Notice2023-02591
Certain Collated Steel Staples From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2019-2020
Primary source
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Published
February 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to producers and exporters of certain collated steel staples (collated staples) from the People's Republic of China (China) during the period of review (POR) from November 12, 2019, through December 31, 2020.
Full Text
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<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7938-7940]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02591]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-113]
Certain Collated Steel Staples From the People's Republic of
China: Final Results of Countervailing Duty Administrative Review;
2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to producers and exporters of
certain collated steel staples (collated staples) from the People's
Republic of China (China) during the period of review (POR) from
November 12, 2019, through December 31, 2020.
DATES: Applicable February 7, 2023.
FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Shane Subler, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0339 or (202) 482-6241,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2022, Commerce published the Preliminary Results.\1\
On November 22, 2022, we released the final verification report and
invited parties to comment on the Preliminary Results.\2\ For a
detailed description of the events that occurred subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\3\ On
November 21, 2022,\4\ in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act), Commerce extended the
deadline for issuing the final results until February 1, 2023.
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\1\ See Certain Collated Staples from the People's Republic of
China: Preliminary Results and Partial Rescission of the
Countervailing Duty Administrative Review; 2019-2020, 87 FR 47980
(August 5, 2022) (Preliminary Results) and accompanying Preliminary
Decision Memorandum.
\2\ See Memoranda, ``Verification of the Questionnaire Responses
of Tianjin Hweschun Fasteners Manufacturing Co., Ltd.,'' dated
November 22, 2022 (Verification Report); and ``Case Brief
Schedule,'' dated November 22, 2022.
\3\ See Memorandum, ``Certain Collated Steel Staples from the
People's Republic of China: Issues and Decision Memorandum for the
Final Results of the 2019-2020 Countervailing Duty Administrative
Review,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
\4\ See Memorandum, ``Extension of Deadline for the Final
Results of Countervailing Duty Administrative Review; 2020,'' dated
November 21, 2022.
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Scope of the Order \5\
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\5\ See Certain Collated Steel Staples from the People's
Republic of China: Countervailing Duty Order, 85 FR 43813 (July 20,
2020) (Order).
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The merchandise subject to the Order is collated staples from
China. A full description of the scope of the Order is contained in the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in the appendix to this
notice. The Issues and 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 Issues and Decision Memorandum can
be accessed directly
[[Page 7939]]
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the countervailable subsidy rate calculations for Tianjin
Hweschun Fasteners Mfg. Co. Ltd. (Tianjin Hweschun).\6\ As a result of
the changes to Tianjin Hweschun's program rates, the final rate for the
five non-selected companies under review also changed.\7\ Further, as a
result of the changes to Tianjin Hweschun's program rates and other
changes made to the derivation of the total adverse facts available
(AFA) rate, the final total AFA rate for the non-cooperative mandatory
respondents (i.e., China Staple Enterprise (Tianjin) (China Staple) and
Shanghai Yueda Nails Co., Ltd. (Shanghai Yueda)) also changed.\8\ These
changes are explained in the Issues and Decision Memorandum.
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\6\ See Memorandum, ``Final Results Calculations for Tianjin
Hweschun Fasteners Manufacturing Co., Ltd.,'' dated concurrently
with this notice.
\7\ The five non-selected companies under review are: A-Jax
International Co., Ltd., China Dinghao Co., Ltd., Rise Time
Industrial Ltd., Shaoxing Bohui Import Export Co., Ltd., and
Zhejiang Best Nail Industrial Co., Ltd.
\8\ For information detailing the derivation of the AFA rate
applied, see Memorandum, ``AFA Calculation Memorandum for the Final
Results in the Administrative Review of Certain Collated Steel
Staples from the People's Republic of China,'' dated concurrently
with this memorandum (AFA Calculation Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we find that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the
recipient, and that the subsidy is specific.\9\ The Issues and Decision
Memorandum contains a full description of the methodology underlying
Commerce's conclusions, including any determination that relied upon
the use of adverse facts available pursuant to sections 776(a) and (b)
of the Act.
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\9\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Verification
Pursuant to section 782(i) of the Act, and 19 CFR 351.307(b)(iv),
we conducted verification of the questionnaire responses of Tianjin
Hweschun.\10\
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\10\ See Verification Report.
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Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a 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 705(c)(5) of the Act, which
provides instructions for determining the all-others rate in an
investigation, for guidance when calculating the rate for companies
which were not selected for individual examination in an administrative
review. Under section 705(c)(5)(A) of the Act, the all-others rate is
normally an amount equal to the weighted average of the countervailable
subsidy rates established for exporters and producers individually
investigated, excluding any zero or de minimis countervailable subsidy
rates, and any rates determined entirely on the basis of facts
available.
As stated above, there are five companies for which a review was
requested and not rescinded, and which were not selected as mandatory
respondents or found to be cross owned with a mandatory respondent. For
these non-selected companies, because the rate calculated for the only
participating mandatory respondent in this review, Tianjin Hweschun,
was above de minimis and not based entirely on facts available, we are
applying to the five non-selected companies Tianjin Hweschun's subsidy
rate. This methodology used to establish the rate for the non-selected
companies is consistent with our practice regarding the calculation of
the all-others rate, pursuant to section 705(c)(5)(A)(i) of the Act.
Final Results of Review
We find the countervailable subsidy rates for the mandatory and
non-selected respondents under review for the period of November 12,
2019, through December 31, 2020, to be as follows:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Tianjin Hweschun Fasteners Mfg. Co. Ltd................. 62.18
China Staple Enterprise (Tianjin)....................... 319.30
Shanghai Yueda Nails Co., Ltd........................... 319.30
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Review-Specific Rate Applicable to
Non-Selected Companies
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A-Jax International Co., Ltd............................ 62.18
China Dinghao Co., Ltd.................................. 62.18
Rise Time Industrial Ltd................................ 62.18
Shaoxing Bohui Import Export Co., Ltd................... 62.18
Zhejiang Best Nail Industrial Co., Ltd.................. 62.18
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Disclosure
We intend to disclose the calculations performed in connection with
the final results of review to parties in this proceeding within five
days of the date of publication of this notice in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S Customs and Border Protection (CBP)
shall assess, countervailing duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review, for the above-listed companies at the applicable ad valorem
assessment rates listed. 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
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review. For all non-reviewed firms
subject to the Order, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate.
These cash deposit requirements, effective upon publication of the
final results of review, shall remain in effect until further notice.
[[Page 7940]]
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an 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 which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act and 19 CFR 351.221(b)(5).
Dated: February 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Alleged Upstream Subsidies on Galvanized Steel Wire
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the Export Buyer's Credit Program
Comment 2: Whether Commerce Should Conduct the Upstream Subsidy
Investigation
Comment 3: Whether Commerce Should Apply AFA to the Provision of
Wire Rod and Galvanized Steel Wire for Less Than Adequate
Remuneration (LTAR)
Comment 4: Whether Inland Freight and Value-Added Tax (VAT)
Included in the Wire Rod and Galvanized Wire Benchmarks Should Be
Removed
Comment 5: Whether Commerce Should Apply AFA to the Provision of
Electricity for LTAR
Comment 6: Whether Import Compliance Costs Should Be Included in
the Wire Rod and Galvanized Steel Wire Benchmarks
Comment 7: May 2020 Exchange Rate Calculation
Comment 8: Ministerial Error in the Benefit Calculations for the
Provision of Galvanized Steel Wire for LTAR Program
Comment 9a: Provision of Electricity for LTAR Benefit
Calculations: Highest Applicable Benchmark Rates
Comment 9b: Provision of Electricity for LTAR Benefit
Calculations: Benchmark for ``Unspecified'' Electricity Categories
Comment 9c: Provision of Electricity for LTAR Benefit
Calculations: Electricity Prices Paid by Tianjin Hweschun
Comment 10: Total AFA Rate
X. Recommendation
[FR Doc. 2023-02591 Filed 2-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 7, 2023.
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