[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58744-58746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23280]


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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 the Antidumping Duty Administrative Review; 
2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') is conducting the 
fifth administrative review of the antidumping duty order on certain 
steel nails (``nails'') from the People's Republic of China 
(``PRC'').\1\ The Department preliminarily determines that Stanley 
Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black & 
Decker, Inc. (collectively ``Stanley'') and Xi'an Metals & Minerals 
Import & Export Co. Ltd. (``Xi'an Metals'') sold subject merchandise in 
the United States at prices below normal value (``NV'') during the 
period of review (``POR''), August 1, 2012, through July 31, 2013. If 
these preliminary results are adopted in the final results, the 
Department will instruct U.S. Customs and Border Protection (``CBP'') 
to assess antidumping duties on all appropriate entries of subject 
merchandise during the POR. Interested parties are invited to comment 
on these preliminary results.
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    \1\ 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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DATES: Effective Date: September 30, 2014.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Susan Pulongbarit, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone 202-482-2312 
or 202-482-4031, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 2, 2013, the Department initiated the fifth 
administrative review of the antidumping duty order on nails from the 
PRC for the period August 1, 2012, through July 31, 2013.\2\ As 
explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\3\ On April 28, 
2014, the Department fully extended the deadline for issuing the 
preliminary results by 120 days.\4\ The revised

[[Page 58745]]

deadline for the preliminary results of this administrative is now 
September 18, 2014.
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
60834 (October 2, 2013) (``Initiation Notice''). On November 8, 
2013, the Department published a second notice to list two companies 
that were inadvertently omitted from the Initiation Notice. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 78 FR 67104 (November 8, 
2013).
    \3\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
    \4\ See Memorandum to Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, through James C. 
Doyle, Director, Office V, Antidumping and Countervailing Duty 
Operations regarding ``Certain Steel Nails from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
2012-2013 Antidumping Duty Administrative Review,'' dated April 28, 
2014.
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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 subject to 
the order are currently classified under the Harmonized Tariff Schedule 
of the United States (``HTSUS'') subheadings 7317.00.55, 7317.00.65, 
7317.00.75, and 7907.00.6000.\5\ While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.\6\
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    \5\ The Department recently added the Harmonized Tariff Schedule 
category 7907.00.6000, ``Other articles of zinc: Other,'' to the 
language of the Order. See Memorandum to Gary Taverman, Senior 
Advisor for Antidumping and Countervailing Duty Operations, through 
James C. Doyle, Director, Office 9, Antidumping and Countervailing 
Duty Operations, regarding ``Certain Steel Nails from the People's 
Republic of China: Cobra Anchors Co. Ltd. Final Scope Ruling,'' 
dated September 19, 2013.
    \6\ See ``Certain Steel Nails from the People's Republic of 
China: Decision Memorandum for the Preliminary Results of the 2012-
2013 Antidumping Duty Administrative Review,'' dated concurrently 
with and hereby adopted by this notice (``Preliminary Decision 
Memorandum''), for a complete description of the Scope of the Order.
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Methodology

    The Department conducted this review in accordance with sections 
751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended 
(``Act''). Constructed export prices and export prices have been 
calculated in accordance with section 772 of the Act. Because the PRC 
is a non-market economy 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. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov, and is 
available to all parties in the Central Records Unit, room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Use of Facts Available

    For purposes of these preliminary results, we relied on facts 
available, in accordance with section 776(a)(1) the Act, in determining 
to use the wire drawing factors of production data from one of 
Stanley's tollers in lieu of incomplete data provided by Stanley's 
other toller, whose data accounted for a small portion of Stanley's 
wire-drawing activity. For a full discussion of this issue, see the 
Preliminary Decision Memorandum at 9.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period August 1, 2012, 
through July 31, 2013:

------------------------------------------------------------------------
                                                 Weighted-average margin
                    Exporter                             (percent)
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Stanley........................................                     6.69
Xi'an Metals...................................                    72.40
Chiieh Yung Metal Ind. Corp....................                    10.48
Dezhou Hualude Hardware Products Co., Ltd......                    10.48
Huanghua Jinhai Hardware Products Co. Ltd......                    10.48
Nanjing Yuechang Hardware Co., Ltd.............                    10.48
Qingdao D&L Group Ltd..........................                    10.48
Qingdao JISCO Co., Ltd.........................                    10.48
SDC International Aust. PTY. LTD...............                    10.48
Shandong Dinglong Import & Export Co., Ltd.....                    10.48
Shanghai Curvet Hardware Products Co., Ltd.....                    10.48
Shanghai Yueda Nails Industry Co., Ltd.........                    10.48
Shanxi Hairui Trade Co., Ltd...................                    10.48
Shanxi Pioneer Hardware Industrial Co., Ltd....                    10.48
Shanxi Tianli Industries Co., Ltd..............                    10.48
S-Mart (Tianjin) Technology Development Co.,                       10.48
 Ltd...........................................
Suntec Industries Co., LTD.....................                    10.48
Tianjin Jinghai County Hongli Industry and                         10.48
 Business Co., Ltd.............................
Tianjin Universal Machinery Imp. & Exp.                            10.48
 Corporation...................................
Tianjin Zhonglian Metals Ware Co., Ltd.........                    10.48
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Disclosure, Public Comment and Opportunity To Request a Hearing

    The Department will disclose the calculations used in our analysis 
to parties in this review within five days of the date of publication 
of this notice in accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\7\ Rebuttals to case briefs, which must be limited to 
issues raised in the case briefs, must be filed within five days after 
the time limit for filing case briefs.\8\ Parties who submit arguments 
are requested to submit with the argument (a) a statement of the issue, 
(b) a brief summary of the argument, and (c) a table of authorities.\9\ 
Parties submitting briefs should do so pursuant to the Department's 
electronic filing system, IA ACCESS.
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    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ See 19 CFR 351.309(d)(1)-(2).
    \9\ See 19 CFR 351.309(c)(2), (d)(2).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\10\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues

[[Page 58746]]

to be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.\11\
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\12\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
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    \12\ See 19 CFR 351.212(b).
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    For assessment purposes, the Department 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.\13\ For any individually 
examined respondent whose weighted average dumping margin is above de 
minimis (i.e., 0.50 percent) in the final results of this review, the 
Department 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 to the total entered value of sales, in 
accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-) 
specific ad valorem rate is greater than de minimis, the Department 
will instruct CBP to collect the appropriate duties at the time of 
liquidation.\14\ Where either a respondent's weighted average dumping 
margin is zero or de minimis, or an importer- (or customer-) specific 
ad valorem is zero or de minimis, the Department will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\15\ 
For the respondents that were not selected for individual examination 
in this administrative review and that qualified for a separate rate, 
the assessment rate will be based on the average of the mandatory 
respondents.\16\ We intend to instruct CBP to liquidate entries 
containing subject merchandise exported by the PRC-wide entity at the 
PRC-wide rate.
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    \13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
    \14\ See 19 CFR 351.212(b)(1).
    \15\ See 19 CFR 351.106(c)(2).
    \16\ See Preliminary Decision Memorandum.
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    Pursuant to the Department's practice, for entries that were not 
reported in the U.S. sales databases submitted by companies 
individually examined during the administrative review, the Department 
will instruct CBP to liquidate such entries at the PRC-wide rate. 
Additionally, if the Department determines that an exporter had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the PRC-wide rate.\17\
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    \17\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For the companies listed above 
that have a separate rate, the cash deposit rate will be that 
established in the final results of this review (except, if the rate is 
zero or de minimis, then zero cash deposit will be required); (2) for 
previously investigated or reviewed PRC and non-PRC exporters not 
listed above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the PRC-wide entity; 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 exporter that supplied that non-PRC exporter. These 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 the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This preliminary determination is issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: September 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Case History
2. Scope of the Order
3. Preliminary Determination of No Shipments
4. Non-Market Economy Country Status
5. Separate Rates
6. PRC-Wide Entity
7. Facts Available
8. Surrogate Country
9. Date of Sale
10. Comparisons to Normal Value
11. Determination of Comparison Method
12. Results of Differential Pricing Analysis
13. U.S. Price
14. Normal Value
15. Factor Valuations
16. Currency Conversion

[FR Doc. 2014-23280 Filed 9-29-14; 8:45 am]
BILLING CODE 3510-DS-P