[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Notices]
[Pages 23279-23281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10083]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: Amended 
Final Results of the First Antidumping Duty Administrative Review

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

DATES: Effective Date: April 26, 2011.

FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe or Matthew Renkey, 
AD/CVD Operations, Office 9, Import Administration, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-0219 or (202) 
482-2312, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 23, 2011, the Department of Commerce (``Department'') 
published the final results of the first administrative review of the 
antidumping duty order on certain steel nails (``steel nails'') from 
the People's Republic of China (``PRC'').\1\ Also on March 23, 2011, 
respondent Stanley \2\ filed a timely allegation that the Department 
made two ministerial errors in the Final Results and requested, 
pursuant to 19 CFR 351.224, that the Department correct the alleged 
ministerial errors. On March 28, 2011, Petitioner \3\ submitted 
comments rebutting one of the errors alleged by Stanley. No other party 
in this proceeding submitted comments on the Department's final margin 
calculations. Based upon our analysis of the comments and allegations 
of ministerial errors, we have made changes to the margin calculations 
for Stanley, which in turn will also affect the margin for the 
separate-rate companies, as it was the only individually-reviewed 
respondent to receive a calculated rate.\4\
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    \1\ See Certain Steel Nails From the People's Republic of China: 
Final Results of the First Antidumping Duty Administrative Review, 
76 FR 16379 (March 23, 2011) (``Final Results'').
    \2\ The Stanley Works (Langfang) Fastening Systems Co., Ltd., 
the Stanley Works/Stanley Fastening Systems LP, and an unaffiliated 
wire drawing subcontractor are collectively referred to as 
``Stanley'' in this administrative review.
    \3\ Mid Continent Nail Corporation.
    \4\ See Final Results, 76 FR at 16381-16382.
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Scope of the Order

    The merchandise covered by the order includes certain steel nails 
having a shaft length up to 12 inches. Certain steel nails include, but 
are not limited to, nails made of round wire and nails that are cut. 
Certain steel nails may be of one piece construction or constructed of 
two or more pieces. Certain steel nails may be produced from any type 
of steel, and have a variety of finishes, heads, shanks, point types, 
shaft lengths and shaft diameters. Finishes include, but are not 
limited to, coating in vinyl, zinc (galvanized, whether by 
electroplating or hot-dipping one or more times), phosphate cement, and 
paint. Head styles include, but are not limited to, flat, projection, 
cupped, oval, brad, headless, double, countersunk, and sinker. Shank 
styles include, but are not limited to, smooth, barbed, screw threaded, 
ring shank and fluted shank styles. Screw-threaded nails subject to 
this proceeding are driven using direct force and not by turning the 
fastener using a tool that engages with the head. Point styles include, 
but are not limited to, diamond, blunt, needle, chisel and no point. 
Finished nails may be sold in bulk, or they may be collated into strips 
or coils using materials such as plastic, paper, or wire. Certain steel 
nails subject to this proceeding are currently classified under the 
Harmonized Tariff Schedule of the United States (``HTSUS'') subheadings 
7317.00.55, 7317.00.65 and 7317.00.75.
    Excluded from the scope of this proceeding are roofing nails of all 
lengths and diameter, whether collated or in bulk, and whether or not 
galvanized. Steel roofing nails are specifically enumerated and 
identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 
nails. Also excluded from the scope of this proceeding are corrugated 
nails. A corrugated nail is made of a small strip of corrugated steel 
with sharp points on one side. Also excluded from the scope of this 
proceeding are fasteners suitable

[[Page 23280]]

for use in powder-actuated hand tools, not threaded and threaded, which 
are currently classified under HTSUS 7317.00.20 and 7317.00.30. Also 
excluded from the scope of this proceeding are thumb tacks, which are 
currently classified under HTSUS 7317.00.10.00. Also excluded from the 
scope of this proceeding are certain brads and finish nails that are 
equal to or less than 0.0720 inches in shank diameter, round or 
rectangular in cross section, between 0.375 inches and 2.5 inches in 
length, and that are collated with adhesive or polyester film tape 
backed with a heat seal adhesive. Also excluded from the scope of this 
proceeding are fasteners having a case hardness greater than or equal 
to 50 HRC, a carbon content greater than or equal to 0.5 percent, a 
round head, a secondary reduced-diameter raised head section, a 
centered shank, and a smooth symmetrical point, suitable for use in 
gas-actuated hand tools.
    While the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of this 
proceeding is dispositive.

Amended Final Results of the Review

    The Tariff Act of 1930, as amended (``Act''), defines a 
``ministerial error'' as including ``errors in addition, subtraction, 
or other arithmetic function, clerical errors resulting from inaccurate 
copying, duplication, or the like, and any other type of unintentional 
error which the administering authority considers ministerial.'' See 
section 751(h) of the Act; see also 19 CFR 351.224(e). After analyzing 
Stanley's comments and Petitioner's rebuttal comments, we have 
determined that we made certain ministerial errors, as defined by 
section 751(h) of the Act, in our calculations for the Final Results.
    First, we agree with Stanley that we made a ministerial error in 
the calculation of the surrogate financial ratios of Nasco Steel Pvt., 
Ltd. (``Nasco''), which were used in Stanley's margin calculation. 
Specifically, the Department inadvertently used the column for total 
depreciation from Schedule 4 of the financial statement, when we 
instead intended to use the column for depreciation during the fiscal 
year. Additionally, when reviewing the financial ratio calculations for 
Nasco to correct the above error, we also noted another inadvertent 
error in the calculation for the net change in inventory. Lastly, we 
disagree with Stanley's second ministerial error allegation, regarding 
whether net U.S. prices and normal value were calculated on the same 
weight basis. The Department's selection of denominators represents an 
intentional methodological choice consistent with the scope of the 
order and does not constitute a ministerial error within the context of 
section 751(h) of the Act or 19 CFR 351.224(f). For a detailed 
discussion of these ministerial errors, as well as the Department's 
analysis of these errors, see Memorandum to James C. Doyle, from 
Matthew Renkey, regarding ``First Antidumping Duty Administrative 
Review of Certain Steel Nails from the People's Republic of China: 
Ministerial Error Memorandum,'' dated concurrently with this notice.
    Therefore, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), we are amending the Final Results of the administrative 
review of certain steel nails from the PRC. Listed below are the 
revised weighted average dumping margins for these amended final 
results:

------------------------------------------------------------------------
                                                               Weighted
                                                               average
                          Exporter                              margin
                                                              (percent)
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1) Stanley.................................................        10.63
2) Aironware (Shanghai) Co., Ltd...........................        10.63
3) Chiieh Yung Metal Ind. Corp.............................        10.63
4) China Staple Enterprise (Tianjin) Co., Ltd..............        10.63
5) Dezhou Hualude Hardware Products Co., Ltd...............        10.63
6) Faithful Engineering Products Co., Ltd..................        10.63
7) Hengshui Mingyao Hardware & Mesh Products Co., Ltd......        10.63
8) Huanghua Jinhai Hardware Products Co., Ltd..............        10.63
9) Huanghua Xionghua Hardware Products Co., Ltd............        10.63
10) Jisco Corporation......................................        10.63
11) Koram Panagene Co., Ltd................................        10.63
12) Nanjing Yuechang Hardware Co., Ltd.....................        10.63
13) Qidong Liang Chyuan Metal Industry Co., Ltd............        10.63
14) Qingdao D & L Group Ltd................................        10.63
15) Romp (Tianjin) Hardware Co., Ltd.......................        10.63
16) Shandong Dinglong Import & Export Co., Ltd.............        10.63
17) Shanghai Jade Shuttle Hardware Tools Co., Ltd..........        10.63
18) Shouguang Meiqing Nail Industry Co., Ltd...............        10.63
19) Tianjin Jinchi Metal Products Co., Ltd.................        10.63
20) Tianjin Jinghai County Hongli Industry & Business Co.,         10.63
 Ltd.......................................................
21) Tianjin Zhonglian Metals Ware Co., Ltd.................        10.63
22) Wintime Import & Export Corporation Limited of                 10.63
 Zhongshan.................................................
23) Zhejiang Gem-Chun Hardware Accessory Co., Ltd..........        10.63
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Disclosure

    We will disclose the calculations performed for these amended final 
results within five days of the date of publication of this notice to 
interested parties in accordance with 19 CFR 351.224(b).

Assessment Rates

    Upon issuance of the amended final results, the Department will 
determine, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries. The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the amended final results of review, excluding any 
reported sales that entered during the gap period.\5\ Pursuant to 19 
CFR 351.212(b)(1), we will calculate importer-specific (or customer-
specific) ad valorem duty assessment rates based on the ratio of the 
total amount of the dumping margins calculated for the examined sales 
to the total entered value of those same sales. In accordance with 19 
CFR 351.106(c)(2), we will instruct CBP to liquidate, without regard to 
antidumping duties, all entries of subject merchandise during the 
period of review for which the importer-specific assessment rate is 
zero or de minimis. For the companies receiving a separate rate that 
were not selected for individual review, we will calculate an 
assessment rate based on the simple average of the cash deposit rates 
calculated for the companies selected for individual review pursuant to 
section 735(c)(5)(B) of the Act.
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    \5\ The gap period represents the period of time after the 
expiration of the 180-day provisional measures period during the 
original investigation, to the day prior to the U.S. International 
Trade Commission's final determination. In the instant case, the gap 
period is July 22, 2008, to July 24, 2008.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively on any entries made on or after March 23, 2011, the date 
of publication of the Final Results, for all shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date, as provided for by section 751(a)(2)(C) of 
the Act: (1) For the exporters listed above, the cash deposit rate will 
be established in the amended final results of this review (except, if 
the rate is zero or de minimis, i.e., less than 0.5 percent, no cash 
deposit will be required for that company); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have

[[Page 23281]]

separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all PRC 
exporters of subject merchandise which have not been found to be 
entitled to a separate rate, the cash deposit rate will be the PRC-wide 
rate of 118.04 percent; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporters that supplied 
that non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.
    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: April 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-10083 Filed 4-25-11; 8:45 am]
BILLING CODE 3510-DS-P