[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62710-62712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21883]


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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 and 
Preliminary Determination of No Shipments; 2014-2015

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

SUMMARY: The Department of Commerce (``Department'') is conducting the 
sixth administrative review of the antidumping duty order on certain 
steel nails (``nails'') from the People's Republic of China (``PRC''). 
The Department preliminarily determines that Stanley Works (Langfang) 
Fastening Systems Co., Ltd. and Stanley Black & Decker, Inc. 
(collectively ``Stanley'') sold subject merchandise in the United 
States at prices below normal value (``NV'') during the period of 
review (``POR''), August 1, 2014, through July 31, 2015. The Department 
also preliminarily determines that Tianjin Lianda Group Co., Ltd. 
(``Tianjin Lianda'') failed to demonstrate that it is entitled to a 
separate rate and has been treated as part of the PRC-wide entity. 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.

DATES: Effective September 12, 2016.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Omar Qureshi, 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-
4031 or (202) 482-5307, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 6, 2015, the Department initiated the seventh 
administrative review of the antidumping duty order on nails from the 
PRC for the period August 1, 2014, through July 31, 2014.\1\ On April 
14, 2015, the Department partially extended the deadline for issuing 
the preliminary results by 90 days.\2\ On August 4, 2016, the 
Department fully extended the deadline for issuing the preliminary 
results by 30 days, to September 5, 2016.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 58729 (September 30, 2014) 
(``Initiation Notice'').
    \2\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
through James C. Doyle, Director, Office V, Antidumping and 
Countervailing Duty Operations, from Omar Qureshi, International 
Trade Compliance Analyst, Antidumping and Countervailing Duty 
Operations, regarding ``Certain Steel Nails from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
2014-2015 Antidumping Duty Administrative Review,'' dated April 14, 
2016.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
through James C. Doyle, Director, Office V, Antidumping and 
Countervailing Duty Operations, from Omar Qureshi, International 
Trade Compliance Analyst, Antidumping and Countervailing Duty 
Operations, regarding ``Certain Steel Nails from the People's 
Republic of China: Second Extension of Deadline for Preliminary 
Results of 2014-2015 Antidumping Duty Administrative Review,'' dated 
August 4, 2016.
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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.\4\ While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.\5\
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    \4\ 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.
    \5\ See ``Certain Steel Nails from the People's Republic of 
China: Decision Memorandum for the Preliminary Results of the 2013-
2014 Antidumping Duty Administrative Review,'' (``Preliminary 
Decision Memorandum''), dated concurrently with these results and 
hereby adopted by this notice, for a complete description of the 
Scope of the Order.
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Preliminary Determination of No Shipments

    Based on the no-shipments letters filed by 11 companies subject to 
this review, the Department preliminarily determines that these 
companies did not have any reviewable transactions during the POR. For 
additional information regarding this determination, including a list 
of these companies, see the Preliminary Decision Memorandum. Consistent 
with our assessment practice in non-market economy (``NME'') cases, the 
Department is not rescinding this review for these companies, but 
intends to complete the review and issue appropriate instructions to 
CBP based on the final results of the review.\6\
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    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
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Separate Rates

    The Department preliminarily determines that information placed on 
the record by the mandatory respondent Stanley, as well as by the 21 
other separate rate applicants,\7\ demonstrates that these companies 
are entitled to separate rate status. For additional information, see 
the Preliminary Decision Memorandum.
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    \7\ We note that Mingguang Ruifeng Hardware Products Co., Ltd. 
and Mingguang Abundant Hardware Products Co., Ltd. are one company.
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PRC-Wide Entity

    The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\8\ Under this 
policy, the PRC-wide entity will not be under review unless a party 
specifically requests, or the Department self-initiates, a review of 
the entity. Because no party requested a review of the PRC-wide entity 
in this review, the entity is not under review and the entity's rate is 
not subject to change (i.e., 118.04 percent).\9\ Aside from the no 
shipments and separate rate companies discussed above, the Department 
considers all other companies for which a review was requested,\10\ as 
well as Tianjin Lianda, to be part of the PRC-wide entity. For 
additional information, see the Preliminary Decision Memorandum; see 
also Appendix 2 for a list of companies considered as part of the PRC-
wide entity.
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    \8\ 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 (November 4, 2013).
    \9\ See, e.g., id.; Certain Steel Nails from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2012-2013, 80 FR 18816, 18817 and accompanying Issues and 
Decision Memorandum (``AR5 Final Results'').
    \10\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 51548, 51549 (August 29, 2014) (``All 
firms listed below that wish to qualify for separate rate status in 
the administrative reviews involving NME countries must complete, as 
appropriate, either a separate rate application or certification . . 
.'').

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[[Page 62711]]

Rate for Separate-Rate Companies Not Individually Examined

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to respondents not selected for 
individual examination when the Department limits its examination of 
companies subject to the administrative review pursuant to section 
777A(c)(2)(B) of the Act. Generally, the Department looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation, for guidance when calculating the 
rate for respondents not individually examined in an administrative 
review. Section 735(c)(5)(A) of the Act articulates a preference for 
not calculating an all-others rate using rates which are zero, de 
minimis or based entirely on facts available. Accordingly, the 
Department's usual practice has been to determine the dumping margin 
for companies not individually examined by averaging the weighted-
average dumping margins for the individually examined respondents, 
excluding rates that are zero, de minimis, or based entirely on facts 
available.\11\ Consistent with this practice, in this review, we 
calculated a weighted-average dumping margin for Stanley that is above 
de minimis and not based entirely on FA; therefore, the Department 
assigned to the companies not individually examined, but which 
demonstrated their eligibility for a separate rate, the weighted-
average dumping margin calculated for Stanley.
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    \11\ See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 
52823, 52824 (September 11, 2008), and accompanying Issues and 
Decision Memorandum at Comment 16.
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Methodology

    The Department is conducting this review in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(A) of the 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 (``ACCESS''). ACCESS is available 
to registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 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.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist for the period August 1, 2014, 
through July 31, 2015:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              margin
                                                               (percent)
------------------------------------------------------------------------
Stanley.....................................................        5.90
Certified Products International Inc........................        5.90
Chiieh Yung Metal Ind. Corp \12\............................        5.90
Dezhou Hualude Hardware Products Co., Ltd...................        5.90
Hebei Cangzhou New Century Foreign Trade Co., Ltd...........        5.90
Mingguang Abundant Hardware Products Co., Ltd...............        5.90
Mingguang Ruifeng Hardware Products Co., Ltd................        5.90
Nanjing Caiqing Hardware Co., Ltd...........................        5.90
Qingdao D&L Group Ltd.......................................        5.90
SDC International Aust. PTY. Ltd............................        5.90
Shandong Dinglong Import & Export Co., Ltd..................        5.90
Shandong Oriental Cherry Hardware Group Co., Ltd............        5.90
Shanghai Curvet Hardware Products Co., Ltd..................        5.90
Shanghai Yueda Nails Industry Co., Ltd......................        5.90
Shanxi Hairui Trade Co., Ltd................................        5.90
Shanxi Pioneer Hardware Industrial Co., Ltd.................        5.90
Shanxi Tianli Industries Co., Ltd...........................        5.90
S-Mart (Tianjin) Technology Development Co., Ltd............        5.90
Suntec Industries Co., Ltd..................................        5.90
Tianjin Jinchi Metal Products Co., Ltd......................        5.90
Tianjin Jinghai County Hongli Industry & Business Co., Ltd..        5.90
Tianjin Universal Machinery Imp. & Exp. Corporation \13\....        5.90
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Disclosure, Public Comment and Opportunity To Request a Hearing
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    \12\ Although, the Department initiated this administrative 
review on Chiieh Yung Metal Industrial Corporation, the company 
name, Chiieh Yung Metal Ind. Corp., was the only name listed in the 
business license that was submitted in the separate rate 
application. Accordingly, the Department is granting a separate rate 
to Chiieh Yung Metal Ind. Corp.
    \13\ Although, the Department initiated this administrative 
review on Tianjin Universal Machinery Import and Export Corp., the 
company name, Tianjin Universal Machinery Imp. & Exp. Corporation. 
was the only name listed in the business license that was submitted 
in the separate rate application. Accordingly, the Department is 
granting a separate rate to Tianjin Universal Machinery Imp. & Exp. 
Corporation.
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    The Department intends to 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.\14\ 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.\15\ 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.\16\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system, ACCESS.\17\
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    \14\ See 19 CFR 351.309(c)(1)(ii).
    \15\ See 19 CFR 351.309(d)(1)-(2).
    \16\ See 19 CFR 351.309(c)(2), (d)(2).
    \17\ See 19 CFR 351.303 (for general filing requirements).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\18\ 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 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.\19\
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    \18\ See 19 CFR 351.310(c).
    \19\ 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.\20\ The Department intends to

[[Page 62712]]

issue assessment instructions to CBP 15 days after the publication date 
of the final results of this review.
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    \20\ 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.\21\ 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.\22\ Where either a respondent's weighted average dumping 
margin is zero or de minimis, or an importer- (or customer-) specific 
ad valorem rate is zero or de minimis, the Department will instruct CBP 
to liquidate appropriate entries without regard to antidumping 
duties.\23\ 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.\24\ 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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    \21\ 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) in 
the manner described in more detail in the Preliminary Decision 
Memorandum.
    \22\ See 19 CFR 351.212(b)(1).
    \23\ See 19 CFR 351.106(c)(2).
    \24\ 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.\25\
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    \25\ 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 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix 1

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Non-Market Economy Country Status
6. PRC-Wide Entity
7. Separate Rates
8. Application of Facts Available and Use of Adverse Inference
9. Facts Available
10. Surrogate Country
11. Date of Sale
12. Comparisons to Normal Value
13. U.S. Price
14. Normal Value
15. Factor Valuations
16. Currency Conversion
17. Recommendation

Appendix 2

Companies Subject to This Administrative Review That Are Considered To 
Be Part of the PRC-Wide Entity

Cana (Tianjin) Hardware Industrial Co., Ltd.
China Staple Enterprise (Tianjin) Co., Ltd.
Huanghu Jinhai Hardware Products Co. Ltd.
Huanghua Xiong Hua Hardware Product Co., Ltd.
Huanghua Yufutai Hardware Products Limited
Liaocheng Minghui Hardware Products Co., Ltd.
Mingguang Abundant Hardware Products Co., Ltd.
Qingdao D&L Group Co., Ltd.
Shandong Qingyun Hongyi Hardware Products Co., Ltd.
Shanghai Yueda Fasterners Co., Ltd.
Shanxi Tianli Enterprise Co., Ltd.
Smart (Tianjin) Technology Development Co., Ltd.
Tianjin Hongli Qiangsheng Import and Export Co., Ltd.
Tianjin Lianda Group Ltd.

[FR Doc. 2016-21883 Filed 9-9-16; 8:45 am]
BILLING CODE 3510-DS-P