[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Notices]
[Pages 14344-14346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05429]


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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, Final Determination 
of No Shipments and Final Partial Rescission; 2014-2015

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

SUMMARY: The Department of Commerce (the Department) published the 
Preliminary Results of the seventh administrative review of the 
antidumping duty order on certain steel nails from the People's 
Republic of China (PRC) on September 12, 2016. 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. We also continue to find that 
the other mandatory respondent, Tianjin Lianda Group Co. Ltd. (Tianjin 
Lianda), 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 review (``POR'') is August 1, 2014, through July 31, 2015.

DATES: Effective March 20, 2017.

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, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone 202-482-4031 or 202-482-
5307, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the Preliminary Results \1\ on September 
12, 2016.\2\ On December 1, 2016, the Department extended the deadline 
in this proceeding by 60 days.\3\ The revised deadline for the final 
results of this review is now March 13, 2017.\4\
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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; 2014-2015, 81 FR 
62710 (September 12, 2016) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum.
    \2\ See Preliminary Results.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Susan Pulongbarit, Senior International Trade Analyst, Antidumping 
and Countervailing Duty Operations, ``Certain Steel Nails from the 
People's Republic of China: Extension of the Deadline for the Final 
Results of the Seventh Antidumping Duty Administrative Review,'' 
dated December 1, 2016.
    \4\ Id.
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    In accordance with 19 CFR 351.309, we invited parties to comment on 
our Preliminary Results. On October 31, 2016, Certified Products 
International,\5\ Midwest Air Technologies, Inc.,\6\ Origin Point 
Brands,\7\ Mid Continent Steel & Wire, Inc. (Petitioner),\8\ The 
Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black 
& Decker Inc.,\9\ and Tianjin Lianda Group Co., Ltd.\10\ submitted 
timely filed case briefs, pursuant to our regulations.\11\ 
Additionally, on November 9, 2016, Petitioner, Stanley,\12\ and Tianjin 
Lianda submitted timely-filed rebuttal briefs.\13\
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    \5\ Certified Products International (CPI)
    \6\ Midwest Air Technologies, Inc. (MAT).
    \7\ Origin Point Brands (OPB).
    \8\ Mid Continent Steel & Wire, Inc. (Petitioner).
    \9\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and 
Stanley Black & Decker Inc. (Stanley).
    \10\ Tianjin Lianda Group Co., Ltd. (Tianjin Lianda).
    \11\ See e.g., Letter to the Secretary, from CPI, regarding 
``Case Brief: Seventh Administrative Review of the Antidumping Duty 
Order on Certain Steel Nails from the People's Republic of China,'' 
dated October 31, 2016.
    \12\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. 
and Stanley Black & Decker, Inc. (collectively, Stanley).
    \13\ See e.g., Letter to the Secretary, from Petitioner, 
regarding ``Certain Steel Nails from the People's Republic of China: 
Petitioner's Rebuttal Brief,'' dated November 9, 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.\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 Gary Taverman, Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Ronald 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Certain Steel Nails from the People's Republic of 
China: Issues and Decision Memorandum for the Final Results of the 
Seventh Antidumping Duty Administrative Review'' (March 13, 2017) 
(``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 to 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

[[Page 14345]]

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 I&D Memo, 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, Tianjin Lianda, 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 Susan 
Pulongbarit, Senior International Trade Analyst, Office V, 
Enforcement and Compliance, regarding Seventh 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''), Jining 
Huarong Hardware Products Co., Ltd., Nanjing Yuechang Hardware Co., 
Ltd., PT Enterprise Inc., Shanxi Tuci Broad Wire Products Co., Ltd., 
and Zhejian Gem-Chun Hardware Accessory Co., Ltd. did not have any 
reviewable transactions during the POR.\17\ 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.
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    \17\ The Department inadvertently included Certified Products 
International Inc.; Xi'an Metals & Minerals Import & Export Co., 
Ltd.; and Shandong Oriental Cherry Hardware Import & Export Co., 
Ltd. in the no shipments category in the Preliminary Results. 
Therefore, the Department removed these companies from the no 
shipments category, as discussed in Comment 4 in the Issues and 
Decision Memorandum.
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Final Partial Rescission of Antidumping Duty Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90-days of the date of 
publication of notice of initiation of the requested review. Petitioner 
withdrew its request for an administrative review on CPI, Chiieh Yung 
Metal Industrial Corporation, Mingguang Abundant Hardware Products Co., 
Ltd., and Shandong Oriental Cherry Hardware Group; no other party 
requested a review of these companies.\18\
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    \18\ See Issues and Decision Memorandum at Comment 4.
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    Accordingly, we are rescinding this review, in part, with respect 
to these companies, pursuant to 19 CFR 351.213(d)(1).\19\
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    \19\ The Department notes that CPI; Chiieh Yung Metal Industrial 
Corporation; Mingguang Abundant Hardware Products Co., Ltd.; and 
Shandong Oriental Cherry Hardware Group were inadvertently added to 
the separate rate category in the Preliminary Results. As discussed 
in Comment 4 of the I&D Memo, Petitioner timely withdrew its request 
for reviews on these companies. Therefore, the Department removed 
these companies from the separate rate category.
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Final Results of Administrative Review

    The weighted-average dumping margins for the administrative review 
are as follows:
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    \20\ 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.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              margin
                                                             (percent)
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The Stanley Works (Langfang) Fastening Systems Co., Ltd.            6.22
 and Stanley Black & Decker, Inc........................
Dezhou Hualude Hardware Products Co., Ltd...............            6.22
Hebei Cangzhou New Century Foreign Trade Co., Ltd.......            6.22
Mingguang Ruifeng Hardware Products Co., Ltd............            6.22
Nanjing Caiqing Hardware Co., Ltd.......................            6.22
Qingdao D&L Group Ltd...................................            6.22
SDC International Aust. PTY. Ltd........................            6.22
Shandong Dinglong Import & Export Co., Ltd..............            6.22
Shanghai Curvet Hardware Products Co., Ltd..............            6.22
Shanghai Yueda Nails Industry Co., Ltd..................            6.22
Shanxi Hairui Trade Co., Ltd............................            6.22
Shanxi Pioneer Hardware Industrial Co., Ltd.............            6.22
Shanxi Tianli Industries Co., Ltd.......................            6.22
S-Mart (Tianjin) Technology Development Co., Ltd........            6.22
Suntec Industries Co., Ltd..............................            6.22
Tianjin Jinchi Metal Products Co., Ltd..................            6.22
Tianjin Jinghai County Hongli Industry & Business Co.,              6.22
 Ltd....................................................
Tianjin Universal Machinery Imp. & Exp. Corporation.\20\            6.22
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[[Page 14346]]

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).\21\ 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.\22\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis (i.e., 
0.50 percent), the Department will instruct CBP to collect the 
appropriate duties at the time of liquidation.\23\ 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.\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 19 CFR 351.212(b)(1).
    \22\ Id.
    \23\ Id.
    \24\ 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.\25\
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    \25\ 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 exporters 
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, 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, when imposed, shall remain in effect until further 
notice.

Disclosure

    We intend to disclose the calculations performed regarding these 
final results 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 13, 2017.
Ronald Lorentzen,
Acting 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: Differential Pricing Methodology
    Comment 2: Calculation of Separate Rate Margin
    Comment 3: Clarification of the Scope of the Order
    Comment 4: Rescission for Certain Companies
    Comment 5: Tianjin Lianda's Separate Rate Status
    Comment 6: Treatment of Stanley's Scrap
    Comment 7: Surrogate Financial Ratio Calculation
    Comment 8: Surrogate Value for Stanley's Paper Tape
    Comment 9: Surrogate Value for Stanley's Sealing Tape
    Comment 10: Surrogate Value for Stanley's Plastic Granules
    Comment 11: Surrogate Value for Stanley's Cardboard Corner Board
    Comment 12: Surrogate Value for Stanley's Insert Paper Board
    Comment 13: Surrogate Value for Stanley's Pallet Board
V. Conclusion

[FR Doc. 2017-05429 Filed 3-17-17; 8:45 a.m.]
 BILLING CODE 3510-DS-P