Notice2023-16566
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; 2021-2022
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 3, 2023
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) did not make sales of subject merchandise at less than normal value (NV), and that four companies had no shipments of subject merchandise during the period of review (POR) July 1, 2021, through June 30, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 148 (Thursday, August 3, 2023)</title>
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[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51284-51286]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16566]
[[Page 51284]]
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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; 2021-2022
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) did not make sales of subject merchandise at less
than normal value (NV), and that four companies had no shipments of
subject merchandise during the period of review (POR) July 1, 2021,
through June 30, 2022. We invite interested parties to comment on these
preliminary results.
DATES: Applicable August 3, 2023.
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 mandatory respondent, Tianjin
Hweschun,\2\ this review also covers Zhejiang Best Nail Industrial Co.,
Ltd. (Best Nail)/Shaoxing Bohui Import & Export Co., Ltd. (Best Nail/
Shaoxing Bohui),\3\ 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 Fasteners).\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6, 2022) (Initiation
Notice).
\2\ See Memorandum, ``Respondent Selection,'' dated October 21,
2022.
\3\ 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).
\4\ See Initiation Notice.
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For events that occurred since the publication of the Initiation
Notice and the analysis behind our preliminary results herein, see the
Preliminary Decision Memorandum.\5\ A list of topics discussed in the
Preliminary Decision Memorandum is included in the appendix to this
notice. 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>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Collated Steel Staples from the People's Republic of
China; 2021-2022,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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\6\ See Certain Collated Steel Staples from the People's
Republic of China: Antidumping Duty Order, 85 FR 43815 (July 20,
2020) (Order).
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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 certifications, and other record
information, we preliminarily determine that Best Nail/Shaoxing Bohui,
Tianjin Jinyifeng, and Unicorn Fasteners 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
these companies but, rather, we intend to complete the review and issue
appropriate instructions to CBP based on the final results of the
review.\7\
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\7\ 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, infra.
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Separate Rates
We preliminarily determine that Tianjin Hweschun is eligible for a
separate rate in this administrative review.\8\ Because China First,
Shanghai Yueda, and Shijiazhuang Shuangming did not submit either a
separate rate application or a separate rate certification, they are
not eligible for a separate rate.
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\8\ See Preliminary Decision Memorandum at the ``Separate Rate
Determinations'' section for more details.
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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.
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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, 85 FR at 43816.
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Aside from Best Nail/Shaoxing Bohui, Tianjin Jinyifeng, and Unicorn
Fasteners, for which we preliminarily find 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.\11\ For the
preliminary results of this review, we consider three companies to be
part of the China-wide entity: China First; Shanghai Yueda; and
Shijiazhuang Shuangming.
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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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Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.213. Commerce has calculated constructed export price 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 margin exists for the period July 1, 2021, through June 30,
2022:
[[Page 51285]]
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Weighted-
average
Exporter dumping margin
(percent)
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Tianjin Hweschun Fasteners Manufacturing Co., Ltd...... 0.00
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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). 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, limited to issues raised in case briefs,
may be submitted no later than seven days after the deadline date for
case briefs.\13\ 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.
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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, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, {Enforcement and Compliance{time} 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.'')).
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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 within 30 days after the date of publication
of this notice.\14\ 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.\15\
Parties should confirm by telephone the date and time of the hearing
two days before the scheduled date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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All briefs and hearing requests must be filed electronically using
ACCESS \16\ and must be served on interested parties.\17\ An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\18\
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\16\ See 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Unless the deadline is 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 by the parties 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).
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 Tianjin
Hweschun'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).\19\ 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 those
sales. 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 dumping 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.
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\19\ 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).
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If, in the final results, Tianjin Hweschun'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 without regard to antidumping duties.\20\ For entries that were
not reported in the U.S. sales database submitted by Tianjin Hweschun
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).\21\ In addition, if we
continue to find no shipments of subject merchandise for Best Nail,
Shaoxing Bohui, Tianjin Jinyifeng, and/or Unicorn Fasteners in the
final results, any suspended entries of subject merchandise associated
with these companies will be liquidated at the China-wide rate.\22\
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\20\ See 19 CFR 351.106(c)(2).
\21\ 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.
\22\ See NME AD Assessment.
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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 Tianjin
Hweschun, 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 the Chinese
exporter that supplied that non-Chinese exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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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, and/or increase in the amount of antidumping duties by the
amount of the countervailing 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 28, 2023.
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. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2023-16566 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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