[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)]
[Notices]
[Pages 19217-19219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08421]


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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 Antidumping Duty Administrative Review; 2014-2015

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

SUMMARY: The Department of Commerce (the Department) is amending its 
final results of the administrative review of the antidumping duty 
order on certain steel nails (nails) from the People's Republic of 
China (PRC) for the period is August 1, 2014, through July 31, 2015 to 
correct ministerial errors. The amended final weighted-average dumping 
margins for the reviewed firms are listed below in the section 
entitled, ``Amended Final Results.''

DATES: Effective April 26, 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

    On March 20, 2017, the Department published the final results of 
the 2014-

[[Page 19218]]

2015 administrative review in the Federal Register.\1\ On March 22, 
2017, The Stanley Works (Langfang) Fastening Systems Co., Ltd. and 
Stanley Black & Decker, Inc. (collectively Stanley) filed a timely 
allegation that the Department made a ministerial error in the Final 
Results and requested, pursuant to 19 CFR 351.224(f), that the 
Department correct the ministerial error. We received a timely reply to 
Stanley's comments from Mid Continent Steel & Wire, Inc. (the 
petitioner) on March 27, 2017, and a request that the Department 
correct an additional ministerial error.
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    \1\ See 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, 82 FR 14344 (March 20, 2017) (Final Results).
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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.\2\ The HTSUS subheadings are provided for 
convenience and customs purposes only. The written description is 
dispositive.\3\
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    \2\ 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).
    \3\ A full description of the scope of the order is contained in 
the memorandum from James C. Doyle, Director, Office V, Enforcement 
and Compliance, to Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Seventh Administrative Review of Certain Steel Nails from the 
People's Republic of China: Ministerial Error Memorandum'' 
(Ministerial Error Memorandum), dated concurrently with this notice 
and incorporated herein by reference.
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Amended Final Results

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines ``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.'' \4\ After analyzing all parties' comments, we have 
determined in accordance with section 751(h) of the Act and 19 CFR 
351.224(f), that certain ministerial errors were made in the Final 
Results. For a detailed discussion of these ministerial errors, as well 
as the Department's analysis of these errors, see Ministerial Error 
Memorandum.
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    \4\ See also 19 CFR 351.224(f).
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    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results of this administrative review of 
nails from the PRC. The rate for the companies not selected for 
individual examination is equal to the calculated margin of the sole 
mandatory respondent, Stanley, whose margin is not zero, de minimis, or 
based entirely on adverse facts available. The dumping margins for the 
administrative review are as follows:
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    \5\ 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 
clarifies that it granted 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.            5.78
 and Stanley Black & Decker, Inc........................
Dezhou Hualude Hardware Products Co., Ltd...............            5.78
Hebei Cangzhou New Century Foreign Trade Co., Ltd.......            5.78
Mingguang Ruifeng Hardware Products Co., Ltd............            5.78
Nanjing Caiqing Hardware Co., Ltd.......................            5.78
Qingdao D&L Group Ltd...................................            5.78
SDC International Aust. PTY. Ltd........................            5.78
Shandong Dinglong Import & Export Co., Ltd..............            5.78
Shanghai Curvet Hardware Products Co., Ltd..............            5.78
Shanghai Yueda Nails Industry Co., Ltd..................            5.78
Shanxi Hairui Trade Co., Ltd............................            5.78
Shanxi Pioneer Hardware Industrial Co., Ltd.............            5.78
Shanxi Tianli Industries Co., Ltd.......................            5.78
S-Mart (Tianjin) Technology Development Co., Ltd........            5.78
Suntec Industries Co., Ltd..............................            5.78
Tianjin Jinchi Metal Products Co., Ltd..................            5.78
Tianjin Jinghai County Hongli Industry & Business Co.,              5.78
 Ltd....................................................
Tianjin Universal Machinery Imp. & Exp. Corporation \5\.            5.78
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Disclosure

    We intend to disclose the calculations performed for these amended 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).

Assessment Rates

    The Department shall determine and U.S. Customs Border Protection 
shall assess antidumping duties on all appropriate entries covered by 
this review pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b).
    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).\6\ 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.\7\ 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

[[Page 19219]]

instruct CBP to collect the appropriate duties at the time of 
liquidation.\8\ 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.\9\ 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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    \6\ See 19 CFR 351.212(b)(1).
    \7\ Id.
    \8\ Id.
    \9\ 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.\10\
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    \10\ 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 
retroactively on any entries made on or after March 20, 2017, 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 the rate established in the ``Amended Final Results'' section 
(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.

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.
    These amended final results and notice are issued and published in 
accordance with sections 751(h) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: April 19, 2017.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-08421 Filed 4-25-17; 8:45 am]
 BILLING CODE 3510-DS-P