Notice2023-02816
Certain Collated Steel Staples From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; Final Determination of No Shipments; and Partial Rescission; 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
February 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Tianjin Hweschun Fasteners Manufacturing Co., Ltd. (Hweschun) and Zhejiang Best Nail Industrial Co., Ltd./Shaoxing Bohui Import & Export Co., Ltd. (Best Nail/Shaoxing Bohui) did not sell certain collated steel staples from the People's Republic of China (China) at less than normal value during the period of review (POR), January 8, 2020, through June 30, 2021. Commerce further determines that Unicorn Fasteners Co., Ltd. (Unicorn Fasteners) made no shipments and Tianjin Jinyifeng Hardware Co., Ltd. (Tianjin Jinyifeng) had no reviewable entries of the subject merchandise during the POR. Commerce also determines that China Staple (Tianjin) Co., Ltd. (China Staple); Shanghai Yueda Nails Co., Ltd. (Shanghai Yueda); and Shijiazhuang Shuangming Trade Co., Ltd. (Shijiazhuang Shuangming) have not established their separate rate eligibility and, therefore, are part of the China-wide entity.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 28 (Friday, February 10, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8800-8802]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02816]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-112]
Certain Collated Steel Staples From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review; Final
Determination of No Shipments; and Partial Rescission; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Tianjin Hweschun Fasteners Manufacturing Co., Ltd. (Hweschun) and
Zhejiang Best Nail Industrial Co., Ltd./Shaoxing Bohui Import & Export
Co., Ltd. (Best Nail/Shaoxing Bohui) did not sell certain collated
steel staples from the People's Republic of China (China) at less than
normal value during the period of review (POR), January 8, 2020,
through June 30, 2021. Commerce further determines that Unicorn
Fasteners Co., Ltd. (Unicorn Fasteners) made no shipments and Tianjin
Jinyifeng Hardware Co., Ltd. (Tianjin Jinyifeng) had no reviewable
entries of the subject merchandise during the POR. Commerce also
determines that China Staple (Tianjin) Co., Ltd. (China Staple);
Shanghai Yueda Nails Co., Ltd. (Shanghai Yueda); and Shijiazhuang
Shuangming Trade Co., Ltd. (Shijiazhuang Shuangming) have not
established their separate rate eligibility and, therefore, are part of
the China-wide entity.
DATES: Applicable February 10, 2023.
FOR FURTHER INFORMATION CONTACT: Max Goldman or Brian Smith, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0224 or (202) 482-1766,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 8, 2022, Commerce published the Preliminary Results.\1\
For events subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See 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, 87 FR 48153 (August 8, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Certain Collated Steel Staples from the
People's Republic of China: Issues and Decision Memorandum for the
Final Results of the 2020-2021 Antidumping Duty Administrative
Review,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \3\
---------------------------------------------------------------------------
\3\ See Certain Collated Steel Staples from the People's
Republic of China: Antidumping Duty Order, 85 FR 43815 (July 20,
2020) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is certain collated steel
staples which are currently classifiable under subheading 8305.20.0000
of the Harmonized Tariff Schedule of the United States (HTSUS). While
the HTSUS subheading and ASTM specification are provided for
convenience and for customs purposes, the written description of the
subject merchandise is dispositive. 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 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 verification findings, review of the record, and
comments received from interested parties regarding our Preliminary
Results, we made changes to the margin calculation for Best Nail/
Shaoxing Bohui.\4\
---------------------------------------------------------------------------
\4\ See Issues and Decision Memorandum; see also Memorandum,
``Final Results Calculation Memorandum for Best Nail/Shaoxing
Bohui,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that
Unicorn Fasteners had no shipments of subject merchandise to the United
States during the POR.\5\ No party filed comments with respect to this
preliminary finding and we received no information to contradict it.
Therefore, we continue to find that Unicorn Fasteners had no shipments
of subject merchandise during the POR and will issue appropriate
liquidation instructions that are consistent with our ``automatic
assessment'' clarification for these final results.\6\
---------------------------------------------------------------------------
\5\ See Preliminary Results, 87 FR at 48154.
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement).
---------------------------------------------------------------------------
Partial Rescission
In the Preliminary Results, we preliminarily granted Tianjin
Jinyifeng Hardware Co., Ltd. (Jinyifeng) a separate rate. However,
based on comments received from interested parties and the record
information, we determine that Jinyifeng had no reviewable entries of
subject merchandise during the POR.\7\ Therefore, we are rescinding
this review with respect to Jinyifeng in accordance with 19 CFR
351.213(d)(3) because Jinyifeng did not have a reviewable entry of
subject merchandise during the POR.
---------------------------------------------------------------------------
\7\ See Issues and Decision Memorandum at Comment 2 for further
discussion.
---------------------------------------------------------------------------
Separate Rate Respondents
In our Preliminary Results, we determined that Best Nail/Shaoxing
Bohui, Hweschun, and Jinyifeng demonstrated their eligibility for
separate rates.\8\ We received no arguments since the issuance of the
Preliminary Results that provide a basis for reconsideration of this
determination with respect to Best Nail/Shaoxing Bohui and Hweschun.
Therefore, for these final results, we continue to find that Best Nail/
Shaoxing Bohui and Hweschun are each eligible for a separate rate, as
indicated in the table in the ``Final Results of Review'' section of
this notice. As noted above, we are rescinding this review with respect
to Jinyifeng in the final results.
---------------------------------------------------------------------------
\8\ See Preliminary Results PDM at 5-9.
---------------------------------------------------------------------------
The China-Wide Entity
In the Preliminary Results, Commerce found that three companies for
which a review was requested \9\ did not establish eligibility for a
separate rate because they did not file a timely separate rate
application or a separate rate certification, as appropriate.\10\ No
party commented on the Preliminary Results with respect to these three
companies' separate rate ineligibility. Therefore, for these final
results, we determine the three companies at issue to be part of the
China-wide entity. Because no party requested a review of the China-
wide
[[Page 8801]]
entity, and Commerce no longer considers the China-wide entity as an
exporter conditionally subject to administrative reviews,\11\ we did
not conduct a review of the China-wide entity. Thus, the weighted-
average dumping margin for the China-wide entity (i.e., 112.01 percent)
\12\ is not subject to change as a result of this review.
---------------------------------------------------------------------------
\9\ Id. at 9-10. These companies are China Staple; Shanghai
Yueda; and Shijiazhuang Shuangming.
\10\ Id.
\11\ 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, 65969-70 (November
4, 2013).
\12\ The China-wide rate determined in the less-than-fair-value
investigation is 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) for companies in the China-wide entity.
---------------------------------------------------------------------------
Final Results of Review
For companies subject to this review, which established their
eligibility for a separate rate, Commerce determines that the following
weighted-average dumping margins exist for the period 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 Bohui 0.00
Import & Export Co., Ltd...................................
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed 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 Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.212(b), Commerce has determined, and
U.S Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with these final results of review. Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of these final results. 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).
For both mandatory respondents whose ad valorem weighted-average
dumping margins are zero, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\13\ For
entries that were not reported in the U.S. sales databases submitted by
each mandatory respondent during this review, Commerce will instruct
CBP to liquidate such entries at the China-wide rate (i.e., 112.01
percent).
---------------------------------------------------------------------------
\13\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For the companies identified as part of the China-wide entity,
China Staple, Shanghai Yueda, and Shijiazhuang Shuangming, we will
instruct CBP to apply the China-wide rate (i.e., 112.01 percent) to all
entries of subject merchandise during the POR which were exported by
those companies.
For Unicorn Fasteners, which Commerce determined had no shipments
of the subject merchandise), any suspended entries that entered under
that exporter's case number (i.e., at that exporter's cash deposit
rate) will be liquidated at the rate for the China-wide entity,
consistent with Commerce's assessment practice in non-market economy
cases.\14\ For Jinyifeng, for which the administrative review is
rescinded, antidumping duties shall be assessed at a rate equal to the
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(i).
---------------------------------------------------------------------------
\14\ For a full discussion of this practice, see Assessment
Practice Refinement, 76 FR at 65694.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following per-unit cash deposit requirements will be effective
upon publication of the final results of this administrative 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 by section 751(a)(2)(C) of the Act: (1) for Best
Nail/Shaoxing Bohui and Hweschun, the cash deposit rate will be equal
to their weighted-average dumping margins established in the final
results of this review; (2) for previously investigated or reviewed
Chinese and non-Chinese exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding in which they were reviewed; (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 equal to the weighted-
average dumping margin for the China-wide entity (i.e., 112.01
percent); 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(s) that supplied
that non-Chinese exporter. These per-unit 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 and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties has
occurred and the subsequent assessment of double antidumping duties.
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.
Dated: February 3, 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Apply Adverse Facts Available to Hweschun
and Best Nail/Shaoxing Bohui
Comment 2: Whether Jinyifeng Is Eligible for a Separate Rate
[[Page 8802]]
Comment 3: Whether to Conduct a Bona Fides Analysis of Best
Nail's Sales
Comment 4: Valuation of Best Nail's Reported Glue Factor
Comment 5: Valuation of Hweschun's Non-Market Economy Ocean
Freight
Comment 6: Whether to Grant Hweschun a Steel Scrap Offset
VI. Recommendation
[FR Doc. 2023-02816 Filed 2-9-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on February 10, 2023.
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.