Notice2022-19062
Certain Steel Nails From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review and Final 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
September 2, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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. Further, Commerce finds that any company potentially subject to individual or non-individual examination under this review failed to establish its eligibility for a separate rate and all entries of subject merchandise during the POR are subject to the China-wide entity rate.
Full Text
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<title>Federal Register, Volume 87 Issue 170 (Friday, September 2, 2022)</title>
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[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54190-54191]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19062]
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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 Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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.
Further, Commerce finds that any company potentially subject to
individual or non-individual examination under this review failed to
establish its eligibility for a separate rate and all entries of
subject merchandise during the POR are subject to the China-wide entity
rate.
DATES: Applicable September 2, 2022.
FOR FURTHER INFORMATION CONTACT: 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) 482-6261.
SUPPLEMENTARY INFORMATION:
Background
On May 9, 2022, Commerce published the preliminary results of the
2020-2021 administrative review of the antidumping duty order on nails
from China \1\ and invited comments from interested parties.\2\ No
interested party commented. We preliminarily found that that no company
subject to this administrative review has established its eligibility
for a separate rate and, therefore, aside from the 11 companies which
we found made no shipments of subject merchandise during the POR,
Commerce considers all other companies for which a review was
requested, and which did not demonstrate separate rate eligibility, to
be part of the China-wide entity.
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\1\ See Certain Steel Nails from the People's Republic of China;
2020-2021: Preliminary Results of the Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2020-2021, 87 FR 27564 (May 9, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Preliminary Results, 87 FR at 27565-27566.
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Scope of the Order
The products covered by the Order \3\ are nails from China. For a
complete description of the scope, see the Preliminary Decision
Memorandum.\4\
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\3\ See Notice of Antidumping Duty Order: Certain Steel Nails
from the People's Republic of China, 73 FR 44961 (August 1, 2008)
(Order).
\4\ See Preliminary Results PDM at 2-3.
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China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\5\ 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 China-wide
entity.\6\ Because no party requested a review of the China-wide entity
in this review, the China-wide entity is not under review and the
China-wide entity's rate (i.e., 118.04 percent) is not subject to
change as a result of this review.\7\
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\5\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\6\ Id.
\7\ See Order.
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Final Results of Review
In the Preliminarily Results, Commerce determined that 11 companies
under review had no shipments of subject merchandise during the POR.\8\
We received no
[[Page 54191]]
arguments identifying information that contradicts this determination.
Therefore, we continue to find that these companies had no shipments of
subject merchandise to the United States during the POR and will issue
appropriate liquidation instructions.\9\
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\8\ These companies 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.
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
Assessment of Duties).
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Additionally, in the Preliminary Results, Commerce found that no
company subject to this administrative review had established its
eligibility for a separate rate. In the Preliminary Results, we found
that 15 companies did not submit separate rate applications or
certifications, or no-shipment certifications, and two companies that
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. Therefore, we
find that these 17 companies continue not to be eligible for a separate
rate and are part of the China-wide entity.\10\ See the appendix of
this notice for a list of these companies.
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\10\ See Preliminary Results, 76 FR at 27564, 27565.
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For additional details, see the Preliminary Decision Memorandum,
which 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="http://access.trade.gov">http://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>.
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries
covered by this review, in accordance with section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b). 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 the 17 companies in the China-
wide entity. In addition, we will instruct CBP to assess any suspended
entries of subject merchandise associated with the companies that
claimed no shipments of subject merchandise during the POR 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 upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date of
this notice, as provided by section 751(a)(2)(C) of the Act: (1) 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., 118.04 percent); (2) for a
previously examined Chinese and non-Chinese exporter that received a
separate rate in a prior completed segment of this proceeding, the cash
deposit rate will continue to be the existing exporter-specific cash
deposit rate; and (3) 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 Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. 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 Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), 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
subject to sanction.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR
351.213, and 19 CFR 351.221(b)(5).
Dated: August 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Comliance.
Appendix--Companies 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. 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. 2022-19062 Filed 9-1-22; 8:45 am]
BILLING CODE 3510-DS-P
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