Notice2023-18314
Certain Steel Nails From the People's Republic of China: Preliminary Results of 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 25, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda Nails Industry Co., Ltd. (Shanghai Yueda), an exporter of certain steel nails from the People's Republic of China (China), sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) August 1, 2021, through July 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 164 (Friday, August 25, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58242-58244]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18314]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China:
Preliminary Results of 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 Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda
Nails Industry Co., Ltd. (Shanghai Yueda), an exporter of certain steel
nails from the People's Republic of China (China), sold subject
merchandise in the United States at prices below normal value (NV)
during the period of review (POR) August 1, 2021, through July 31,
2022. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable August 25, 2023.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Bill Horn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-9068 or (202) 482-4868,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
Commerce published the notice of initiation of this administrative
review on October 11, 2022.\1\ On March 28, 2023, Commerce extended the
preliminary results deadline until August 18, 2023.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 29,
2023.
---------------------------------------------------------------------------
Scope of the Order <SUP>3</SUP>
---------------------------------------------------------------------------
\3\ See Notice of Antidumping Duty Order: Certain Steel Nails
from the People's Republic of China, 73 FR 44961 (August 1, 2008)
(Order).
---------------------------------------------------------------------------
The products covered by the Order are nails from China. A full
description of the scope of the Order is contained in the Preliminary
Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the Order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Certain Steel Nails from the
People's Republic of China; 2021-2022,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, and the no shipment certifications submitted by eight
companies,\5\ Commerce preliminarily determines that these companies
had no shipments of subject merchandise during the POR.
---------------------------------------------------------------------------
\5\ The companies that we preliminarily determine had no
shipments during the POR are: (1) Hebei Minmetals Co., Ltd.; (2)
Nanjing Caiqing Hardware Co., Ltd.; (3) Nanjing Yuechang Hardware
Co., Ltd.; (4) Shandong Qingyun Hongyi Hardware Products Co., Ltd.;
(5) Shanxi Hairui Trade Co., Ltd.; (6) Suntec Industries Co., Ltd.;
(7) Tianjin Jinchi Metal Products Co., Ltd.; and (8) Xi'an Metals &
Minerals Import & Export Co., Ltd.
---------------------------------------------------------------------------
Consistent with our practice in non-market economy (NME) cases, we
are not rescinding this review but instead intend to complete the
review with respect to these eight companies for which we have
preliminarily found no shipments and issue appropriate
[[Page 58243]]
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
Practice).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices in accordance with
section 772 of the Act. Because China is an NME country within the
meaning of section 771(18) of the Act, NV has been calculated in
accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is included as
an Appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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 is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Verification
As provided in sections 782(i)(3)(A)-(B) of the Act, we intend to
verify the information upon which we will rely in determining our final
results of review with respect to the mandatory respondent, Shanghai
Yueda.
Preliminary Results of the Review
Commerce preliminarily finds that two companies for which a review
was requested, Dezhou Hualude Hardware Products Co., Ltd. and S-Mart
(Tianjin) Technology Development Co., Ltd., did not establish
eligibility for a separate rate because they failed to provide either a
separate rate application, separate rate certification, or respond to
section A of Commerce's NME questionnaire. As such, we preliminarily
determine that these two companies are part of the China-wide
entity.\7\
---------------------------------------------------------------------------
\7\ Because no interested party requested a review of the China-
wide entity and Commerce no longer considers the China-wide entity
as an exporter conditionally subject to administrative reviews, we
did not conduct a review of the China-wide entity. Thus, the rate
(i.e., 118.04 percent) for the China-wide entity is not subject to
change as a result of this review. 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).
---------------------------------------------------------------------------
As a result of our analysis of the information on the record,
Commerce preliminarily determines the following estimated weighted-
average dumping margin exists for the POR:
------------------------------------------------------------------------
Weighted-
average dumping
Exporter margin (percent
ad valorem)
------------------------------------------------------------------------
Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda 20.49
Nails Industry Co., Ltd...............................
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to the parties no later than five days after the
date of publication of this notice in accordance with 19 CFR
351.224(b).
Because, as noted above, Commerce intends to verify the information
upon which it will rely in making its final determination, interested
parties may submit written comments in the form of case briefs within
seven days after the issuance of the verification report and rebuttal
comments in the form of rebuttal briefs within seven days after the
time limit for filing case briefs.\8\ Parties who submit case briefs or
rebuttal briefs in this proceeding 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. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the case briefs are filed.\9\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 19
CFR 351.303 (for general filing requirements).
\9\ See 19 CFR 351.309(d); Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID-19; Extension of Effective Period,
85 FR 41363 (July 10, 2020) (Temporary Rule).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants and
whether any of those individuals is a foreign national; and (3) a list
of issues parties intend to discuss. Issues raised in the hearing will
be limited to those raised in the respective case and rebuttal
briefs.\10\ If a request for a hearing is made, Commerce intends to
hold the hearing at a date and time to be determined.\11\ Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions to Commerce must be filed electronically using
ACCESS \12\ and must also be served on interested parties.\13\ An
electronically filed document must be received successfully in its
entirety by ACCESS, by 5 p.m. Eastern Time (ET) on the date that the
document is due. Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\14\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ See Temporary Rule.
---------------------------------------------------------------------------
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs, within 120 days of the date of publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act,
unless this deadline is extended.
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.\15\ Commerce intends to issue assessment instructions
to CBP 35 days after the publication date 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).
---------------------------------------------------------------------------
\15\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
If Shanghai Yueda'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 on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales and the total
quantity of those sales, in accordance with 19 CFR 351.212(b)(1).\16\
Commerce will also calculate estimated ad valorem importer-specific
assessment rates with which to assess whether the per-unit
[[Page 58244]]
assessment rate is de minimis.\17\ We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific ad valorem assessment rate calculated in the
final results of this review is not zero or de minimis. Where Shanghai
Yueda's ad valorem weighted-average dumping margin is zero or de
minimis, or an importer-specific ad valorem assessment rate is zero or
de minimis,\18\ we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
---------------------------------------------------------------------------
\16\ 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).
\17\ For calculated (estimated) ad valorem importer-specific
assessment rates used in determining whether the per-unit assessment
rate is de minimis, see Memorandum, ``Preliminary Results Margin
Calculation for Shanghai Yueda Nails Co., Ltd.,'' dated concurrently
with this notice, and accompanying Margin Calculation Program Logs
and Outputs.
\18\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For the final results, if we continue to treat the two companies,
identified above, as part of the China-wide entity, 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 was exported by
those companies.
For entries that were not reported in the U.S. sales data submitted
by Shanghai Yueda, Commerce will instruct CBP to liquidate such entries
at the rate for the China-wide entity.\19\ Additionally, if Commerce
determines that an exporter under review 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.\20\
---------------------------------------------------------------------------
\19\ See NME Practice for a full discussion.
\20\ Id.
---------------------------------------------------------------------------
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, as applicable.
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, as
provided by section 751(a)(2)(C) of the Act: (1) for Shanghai Yueda,
the cash deposit rate will be equal to the weighted-average dumping
margin established in the final results of this review (except that if
the ad valorem rate is de minimis, then the cash deposit rate will be
zero); (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 existing exporter-specific cash
deposit 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; 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 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)(2) to file a certificate
regarding the reimbursement of antidumping 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 duties occurred and the subsequent assessment of double
antidumping duties.
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)(4).
Dated: August 18, 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. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2023-18314 Filed 8-24-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on August 25, 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.