Notice2025-10947
Certain Steel Nails From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Rescission of Review, 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
June 16, 2025
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, 2022, through July 31, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 114 (Monday, June 16, 2025)</title>
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[Federal Register Volume 90, Number 114 (Monday, June 16, 2025)]
[Notices]
[Pages 25220-25222]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10947]
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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 Final Rescission
of Review, In Part; 2022-2023
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. (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.
DATES: Applicable June 16, 2025.
FOR FURTHER INFORMATION CONTACT: 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) 482-1216.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2024, Commerce published the Preliminary Results
of this administrative review.\1\ On December 9, 2024, Commerce tolled
certain deadlines in this administrative proceeding by 90 days.\2\ On
March 20, 2025, Commerce extended the deadline for the final results by
42 days.\3\ On May 15, 2025, Commerce further extended the deadline for
the final results. The current deadline for the final results of this
review is June 10, 2025.\4\ For the events subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\5\
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\1\ See 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, 89 FR 74882 (September 13,
2024) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated March 20, 2025.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated May 15, 2025.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review of Certain
Steel Nails from the People's Republic of China; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order \6\
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\6\ 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 a review of the record and comments received from
interested
[[Page 25221]]
parties regarding the Preliminary Results, and for the reasons
explained in the Issues and Decision Memorandum, Commerce made certain
changes to the margin calculations for Shanghai Yueda.\7\
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\7\ See 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 Recission of Review, in Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\8\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the AD
assessment rate calculated for the review period.\9\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct U.S. Customs and Border
Protection (CBP) to liquidate at the AD assessment rate calculated for
the review period.\10\
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\8\ See, e.g., Dioctyl Terephthalate from the Republic of Korea:
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to-Length Plate from the Federal Republic of Germany: Recission of
Antidumping Administrative Review; 2020-2021, 88 FR 4154 (January
24, 2023).
\9\ See 19 CFR 351.212(b)(1).
\10\ See 19 CFR 351.213(d)(3).
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On September 6, 2024, we issued a memorandum to all interested
parties listing eight companies for which we initiated this
administrative review and for which there was no evidence of any
suspended entries during the POR.\11\ See Appendix II for a list of
these companies. We invited parties to comment, and we received no
comments. Accordingly, in the absence of suspended entries of subject
merchandise during the POR, we are hereby rescinding this
administrative review for these eight companies, in accordance with 19
CFR 351.213(d)(3).
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\11\ See Preliminary Results PDM.
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China-Wide Entity
In our Preliminary Results, we determined that S-Mart (Tianjin)
Technology Development Co., Ltd. (S-Mart) failed to establish its
eligibility for a separate rate because it did not file a separate rate
application with Commerce. As such, we preliminarily determined that S-
Mart is part of the China-wide entity.\12\ We received no arguments
since the issuance of the Preliminary Results that provide a basis for
reconsideration of this determination. Therefore, for these final
results, we continue to find that S-Mart is a part of the China-wide
entity.
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\12\ 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
Commerce determines that the following estimated weighted-average
dumping margin exists for the period August 1, 2022, through July 31,
2023:
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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 11.73
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)(A) 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, which has been assigned a weighted-
average dumping margin that is not zero or de minimis (i.e., less than
0.5 percent), we calculated importer-specific per-unit 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 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.\13\
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\13\ See 19 CFR 351.106(c)(2).
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Pursuant to a refinement in our non-market economy practice, for
sales that were not reported in the U.S. sales data submitted by
Shanghai Yueda, we will instruct CBP to liquidate entries associated
with those sales at the rate for the China-wide entity. For entries of
subject merchandise during the POR produced by Shanghai Yueda for which
they did not know their merchandise was destined for the United States,
we intend to instruct CBP to liquidate such entries at the China-wide
rate if there is no rate for the intermediate company or companies
involved in the transaction.
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 S-Mart.
In addition, we will instruct CBP to assess any suspended entries of
subject merchandise associated with the companies listed in the
``Recission of Review'' section above 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 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
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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: June 10, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
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 Country Selection and Selection of
Surrogate Values and Financial Statements
Comment 2: Whether Commerce Should Collapse Shanghai Yueda Nails
Co., Ltd. (Shanghai Yueda) and Shanghai Yueda Nails (Chuzhou) Ltd.
(Chuzhou Yueda)
Comment 3: Timeliness of Shanghai Yueda's Surrogate Value
Submission
Comment 4: Correction to Movement Expenses
Comment 5: Correction to Unit of Measurement for U.S. Quantity
Comment 6: Correction to Packing Cost Calculation
VI. Recommendation
Appendix II
Companies for Which the Administrative Review Has Been Rescinded
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. 2025-10947 Filed 6-13-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 16, 2025.
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