[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Page 11909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6155]



[[Page 11909]]

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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-909


Certain Steel Nails from the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: March 20, 2009.
SUMMARY:  The Department of Commerce (``Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on certain steel nails (``steel nails'') from the People's 
Republic of China (``PRC''), received on February 25, 2009, meets the 
statutory and regulatory requirements for initiation. The period of 
review (``POR'') for this NSR is January 23, 2008, through January 31, 
2009.\1\
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    \1\ The POR of February 1, 2008, through January 31, 2009, 
listed in the NSR request submitted by Qingdao Denarius Manufacture 
Co., Ltd (``Qingdao Denarius'') on February 25, 2009, was incorrect. 
The correct POR is January 23, 2008, through January 31, 2009, 
because the suspension of liquidation began on January 23, 2008. See 
19 CFR 351.214(g)(ii)(B).

FOR FURTHER INFORMATION CONTACT: Tim Lord, AD/CVD Operations, Office 9, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
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Washington, DC 20230; telephone: 202-482-7425.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on certain steel 
nails from the PRC was published in the Federal Register on August 1, 
2008. See Notice of Antidumping Duty Order: Certain Steel Nails From 
the People's Republic of China, 73 FR 44961 (August 1, 2008) 
(``Antidumping Duty Order''). On February 25, 2009, pursuant to section 
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``Act''), and 19 
CFR 351.214(c), the Department received a NSR request from Qingdao 
Denarius. Qingdao Denarius' request was properly made during February 
2009, which is the semi-annual anniversary of the Antidumping Duty 
Order. Qingdao Denarius certified that it is a producer and exporter of 
the subject merchandise upon which the request was based. Qingdao 
Denarius also submitted a public version, which adequately summarized 
proprietary information and provided explanations as to why certain 
proprietary information is not capable of summarization.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Qingdao Denarius certified that it did not export 
steel nails to the United States during the period of investigation 
(``POI''). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the 
Act and 19 CFR 351.214(b)(2)(iii)(A), Qingdao Denarius certified that, 
since the initiation of the investigation, it has never been affiliated 
with any Chinese exporter or producer who exported steel nails to the 
United States during the POI, including those not individually examined 
during the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), 
Qingdao Denarius also certified that its export activities were not 
controlled by the central government of the PRC.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Qingdao Denarius submitted documentation 
establishing the following: (1) the date on which Qingdao Denarius 
first shipped steel nails for export to the United States and the date 
on which the steel nails were first entered, or withdrawn from 
warehouse, for consumption; (2) the volume of its first shipment; and 
(3) the date of its first sale to an unaffiliated customer in the 
United States.
    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries in an attempt to confirm that Qingdao 
Denarius's shipments of subject merchandise had entered the United 
States for consumption and that liquidation of such entries had been 
properly suspended for antidumping duties. The Department also examined 
whether the CBP data confirmed that such entries were made during the 
NSR POR. The information we examined was consistent with that provided 
by Qingdao Denarius.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214, the 
Department finds that Qingdao Denarius meets the threshold requirements 
for initiation of a NSR for the shipments of steel nails from the PRC 
that it produced and exported. See ``Memorandum to the File from Tim 
Lord, Case Analyst, Initiation of AD New Shipper Review: Certain Steel 
Nails from the People's Republic of China (A-570-909)'' (March 16, 
2009).
    The Department intends to issue the preliminary results of this NSR 
no later than 180 days from the date of initiation, and the final 
results no later than 270 days from the date of initiation. See section 
751(a)(2)(B)(iv) of the Act.
    On August 17, 2006, the Pension Protection Act of 2006 (``H.R. 4'') 
was signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct CBP to collect a bond or other 
security in lieu of a cash deposit in new shipper reviews during the 
period of April 1, 2006, through June 30, 2009. Therefore, the posting 
of a bond or other security under section 751(a)(B)(iii) of the Act in 
lieu of a cash deposit is not available in this case. Importers of 
steel nails from the PRC manufactured and/or exported by Qingdao 
Denarius must continue to post cash deposits of estimated antidumping 
duties on each entry of subject merchandise at the current PRC-wide 
entity rate of 118.04 percent. See Antidumping Duty Order.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306. This 
initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: March 16, 2009.
John M. Andersen,
Acting Deputy Assistant Secretaryfor Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-6155 Filed 3-19-09; 8:45 am]
BILLING CODE 3510-DS-S