Notice2024-07011
Certain Collated Steel Staples From the People's Republic of China: Preliminary Determination of No Shipments and Partial Rescission of Administrative Review; 2022-2023
Primary source
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Published
April 3, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Zhejiang Best Nail Industrial Co., Ltd. and its affiliated exporter Shaoxing Bohui Import & Export Co., Ltd. (Best Nail/Shaoxing Bohui) made no shipments of subject merchandise during the period of review (POR) July 1, 2022, through June 30, 2023. In addition, we are rescinding the administrative review with respect to Shanghai Yueda Nail Co., Ltd. (Shanghai Yueda); Tianjin Hweschun Fasteners Manufacturing, Co., Ltd. (Tianjin Hweschun); Vina Hardwares Joint Stock Company (Vina Hardwares); YF Technology Corporation (Thailand) Ltd.; and YF Technology Corporation Limited because the requests for review for these companies were timely withdrawn. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 65 (Wednesday, April 3, 2024)</title>
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[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Notices]
[Pages 22991-22993]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07011]
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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 Determination of No Shipments and Partial Rescission
of Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Zhejiang Best Nail Industrial Co., Ltd. and its
affiliated exporter Shaoxing Bohui Import & Export Co., Ltd. (Best
Nail/Shaoxing Bohui) made no shipments of subject merchandise during
the period of review (POR) July 1, 2022, through June 30, 2023. In
addition, we are rescinding the administrative review with respect to
Shanghai Yueda Nail Co., Ltd. (Shanghai Yueda); Tianjin Hweschun
Fasteners Manufacturing, Co., Ltd. (Tianjin Hweschun); Vina Hardwares
Joint Stock Company (Vina Hardwares); YF Technology Corporation
(Thailand) Ltd.; and YF Technology Corporation Limited because the
requests for review for these companies were timely withdrawn. We
invite interested parties to comment on these preliminary results.
DATES: Applicable April 3, 2024.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Kate Johnson, 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)
482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 11, 2023, in accordance with 19 CFR 351.221(c)(1)(i),
Commerce initiated an administrative review of the antidumping duty
order on certain collated steel staples (staples) from the People's
Republic of China (China) with respect to the following companies: Best
Nail/Shaoxing Bohui; Shanghai Yueda; Tianjin Hweschun; Vina Hardwares;
YF Technology Corporation (Thailand) Ltd.; and YF Technology
Corporation Limited.\1\ In accordance with the publication of the
Initiation Notice, Commerce released data obtained from the U.S.
Customs and Border Protection (CBP) with respect to entries of staples
from China for the POR and invited comments on the data for respondent
selection purposes.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation
Notice).
\2\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated September 15, 2023 (CBP Entry Data).
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On October 4, 2023, Vina Hardwares timely withdrew its request for
an administrative review.\3\ On October 11, 2023, Best Nail/Shaoxing
Bohui submitted a no shipment claim for this POR segment.\4\ In
response to a no-shipment inquiry Commerce issued to CBP, on October
25, 2024, CBP responded that it had no record of any subject entries
for Best Nail/Shaoxing Bohui.\5\
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\3\ See Vina Hardwares' Letter, ``Withdrawal of Request for
Administrative Review,'' dated October 4, 2023.
\4\ See Best Nail/Shaoxing Bohui's Letter, ``Submission of
Statement of No Shipment,'' dated October 11, 2023.
\5\ See Memorandum, ``No Shipment Inquiry for Zhejiang Best Nail
Industrial Co., Ltd. and Shaoxing Bohui Import & Export Co., Ltd.
during the period 07/01/2022 through 06/30/2023,'' dated November 6,
2023 (CBP No Shipment Memo). Prior to issuing our no-shipment
inquiry to CBP and receiving CBP's response to that inquiry, we
requested entry documentation for a certain entry in the CBP Entry
Data that appeared to be associated with Best Nail/Shaoxing Bohui.
We placed this entry documentation on the record of this review on
January 19, 2024, and provided parties the opportunity to comment on
the information. No party submitted comments.
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On November 6, 2023, we selected Shanghai Yueda and Tianjin
Hweschun as the mandatory respondents in this administrative review.\6\
We subsequently issued Commerce's antidumping duty questionnaire to
these two companies.
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\6\ See Memorandum, ``Respondent Selection,'' dated November 6,
2023.
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On December 7 and 11, 2023, Shanghai Yueda and Tianjin Hweschun,
respectively, withdrew their requests for administrative review.\7\ On
December 11, 2023, Kyocera Senco Industrial Tools, Inc. (Kyocera
Senco), a domestic producer of staples, withdrew its request for an
administrative review of Tianjin Hweschun.\8\ On this same date, Black
& Decker, a U.S. importer, withdrew its request for an administrative
review of YF Technology Corporation (Thailand) Ltd. and YF Technology
Corporation Limited.\9\
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\7\ See Shanghai Yueda's Letter, ``Withdrawal of Request for
Administrative Review and Request for Suspension of Deadlines,''
dated December 7, 2023; and Tianjin Hweschun's Letter, ``Withdrawal
of Request for Administrative Review,'' dated December 11, 2023.
\8\ See Kyocera Senco's Letter, ``Withdrawal of Request for
Administrative Review,'' dated December 11, 2023.
\9\ See Black & Decker's Letter, ``Withdrawal of Request for
Administrative Review, dated December 11, 2023.
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[[Page 22992]]
Scope of the Order <SUP>10</SUP>
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\10\ 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 scope of this Order is certain
collated steel staples. Certain collated steel staples subject to this
investigation are made from steel wire having a nominal diameter from
0.0355 inch to 0.0830 inch, inclusive, and have a nominal leg length
from 0.25 inch to 3.0 inches, inclusive, and a nominal crown width from
0.187 inch to 1.125 inch, inclusive. Certain collated steel staples may
be manufactured from any type of steel, and are included in the scope
of this Order regardless of whether they are uncoated or coated, and
regardless of the type or number of coatings, including but not limited
to coatings to inhibit corrosion.
Certain collated steel staples may be collated using any material
or combination of materials, including but not limited to adhesive,
glue, and adhesive film or adhesive or paper tape.
Certain collated steel staples are generally made to American
Society for Testing and Materials (ASTM) specification ASTM F1667-18a,
but can also be made to other specifications.
Excluded from the scope of this Order are any carton-closing
staples covered by the scope of the antidumping duty order on Carton-
Closing Staples from the People's Republic of China. See Carton-Closing
Staples from the People's Republic of China: Antidumping Duty Order, 83
FR 20792 (May 8, 2018).
Also excluded are collated fasteners commonly referred to as ``C-
ring hog rings'' and ``D-ring hog rings'' produced from stainless or
carbon steel wire having a nominal diameter of 0.050 to 0.081 inches,
inclusive. C-ring hog rings are fasteners whose legs are not
perpendicular to the crown, but are curved inward resulting in the
fastener forming the shape of the letter ``C''. D-ring hog rings are
fasteners whose legs are straight but not perpendicular to the crown,
instead intersecting with the crown at an angle ranging from 30 degrees
to 75 degrees. The hog rings subject to the exclusion are collated
using glue, adhesive, or tape. The hog rings subject to this exclusion
have either a 90 degree blunt point or 15-75 degree divergent point.
Certain collated steel staples subject to this Order are currently
classifiable under subheading 8305.20.0000 of the Harmonized Tariff
Schedule of the United States (HTSUS). While the HTSUS subheading and
ASTM specification are provided for convenience and for customs
purposes, the written description of the subject merchandise is
dispositive.
Rescission of Administrative Review, in Part
As discussed above, the review requests for Shanghai Yueda, Tianjin
Hweschun, Vina Hardwares, YF Technology Corporation (Thailand) Ltd.,
and YF Technology Corporation Limited have all been withdrawn. Pursuant
to 19 CFR 351.213(d)(1), Commerce will rescind an administrative
review, in whole or in part, if the parties that requested a review
withdraw their request within 90 days of the date of publication of the
notice of initiation. Because no other parties requested a review of
the above five companies, Commerce is rescinding this review, in part,
with respect to these companies. As such, only Best Nail/Shaoxing Bohui
remain under review.
Preliminary Determination of No Shipments
In the Initiation Notice, we instructed producers or exporters
under review that had no exports, sales, or entries of subject
merchandise during the POR to notify Commerce within 30 days of
publication of the notice. As noted above, Best Nail/Shaoxing Bohui
timely submitted a no-shipment certification. Based on an analysis of
information from CBP, we preliminarily determine that the information
on the record does not contradict Best Nail/Shaoxing Bohui's no-
shipment certification.\11\
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\11\ See CBP No Shipment Memo and Memorandum, ``Placing CBP
Entry Documents on the Record,'' dated January 19, 2024.
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Consistent with our practice in non-market economy (NME) cases, we
are not rescinding this review with respect to Best Nail/Shaoxing Bohui
but, rather, we intend to complete the review and issue appropriate
instructions to CBP based on the final results of the review.\12\
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\12\ 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, below.
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The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\13\ 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) \14\ is not subject to change.
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\13\ 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).
\14\ See Order, 85 FR at 43816.
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Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with the preliminary results
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of the preliminary results in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce is rescinding the review
for five companies and preliminarily finding that Best Nail/Shaoxing
Bohui made no shipments of subject merchandise during the POR, there
are no calculations to disclose. Given these facts, there is no
decision memorandum accompanying this notice.
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice.\15\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for
filing case briefs.\16\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\17\
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\15\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general
filing requirements).
\16\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\17\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\18\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
[[Page 22993]]
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\19\
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\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See APO and Service Final Rule.
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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, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Assessment Rates
For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess antidumping duties
on all appropriate entries at a rate equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period July 1,
2022, through June 30, 2023, in accordance with 19 CFR
351.212(c)(1)(i). We intend to issue assessment instructions to CBP for
these companies no earlier than 35 days after the date of publication
of this notice in the Federal Register.
In addition, if we continue to find no POR shipments of subject
merchandise for Best Nail/Shaoxing Bohui in the final results, any
suspended entries of subject merchandise associated with this company
will be liquidated at the China-wide rate.\20\ For this company, we
intend 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).
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\20\ See NME AD Assessment.
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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 POR. 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 doubled antidumping duties, and/or an
increase in the amount of the antidumping duties by the amount of the
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR
351.221(b)(4).
Dated: March 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-07011 Filed 4-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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