Notice2024-20760
Certain Steel Nails From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Intent To Rescind, in Part; 2022-2023
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
September 13, 2024
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, 2022, through July 31, 2023. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74882-74884]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20760]
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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
Intent To Rescind, in Part; 2022-2023
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, 2022, through July 31,
2023. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Hannah Lee, 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) 482-1216,
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 17, 2023.\1\ In addition to the mandatory respondent,
Shanghai Yueda, this review also covers nine other companies. On April
8, 2024, Commerce extended the preliminary results deadline until
August 30, 2024.\2\ On July 22, 2024, Commerce tolled certain deadlines
in this administrative proceeding by seven days.\3\ The deadline for
the preliminary results is now September 6, 2024.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 17, 2023).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 8,
2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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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 Preliminary
Decision Memorandum.\5\
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\5\ 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; 2022-2023,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Intent To Rescind Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an antidumping duty order where it
determines that there were no suspended entries of subject merchandise
during the POR.\6\ Normally, upon completion of an administrative
review, the suspended entries are liquidated at the antidumping duty
assessment rate for the review period.\7\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct Customs and Border
Protection (CBP) to liquidate at the calculated antidumping duty
assessment rate for the review period.\8\
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\6\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length
Plate from the Federal Republic of Germany: Recission of Antidumping
Administrative Review; 2020-2021, 88 FR 4157 (January 24, 2023).
\7\ See 19 CFR 351.212(b)(1).
\8\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F. Supp. 3d 1328, 1335-36 (CIT 2019) (referencing section 751(a)
of the Act, the U.S. Court of International Trade held that: ``While
the statute does not explicitly require that an entry be suspended
as a prerequisite for establishing entitlement to a review, it does
explicitly state the determined rate will be used as the liquidation
rate for the reviewed entries. This result can only obtain if the
liquidation of entries has been suspended . . .);'' see also Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2018-2019, 86 FR 36102, and
accompanying Issues and Decision Memorandum at Comment 4; and Solid
Fertilizer Grade Ammonium Nitrate from the Russian Federation:
Notice of Rescission of Antidumping Duty Administrative Review, 77
FR 65532 (October 29, 2012) (noting that ``for an administrative
review to be conducted, there must be a reviewable, suspended entry
to be liquidated at the newly calculated assessment rate'').
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[[Page 74883]]
On November 8, 2023, Commerce placed CBP entry data on the record
for U.S. imports of the subject merchandise during the POR for
respondent selection purposes.\9\ Eight companies under review have
existing separate rates but no suspended entries during the POR.\10\ In
the absence of any reviewable, suspended entries of subject merchandise
from these companies during the POR, Commerce hereby notifies all
interested parties of its intent to rescind this administrative review
with respect to these companies. Commerce is providing interested
parties with an opportunity to submit comments on this preliminary
decision, including factual information. Comments, including factual
information, from interested parties are due to Commerce no later than
seven days after the publication of these preliminary results. Rebuttal
comments, including rebuttal factual information, are due seven days
thereafter. All submissions must be filed electronically at <a href="http://access.trade.gov">http://access.trade.gov</a> in accordance with 19 CFR 351.303.
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\9\ See Memorandum, ``Release of Customs Entry Data for
Respondent Selection,'' dated November 8, 2023.
\10\ See Appendix II for a list of these companies.
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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>.
Separate Rates
We preliminarily determine that Shanghai Yueda is eligible for a
separate rate in this administrative review. Because S-Mart (Tianjin)
Technology Development Co., Ltd. (S-Mart) did not submit either a
separate rate application or a separate rate certification, it is not
eligible for a separate rate.
Preliminary Results of the Review
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: \11\
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\11\ 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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Weighted-average dumping
Exporter margin (percent ad
valorem)
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Shanghai Yueda Nails Co., Ltd., a.k.a. 7.14
Shanghai Yueda Nails Industry Co., Ltd.......
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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).
Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit a
case brief no later than 30 days after the date of publication of this
notice. 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.\12\ 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.\13\
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\12\ 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 Final Service Rule).
\13\ See 19 CFR 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.\14\ 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
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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Final Service 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.
Final Results of Review
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of issues raised in the case and rebuttal briefs, within 120 days of
the date of publication of this notice in the Federal Register.\16\
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\16\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h)(1).
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[[Page 74884]]
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.\17\ 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).
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\17\ See 19 CFR 351.212(b)(1).
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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).\18\
Commerce will also calculate estimated ad valorem importer-specific
assessment rates with which to assess whether the per-unit assessment
rate is de minimis.\19\ 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,\20\ we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties. 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.\21\
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\18\ 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).
\19\ 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.
\20\ See 19 CFR 351.106(c)(2).
\21\ See NME Practice for a full discussion.
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For the final results, if we continue to treat S-Mart 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 that company.
For the companies for which we intend to rescind the review in the
final results based on no reviewable entries, provided we receive no
contrary information, we intend to instruct CBP to assess antidumping
duties on all appropriate entries at a rate equal to the cash deposit
rate of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue assessment instructions to
CBP for these companies no earlier than 35 days after the date of
publication of the final results in the Federal Register.
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: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Intent to Rescind Review, In Part
V. Discussion of the Methodology
VI. Recommendation
Appendix II
Non-Selected Companies Under Review
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.
8. Xi'an Metals & Minerals Import & Export Co., Ltd.
[FR Doc. 2024-20760 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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