[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14092-14095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05994]


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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; 2013-2014

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

SUMMARY: The Department of Commerce (the ``Department'') published the 
Preliminary Results of the sixth administrative review of the 
antidumping duty order on certain steel nails from the People's 
Republic of China (``PRC'') on September 4, 2015.\1\ We gave interested 
parties an opportunity to comment on the Preliminary Results. Based 
upon our analysis of the comments and information received, we made 
changes to the margin calculation for these final results regarding one 
of the mandatory respondents, Stanley.\2\ We also continue to find that 
the other mandatory respondent, Shandong Oriental Cherry Hardware Group 
Co., Ltd. (``Shandong Oriental Cherry''), withheld requested 
information, significantly impeded this administrative review, and did 
not cooperate to the best of its ability. Accordingly, pursuant to 
sections 776(a) and (b) of the Tariff Act of 1930, as amended (``the 
Act''), we continue to apply total adverse facts available (``AFA'') to 
Shandong Oriental Cherry and find that it is not eligible for separate 
rate status and, thus, is part of the PRC-wide entity. The final 
dumping margins are listed below in the ``Final Results of 
Administrative Review'' section of this notice. The period of

[[Page 14093]]

review (``POR'') is August 1, 2013, through July 31, 2014.
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    \1\ See Certain Steel Nails from the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2013-2014, 80 FR 
53490 (September 4, 2015) (``Preliminary Results'') and accompanying 
Preliminary Decision Memorandum.
    \2\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and 
Stanley Black & Decker, Inc. (collectively, ``Stanley'').

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DATES: Effective Date: March 16, 2016.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Matthew Renkey, 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 202-482-1394 
or 202-482-2312, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on September 4, 
2015.\3\ On December 21, 2015, the Department extended the deadline in 
this proceeding by 60 days.\4\ As explained in the memorandum from the 
Acting Assistant Secretary for Enforcement and Compliance, the 
Department has exercised its discretion to toll all administrative 
deadlines due to the recent closure of the Federal Government. All 
deadlines in this segment of the proceeding have been extended by four 
business days. The revised deadline for the final results of this 
review is now March 7, 2016.\5\
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    \3\ See Preliminary Results.
    \4\ See Memorandum to Gary Taverman, ``Certain Steel Nails from 
the People's Republic of China: Extension of Deadline for Final 
Results of the Sixth Antidumping Duty Administrative Review,'' 
(December 21, 2015).
    \5\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Snowstorm 
Jonas,'' (January 27, 2016).
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    In accordance with 19 CFR 351.309, we invited parties to comment on 
our Preliminary Results. On October 30, 2015, Qingdao D&L, et al.,\6\ 
Nanjing Yuechang,\7\ National Nail,\8\ Petitioner,\9\ Shandong Oriental 
Cherry, and Tianjin Jinchi \10\ submitted timely-filed case briefs, 
pursuant to our regulations.\11\ Additionally, on November 6, 2015, 
Petitioner and Stanley submitted timely-filed rebuttal briefs.\12\ 
Moreover, on November 20, 2015, Stanley submitted its timely-filed case 
brief, pursuant to our regulations.\13\ Finally, on January 12, 2016, 
the Department held a public hearing where counsel for National Nail, 
Petitioner, Shandong Oriental Cherry, and Stanley presented issues 
raised in their case and rebuttal briefs.
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    \6\ Qingdao D&L Group Ltd. (``Qingdao D&L''), SDC International 
Aust. PTY. Ltd. (``SDC International''), Tianjin Lianda Group Co., 
Ltd. (``Tianjin Lianda''), and Tianjin Universal Machinery Import & 
Exp. Corporation (``Tianjin Universal'') (collectively, ``Qingdao 
D&L, et al.'').
    \7\ Nanjing Yuechang Hardware Co., Ltd. (``Nanjing Yuechang'').
    \8\ National Nail Corp. (``National Nail'').
    \9\ Mid Continent Steel & Wire, Inc. (``Petitioner'').
    \10\ Tianjin Jinchi Metal Products Co., Ltd. (``Tianjin 
Jinchi'').
    \11\ See Letter to the Secretary from Qingdao D&L, et al., 
``Certain Steel Nails from the People's Republic of China: Case 
Brief'' (October 30, 2015) (``Qingdao D&L, et al.'s Case Brief''); 
Letter to the Secretary from Nanjing Yuechang, ``Certain Steel Nails 
from the People's Republic of China; Case Brief'' (October 30, 2015) 
(``Nanjing Yuechang's Case Brief''); Letter to the Secretary from 
National Nail, ``Certain Steel Nails from the People's Republic of 
China: Case Brief'' (October 30, 2015); Letter to the Secretary from 
Petitioner, ``Certain Steel Nails from the People's Republic of 
China: Case Brief'' (October 30, 2015) (``Petitioner's Case 
Brief''); Letter to the Secretary from Shandong Oriental Cherry, 
``Certain Steel Nails from the People's Republic of China: Case 
Brief,'' (October 30, 2015) (``Shandong Oriental Cherry's Case 
Brief''); and Letter to the Secretary from Tianjin Jinchi, ``Certain 
Steel Nails from the People's Republic of China: Case Brief,'' 
(October 30, 2015) (``Tianjin Jinchi's Case Brief'').
    \12\ See Letter to the Secretary from Petitioner, ``Certain 
Steel Nails from China: Petitioner's Rebuttal Brief'' (November 6, 
2015) (``Petitioner's Rebuttal Brief''); and Letter to the Secretary 
from Stanley, ``Certain Steel Nails from China: Stanley's Rebuttal 
Brief'' (November 6, 2015) (``Stanley's Rebuttal Brief'').
    \13\ See Letter to the Secretary from Stanley, ``Certain Steel 
Nails from China: Stanley's Revised Case Brief'' (November 20, 2015) 
(``Stanley's Revised Case Brief'').
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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.\14\ While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the order, which is contained in the accompanying 
Issues and Decision Memorandum (``I&D Memo''), is dispositive.\15\
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    \14\ 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,'' (September 19, 2013).
    \15\ For a full description of the scope of the Order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Issues and 
Decision Memorandum for the Final Results of Sixth Antidumping Duty 
Administrative Review: Certain Steel Nails from the People's 
Republic of China'' (March 7, 2016) (``I&D Memo'') which is adopted 
by this notice.
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Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs by 
parties in this review in the I&D Memo. Attached to this notice, in 
Appendix I, is a list of the issues which parties raised. The I&D Memo 
is a public document and is on file in the Central Records Unit 
(``CRU''), Room B8024 of the main Department of Commerce building, as 
well as electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``ACCESS''). 
ACCESS is available to registered users at http://access.trade.gov and 
in the CRU. In addition, a complete version of the I&D Memo can be 
accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed I&D Memo and the electronic versions of the I&D 
Memo are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we revised the 
margin calculation for Stanley. Accordingly, for the final results, the 
Department has updated the margin to be assigned to companies eligible 
for a separate rate as the revised calculated margin of the sole 
mandatory respondent, Stanley, whose margin is not zero, de minimis, or 
based on facts available, unlike the other mandatory respondent, 
Shandong Oriental Cherry, whose margin is the PRC-wide entity rate of 
118.04 percent. The Surrogate Values Memo contains further explanation 
of our changes to the surrogate values selected for Stanley's factors 
of production.\16\ For a list of all issues addressed in these final 
results, please refer to Appendix I accompanying this notice.
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    \16\ See Memorandum to the File, through Paul Walker, Program 
Manager, Office V, Enforcement and Compliance, from Julia Hancock, 
Senior International Trade Analyst, Office V, Enforcement and 
Compliance, regarding Sixth Antidumping Administrative Review of 
Certain Steel Nails from the People's Republic of China: Surrogate 
Values for the Final Results, dated concurrently with and hereby 
adopted by this notice (``Surrogate Values Memo'').
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Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that Besco Machinery Industry (Zhejiang) Co., Ltd. (``Besco''), 
Certified Products International Inc. (``CPI''), Huanghua Jinhai 
Hardware Products Co., Ltd. (``Jinhai''), Huanghua Xionghua Hardware 
Products Co., Ltd. (``Huanghua Xionghua''), Nanjing Yuechang Hardware 
Co., Ltd. (``Yuechang''), PT Enterprise Inc., Qingdao Jisco Co., Ltd. 
and Jisco Corporation (collectively, ``JISCO''),

[[Page 14094]]

Shanghai Jade Shuttle Hardware Tools Co., Ltd. (``Shanghai Jade 
Shuttle''), Shanghai Tengyu Hardware Tools Co., Ltd. (``Shanghai 
Tengyu''), Shanxi Yuci Broad Wire Products Co., Ltd. (``Shanxi Yuci''), 
and Zhejiang Gem-Chun Hardware Accessory Co., Ltd (``Gem-Chun'') did 
not have any reviewable transactions during the POR. Consistent with 
the Department's assessment practice in non-market economy (``NME'') 
cases, we completed the review with respect to the above-named 
companies. Based on the certifications submitted by the aforementioned 
companies, and our analysis of CBP information, we continue to 
determine that these companies did not have any reviewable transactions 
during the POR. As noted in the ``Assessment Rates'' section below, the 
Department intends to issue appropriate instructions to CBP for the 
above-named companies based on the final results of this review.

Final Results of Administrative Review

    The weighted-average dumping margins for the administrative review 
are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              margin
                                                             (percent)
------------------------------------------------------------------------
Stanley.................................................           11.95
Chiieh Yung Metal Ind. Corp.............................           11.95
Dezhou Hualude Hardware Products Co., Ltd...............           11.95
Hebei Cangzhou New Century Foreign Trade Co., Ltd.......           11.95
Nanjing Caiqing Hardware Co., Ltd.......................           11.95
Qingdao D&L Group Ltd...................................           11.95
SDC International Aust. PTY. Ltd........................           11.95
Shandong Dinglong Import & Export Co., Ltd..............           11.95
Shanghai Curvet Hardware Products Co., Ltd..............           11.95
Shanghai Yueda Nails Industry Co., Ltd..................           11.95
Shanxi Hairui Trade Co., Ltd............................           11.95
Shanxi Pioneer Hardware Industrial Co., Ltd.............           11.95
Shanxi Tianli Industries Co., Ltd.......................           11.95
S-Mart (Tianjin) Technology Development Co., Ltd........           11.95
Suntec Industries Co., Ltd..............................           11.95
Tianjin Jinchi Metal Products Co., Ltd..................           11.95
Tianjin Jinghai County Hongli Industry & Business Co.,             11.95
 Ltd....................................................
Tianjin Lianda Group Co., Ltd...........................           11.95
Tianjin Universal Machinery Imp. & Exp. Corporation.....           11.95
Tianjin Zhonglian Metals Ware Co., Ltd..................           11.95
Xi'an Metals & Minerals Import & Export Co., Ltd........           11.95
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    In addition, the Department continues to find that the companies 
identified in Appendix to the Issues and Decision Memorandum, attached 
to this notice, are part of the PRC-wide entity.\17\
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    \17\ The Department notes that a company, Nanjing Yuechang 
Hardware Co., Ltd. (``Yuechang''), is no longer being considered 
part of the PRC-wide entity, as discussed in Comment 13 of the 
Issues and Decision Memorandum.
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the ``Act''), and 19 CFR 351.212(b), the Department has 
determined, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. The 
Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of the final results of this 
administrative review.
    Where the respondent reported reliable entered values, we 
calculated importer- (or customer specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\18\ Where the 
Department calculated a weighted-average dumping margin by dividing the 
total amount of dumping for reviewed sales to that party by the total 
sales quantity associated with those transactions, the Department will 
direct CBP to assess importer-specific assessment rates based on the 
resulting per-unit rates.\19\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation.\20\ Where an importer- (or customer-) specific ad 
valorem or per-unit rate is zero or de minimis, the Department will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\21\ 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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    \18\ See 19 CFR 351.212(b)(1).
    \19\ Id.
    \20\ Id.
    \21\ See 19 CFR 351.106(c)(2).
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    Pursuant to the Department's assessment practice, for entries that 
were not reported in the U.S. sales databases submitted by companies 
individually examined during this review, the Department will instruct 
CBP to liquidate such entries at the PRC-wide entity 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 entity rate.\22\
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    \22\ 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 administrative review 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 exporter 
listed above, the cash deposit rate will be the rate established in the 
final results of review (except, if the rate is zero or de minimis, 
i.e., less than 0.5

[[Page 14095]]

percent, a zero cash deposit rate will be required for that company); 
(2) for previously investigated or reviewed PRC and non-PRC exporters 
not listed above that have 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. The deposit requirements 
shall remain in effect until further notice.

Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this proceeding 
in accordance with 19 CFR 351.224(b).

Notification to Importers

    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 occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``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.
    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 7, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Withdrawal of the Regulatory Provisions Governing 
Targeted Dumping in Less-than-Fair-Value Investigations
    Comment 2: Differential Pricing Methodology
    Comment 3: Calculation of Separate Rate Margin
    Comment 4: Application of Total Adverse Facts Available 
(``AFA'') to Shandong Oriental Cherry
    Comment 5: Granting a Separate Rate to the Shandong Oriental 
Cherry Entity
    Comment 6: Rejection of Stanley's Case Brief
    Comment 7: Surrogate Value for Stanley's Steel Wire Rod Input
    Comment 8: Surrogate Value for Stanley's Plastic Granules
    Comment 9: Treatment of Stanley's Rubber Bands
    Comment 10: Use of Customer Code or Common Customer Code in the 
Cohen's d Test To Identify the Purchaser in Stanley's Margin Program
    Comment 11: Granting of Separate Rates to Qingdao D&L, et al.
    Comment 12: Tianjin Jinchi's Status in This Review
    Comment 13: Yuechang's Status in This Review
V. Conclusion

[FR Doc. 2016-05994 Filed 3-15-16; 8:45 am]
 BILLING CODE 3510-DS-P