).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance filed electronically via Commerce's electric
records system, ACCESS. An electronically-filed request must be
received successfully in its entirety by 5:00 p.m. Eastern Time within
30 days after the date of publication of this notice.\16\ Requests
should contain (1) the party's name, address, and telephone number; (2)
the number of participants; (3) whether any participant is a foreign
national; and (4) a list of the issues to be discussed. If a request
for a hearing is made, Commerce intends to hold the hearing at a time
and date to be determined.\17\ Parties should confirm by telephone the
date and time of the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.310(c)
\17\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of our
analysis of the issues raised in the case briefs, within 120 days of
publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results.
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). If a mandatory
respondent's ad valorem weighted-average dumping margin is not zero or
de minimis (i.e., less than 0.50 percent) in the final results of this
review, Commerce will calculate importer-specific assessment rates for
that respondent, in accordance with 19 CFR 351.212(b)(1).\18\ Pursuant
to 19 CFR 351.212(b)(1), where the respondent reported the entered
value of its U.S. sales, we will calculate importer-specific ad valorem
duty assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to the total entered value of the
sales for which entered value was reported. Where the respondent did
not report entered value, we will calculate importer-specific per-unit
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
quantity of those sales. To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also will calculate an importer-specific ad valorem
ratio based on estimated entered values.
---------------------------------------------------------------------------
\18\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
If, in the final results, the mandatory respondent's weighted-
average dumping margin continues to be zero or de minimis (i.e., less
than 0.5 percent), Commerce will instruct CBP to liquidate the
appropriate entries for that respondent without regard to antidumping
duties.\19\ For entries that were not reported in the U.S. sales
databases submitted by each mandatory respondent during this review,
and for the three companies that do not qualify for a separate rate,
Commerce will instruct CBP to liquidate such entries at the China-wide
rate (i.e., 112.01 percent).\20\ In addition, if we continue to find no
shipments of subject merchandise for Unicorn, for which we
preliminarily find no such shipments during the POR, any suspended
entries of subject merchandise associated with this company will be
liquidated at the China-wide rate.\21\
---------------------------------------------------------------------------
\19\ See 19 CFR 351.106(c)(2).
\20\ The China-wide rate determined in the investigation was
122.55 percent. See Order, 85 FR at 43816. This rate was adjusted
for export subsidies to determine the cash deposit rate (112.01
percent) collected for companies in the China-wide entity.
\21\ See NME AD Assessment.
---------------------------------------------------------------------------
For Tianjin Jinyifeng, the respondent that was not selected for
individual examination in this administrative review that qualified for
a separate rate, the assessment rate will be the separate rate
established in the final results of this administrative review.
Commerce intends to issue appropriate assessment instructions to
CBP 35 days after the publication of the final results 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 upon
publication of the final results of this review for all shipments of
the subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) for the
[[Page 48156]]
companies listed above that have a separate rate, the cash deposit rate
will be that rate established in the final results of this review
(except, if the rate is de minimis, then a cash deposit rate of zero
will be required); (2) for previously investigated or reviewed Chinese
and non-Chinese exporters for which a review was not requested and 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 Chinese exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be the rate for the China-wide entity (i.e., 112.01 percent); and
(4) for all non-Chinese exporters of subject merchandise that have not
received their own rate, the cash deposit rate will be the rate
applicable to 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 and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act,
and 19 CFR 351.221(b)(4).
Dated: July 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Affiliation and Collapsing
VII. Preliminary Determination of No Shipments
VIII. Discussion of the Methodology
IX. Recommendation
[FR Doc. 2022-16912 Filed 8-5-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on August 8, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.