Notice2023-28209
Certain Collated Steel Staples From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 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
December 22, 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 January 1, 2021, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 245 (Friday, December 22, 2023)</title>
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[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88581-88582]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28209]
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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; 2021
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
January 1, 2021, through December 31, 2021.
DATES: Applicable December 22, 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 July 7, 2023, Commerce published the Preliminary Results.\1\ For
a complete description of the events that occurred subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\2\ On
October 16, 2023, 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 December 15, 2023.\3\
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\1\ See Certain Collated Steel Staples from the People's
Republic of China: Preliminary Results and Partial Rescission of the
Countervailing Duty Administrative Review; 2021, 88 FR 43288 (July
7, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021 Countervailing Duty Administrative Review
of Certain Collated Steel Staples from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for the Final
Results of Countervailing Duty Administrative Review; 2021,'' dated
October 16, 2023.
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Scope of the Order \4\
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\4\ 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 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 Manufacturing Co. Ltd. (Tianjin Hweschun), the sole
mandatory respondent in this review.\5\ As a result of the changes to
Tianjin Hweschun's program rates, the final rate for the four companies
under review which were not selected for individual examination also
changed.\6\ These changes are explained in the Issues and Decision
Memorandum.
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\5\ See Memorandum, ``Final Results Calculations for Tianjin
Hweschun Fasteners Manufacturing Co., Ltd.,'' dated concurrently
with this notice; see also Preliminary Results, 88 FR at 43289.
\6\ The four non-selected companies under review are: Ningbo
Pacrim Manufacturing Co., Ltd., Shanghai Jade Shuttle Hardware,
Shaoxing Bohui Import Export Co., Ltd., and Youngwoo (Cangzhou)
Fasteners Co., Ltd. See Preliminary Results, 88 FR at 43289.
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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.\7\ 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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\7\ 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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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(e)(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 four 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 the mandatory respondent.
Because the rate calculated for the only mandatory respondent in this
review, Tianjin Hweschun, was above de minimis and not based entirely
on facts available, we are applying Tianjin Hweschun's subsidy rate to
these non-selected companies,. 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.
This is the same methodology Commerce applied in the Preliminary
Results for determining a rate for companies not selected for
individual examination. However, due to changes
[[Page 88582]]
in the calculation for Tianjin Hweschun, we revised the non-selected
rate accordingly. Consequently, for the four companies not selected for
individual examination and for which the review was not rescinded, we
are applying an ad valorem subsidy rate of 50.58 percent.
Final Results of Review
We find the net countervailable subsidy rates for the mandatory and
non-selected respondents under review for the period of January 1,
2021, through December 31, 2021, to be as follows:
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Subsidy rate (percent
Producer/exporter ad valorem)
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Tianjin Hweschun Fasteners Manufacturing Co., 50.58
Ltd...........................................
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Review-Specific Rate Applicable to Non-Selected Companies
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Ningbo Pacrim Manufacturing Co., Ltd........... 50.58
Shanghai Jade Shuttle Hardware................. 50.58
Shaoxing Bohui Import Export Co., Ltd.......... 50.58
Youngwoo (Cangzhou) Fasteners Co., Ltd......... 50.58
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Disclosure
We intend to disclose the calculations and analysis performed in
connection with the final results of review to parties to the
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.
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: December 15, 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. Diversification of China's Economy
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation Information
VII. Benchmarks
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the Provision of Wire Rod and Galvanized Steel Wire for
Less Than Adequate Remuneration (LTAR) Programs
Comment 2: Whether Commerce Should Apply AFA to the Provision of
Electricity for LTAR Program
Comment 3: Whether Commerce Should Apply AFA to the Export
Buyer's Credit (EBC) Program
Comment 4: Whether Commerce Should Apply AFA to the Provision of
Land-Use Rights to Favored Industries for LTAR Program for Financial
Contribution and Specificity
Comment 5: Whether Commerce Should Apply AFA to ``Other
Subsidies''
Comment 6: Whether Commerce Should Remove Inland Freight and
Value-Added Taxes (VAT) from the Wire Rod and Galvanized Steel Wire
Benchmarks
Comment 7: Whether Tianjin Hweschun Received a Benefit Under the
Provision of Land-Use Rights to Favored Industries for LTAR Program
X. Recommendation
[FR Doc. 2023-28209 Filed 12-21-23; 8:45 am]
BILLING CODE 3510-DS-P
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