Notice2024-04075
Certain Steel Nails From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and 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
February 28, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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. Commerce further determines that certain companies made no shipments of the subject merchandise during the POR.
Full Text
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<title>Federal Register, Volume 89 Issue 40 (Wednesday, February 28, 2024)</title>
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[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Notices]
[Pages 14630-14632]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04075]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-909]
Certain Steel Nails From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and 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
Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda Nails Industry
Co., Ltd.
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(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. Commerce further
determines that certain companies made no shipments of the subject
merchandise during the POR.
DATES: Applicable February 28, 2024.
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
On August 25, 2023, Commerce published the Preliminary Results of
this administrative review.\1\ For the events subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\2\ On
November 29, 2023,\3\ 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 February 21, 2024.
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\1\ See 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 88 FR 58242
dated August 25, 2023 (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Final 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 (Issues and Decision
Memorandum).
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated November 29, 2023.
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Scope of the Order <SUP>4</SUP>
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\4\ See Notice of Antidumping Duty Order: Certain Steel Nails
from the People's Republic of China, 73 FR 44961 (August 1, 2008)
(Order).
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The products covered by the Order are nails 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 verification findings, review of the record and
comments received from interested parties regarding our Preliminary
Results, we made certain revisions to the margin calculations for
Shanghai Yueda.\5\
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\5\ See Memorandum, ``Verification of the Questionnaire
Responses of Shanghai Yueda Nails Co., Ltd.,'' dated January 10,
2024; Memorandum, ``Final Results Calculation Memorandum for
Shanghai Yueda,'' dated concurrently with this notice; and
Memorandum, ``Surrogate Values for the Final Results,'' dated
concurrently with this notice.
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Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that: (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. had no
shipments of subject merchandise to the United States during the
POR.\6\ No party filed comments with respect to this preliminary
determination and we received no information to contradict it.
Therefore, we continue to find that these 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.\7\
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\6\ See Preliminary Results, 88 FR at 58242.
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement).
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China-Wide Entity
In our Preliminary Results, we determined that two companies
subject to this review, 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 non-market economy (NME) questionnaire. As
such, we preliminarily determined that these two companies are part of
the China-wide entity.\8\ We received no arguments since the issuance
of the Preliminary Results that provide a basis for reconsideration of
these determinations. Therefore, for these final results, we continue
to find that these two companies are a part of the China-wide entity.
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\8\ 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).
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Final Results of Administrative Review
For the company subject to this review, which established its
eligibility for a separate rate, Commerce determines that the following
estimated weighted-average dumping margin exists for the period from
August 1, 2021, through July 31, 2022:
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Weighted-
average
Exporter dumping
margin
(percent)
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Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda Nails 23.47
Industry Co., Ltd..........................................
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Disclosure
We intend to disclose the calculations performed for the final
results of this review 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 covered by
this review. For Shanghai Yueda, whose weighted-average dumping margin
is not zero or de minimis (i.e., less than 0.5 percent), Commerce will
calculate per-unit importer-specific assessment rates by dividing the
total amount of dumping for reviewed sales of subject merchandise to
that importer (or customer) by the total quantity sold to that importer
(or customer).
We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the
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importer-specific assessment rate calculated is above de minimis (i.e.,
0.50 percent). To determine whether the duty assessment rates are de
minimis, in accordance with the requirement set forth in 19 CFR
351.106(c)(2), we calculate importer- (or customer-) specific ad
valorem ratios based on the estimated entered value. Where an importer-
specific per-unit assessment rate is zero or de minimis, Commerce will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\9\ For U.S. entries that were not reported in the
U.S. sales data submitted by Shanghai Yueda, but that entered under
Shanghai Yueda's case number (i.e., at its cash deposit rate), Commerce
will instruct CBP to liquidate such entries at the cash deposit rate
for the China-wide entity (i.e., 118.04 percent).
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\9\ See 19 CFR 351.106(c)(2).
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We will instruct CBP to apply an ad valorem assessment rate of
118.04 percent to all POR entries of subject merchandise which were
exported by the companies in the China-wide entity, including Dezhou
Hualude Hardware Products Co., Ltd. and S-Mart (Tianjin) Technology
Development Co., Ltd. In addition, we will instruct CBP to assess any
suspended entries of subject merchandise associated with the companies
listed in the ``Final Determination of No Shipments'' section above at
the China-wide rate.\10\
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\10\ For a full discussion of this practice, see Assessment
Practice Refinement, 76 FR at 65694.
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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
The following cash deposit requirements will be effective upon
publication of these final results 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 Shanghai Yueda, the cash deposit rate
will be equal to the weighted-average dumping margin listed in the
table above; (2) for previously examined Chinese and non-Chinese
exporters not listed above that received a separate rate in a prior
completed segment of this proceeding, 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 (i.e., 118.04 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 that supplied that non-Chinese
exporter. These 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 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 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 21, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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: Surrogate Financial Statements
Comment 2: Calculation of Financial Ratios
Comment 3: Inclusion of Non-Participating Companies in Customs
Instructions
Comment 4: Surrogate Value for Steel Scrap
VI. Recommendation
[FR Doc. 2024-04075 Filed 2-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 28, 2024.
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