Notice2023-26893
Certain Collated Steel Staples From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; and Final Determination of No Shipments; 2021-2022
Primary source
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Published
December 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Tianjin Hweschun Fasteners Manufacturing Co., Ltd. (Tianjin Hweschun), the sole mandatory respondent in this review, did not sell subject merchandise to the United States at prices below normal value (NV) during the period of review (POR), July 1, 2021, through June 30, 2022. Commerce further determines that Zhejiang Best Nail Industrial Co., Ltd. (Best Nail)/Shaoxing Bohui Import & Export Co., Ltd. (Shaoxing Bohui) (collectively, Best Nail/Shaoxing Bohui), Tianjin Jinyifeng Hardware Co., Ltd. (Tianjin Jinyifeng), and Unicorn Fasteners Co., Ltd. (Unicorn Fasteners) made no shipments of subject merchandise from the People's Republic of China (China) 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 eligibility for a separate rate and, therefore, are part of the China-wide entity.
Full Text
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<title>Federal Register, Volume 88 Issue 234 (Thursday, December 7, 2023)</title>
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[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85242-85243]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26893]
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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; and
Final Determination of No Shipments; 2021-2022
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. (Tianjin Hweschun),
the sole mandatory respondent in this review, did not sell subject
merchandise to the United States at prices below normal value (NV)
during the period of review (POR), July 1, 2021, through June 30, 2022.
Commerce further determines that Zhejiang Best Nail Industrial Co.,
Ltd. (Best Nail)/Shaoxing Bohui Import & Export Co., Ltd. (Shaoxing
Bohui) (collectively, Best Nail/Shaoxing Bohui), Tianjin Jinyifeng
Hardware Co., Ltd. (Tianjin Jinyifeng), and Unicorn Fasteners Co., Ltd.
(Unicorn Fasteners) made no shipments of subject merchandise from the
People's Republic of China (China) 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 eligibility for a separate rate and, therefore, are part of
the China-wide entity.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Brian Smith, 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.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce published the Preliminary Results.\1\
For events subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\
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\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;
2021-2022, 88 FR 51284 (August 3, 2023) (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 2021-2022 Antidumping Duty Administrative
Review,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ 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 merchandise covered by the Order is certain collated steel
staples, which are primarily classifiable under subheading 8305.20.0000
of the Harmonized Tariff Schedule of the United States (HTSUS). While
the HTSUS subheading is 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 Appendix I 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 review of the record, and comments received from
interested parties regarding our Preliminary Results, we made one
change to the margin calculation for Tianjin Hweschun.\4\
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\4\ See Issues and Decision Memorandum for further discussion;
see also Memorandum, ``Final Results Calculation Memorandum for
Tianjin Hweschun,'' dated concurrently with this notice.
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Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that Best
Nail/Shaoxing Bohai, Tianjin Jinyifeng, and 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 these three companies 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\
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\5\ See Preliminary Results, 88 FR at 51284.
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement).
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Separate Rate Eligibility
In our Preliminary Results, we determined that only Tianjin
Hweschun demonstrated its eligibility for a separate rate.\7\ As we
received no information or interested party arguments to the contrary
since the issuance of the Preliminary Results, we continue to find that
this company is eligible for a separate rate.
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\7\ See Preliminary Results PDM at 5-7.
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The China-Wide Entity
In the Preliminary Results, Commerce found that China Staple,
Shanghai Yueda, and Shijiazhuang Shuangming did not establish
eligibility for a separate rate because they did not file timely
separate rate applications or separate rate certifications, as
appropriate.\8\ No parties submitted comments on this preliminary
finding, and we continue to determine that each of these entities did
not establish its eligibility for a separate rate. Therefore, we
determine China Staple, Shanghai Yueda, and Shijiazhuang Shuangming to
be part of the China-wide entity. Because no 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,\9\ we did not conduct a review of the China-
[[Page 85243]]
wide entity. Thus, the weighted-average dumping margin for the China-
wide entity, as adjusted for export subsidies (i.e., 112.01
percent),\10\ is not subject to change as a result of this review.
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\8\ Id. at 7.
\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, 65969-70 (November
4, 2013).
\10\ See Order, 86 FR at 43816. The weighted-average dumping
margin for the China-wide entity (122.55 percent) was adjusted for
export subsidies to determine the cash deposit rate (112.01 percent)
for companies in the China-wide entity.
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Final Results of Review
Commerce determines that the following weighted-average dumping
margin exists for Tianjin Hweschun for the period July 1, 2021, through
June 30, 2022:
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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
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 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 Tianjin Hweschun, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\11\ For
entries that were not reported in the U.S. sales database submitted by
Tianjin Hweschun during this review, Commerce will instruct CBP to
liquidate such entries at the China-wide rate (i.e., 112.01 percent).
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\11\ See 19 CFR 351.106(c)(2).
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For the companies identified as part of the China-wide entity
(i.e., China Staple, Shanghai Yueda, and Shijiazhuang Shuangming), we
will instruct CBP to apply the China-wide rate to all entries of
subject merchandise during the POR which were exported by these
companies.
For Best Nail/Shaoxing Bohai, Tianjin Jinyifeng, and Unicorn
Fasteners, which Commerce determined had no shipments of the subject
merchandise during the POR, any suspended entries that entered under
each of these exporters' case numbers (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.\12\
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\12\ For a full discussion of this practice, see Assessment
Practice Refinement, 76 FR at 65694.
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Cash Deposit Requirements
The following 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) the cash deposit rate
for Tianjin Hweschun 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 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,
and/or increase in the amount of antidumping duties by the amount of
the countervailing 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 and 19 CFR 351.221(b)(5).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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: Deduction of Countervailing Duties From U.S. Price
Comment 2: Valuation of Labor
Comment 3: Steel Scrap Offset
VI. Recommendation
[FR Doc. 2023-26893 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 7, 2023.
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