[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11683-11685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05370]


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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 and Final 
Determination of No Shipments; 2015-2016

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

SUMMARY: The Department of Commerce (Commerce) determines that The 
Stanley Works (Langfang) Fastening Systems Co., Ltd. and Stanley Black 
& Decker, Inc. (collectively, Stanley), a manufacturer/exporter of 
certain steel nails from the People's Republic of China (China), sold 
subject merchandise in the United States at prices below normal value 
during the period of review (POR), August 1, 2015, through July 31, 
2016. We are also not granting a separate rate to Tianjin Lianda Group 
Co., Ltd. (Tianjin Lianda).

DATES: Applicable March 16, 2018.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Courtney Canales, 
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) 482-2312 or (202) 482-
4997, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results on September 7, 2017.\1\ 
From November 29, 2017, through December 1, 2017, Commerce officials 
verified the questionnaire responses of Stanley in North Kingstown, 
Rhode Island.\2\ Also, from December 11 through 15, 2017, Commerce 
officials verified the questionnaire responses of Stanley in Langfang, 
Hebei Province, China.\3\ On December 20, 2017, Commerce extended the 
deadline in this proceeding by 60 days.\4\ On January 23, 2018, we 
tolled the deadline by three days due to the shutdown of the federal 
government.\5\ The revised deadline for the final results of this 
review is now March 9, 2018.
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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; 2015-2016, 82 FR 
42291 (September 7, 2017) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum to the file ``Sales Verification Report for 
The Stanley Works (Langfang) Fastening Systems Co., Ltd. (Stanley 
Langfang), and Stanley Black & Decker, Inc. (SBD) (collectively, 
Stanley) in the Antidumping Duty Administrative Review of Certain 
Steel Nails from the People's Republic of China (China),'' dated 
February 6, 2018 (Stanley Sales Verification Report).
    \3\ See Memorandum to the file ``Sales Verification Report for 
The Stanley Works (Langfang) Fastening Systems Co., Ltd. (Stanley 
Langfang), and Stanley Black & Decker, Inc. (SBD) (collectively, 
Stanley) in the Antidumping Duty Administrative Review of Certain 
Steel Nails from the People's Republic of China (China),'' dated 
February 6, 2018 (Stanley Langfang Verification Report).
    \4\ See Memorandum to James Maeder, ``Eighth Antidumping Duty 
Administrative Review of Certain Steel Nails from the People's 
Republic of China: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' (December 20, 2017).
    \5\ See Memorandum to The Record, from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government,'' dated January 23, 2018.
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    In accordance with 19 CFR 351.309, we invited parties to comment on 
our Preliminary Results. On February 15, 2018, Hebei Minmetals Co., 
Ltd.,\6\ Hillman Group, Inc.,\7\ Mid Continent Steel & Wire, Inc. (the 
petitioner),\8\ The Stanley Works (Langfang) Fastening Systems Co., 
Ltd. and Stanley Black & Decker Inc.,\9\ Building Material 
Distributors, Inc. (BMD), and Tianjin Jinghai County Hongli Industry & 
Business Co., Ltd., Tianjin Jinchi Metal Products Co., Ltd., Shandong 
Dinglong Import & Export Co., Ltd., Tianjin Zhonglian Metals Ware Co., 
Ltd., Shanghai Yueda Nails Industry Co., Ltd. and Shanxi Tianli 
Industries Co., Ltd.,\10\ submitted timely filed case briefs, pursuant 
to our regulations.\11\ Additionally, on February 21, 2018, the 
petitioner and Stanley submitted timely-filed rebuttal briefs.\12\ On 
February 28, 2018, in response to Commerce's instructions, Stanley re-
filed it case brief with untimely new factual information redacted, and 
the petitioner re-filed its rebuttal brief with an untimely new 
affirmative argument redacted.\13\
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    \6\ Hebei Minmetals Co., Ltd. (Hebei Minmetals).
    \7\ Hillman Group, Inc. (Hillman).
    \8\ Mid Continent Steel & Wire, Inc. (the petitioner).
    \9\ The Stanley Works (Langfang) Fastening Systems Co., Ltd. and 
Stanley Black & Decker Inc. (Stanley).
    \10\ Tianjin Jinghai County Hongli Industry & Business Co., 
Ltd., Tianjin Jinchi Metal Products Co., Ltd., Shandong Dinglong 
Import & Export Co., Ltd., Tianjin Zhonglian Metals Ware Co., Ltd., 
Shanghai Yueda Nails Industry Co., Ltd. and Shanxi Tianli Industries 
Co., Ltd. (GDLSK Respondents).
    \11\ See e.g., Letter to the Secretary, from Hebei Minmetals 
regarding ``Certain Steel Nails from the People's Republic of China: 
Case Brief,'' dated February 15, 2018.
    \12\ See e.g., Letter to the Secretary, from the petitioner, 
regarding ``Certain Steel Nails from the People's Republic of China: 
Rebuttal Brief,'' dated February 21, 2018.
    \13\ See Letter to the Secretary, from Stanley regarding 
``Certain Steel Nails from the People's Republic of China: Redacted 
Version Case Brief,'' dated February 28, 2018; see also Letter to 
the Secretary, from the petitioner regarding ``Certain Steel Nails 
from the People's Republic of China: Revised Rebuttal Brief,'' dated 
February 28, 2018.

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[[Page 11684]]

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\ Commerce 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 James Maeder, Associate Deputy Assistant Secretary 
performing the duties of Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, to Christopher Marsh, Deputy 
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 Eighth Antidumping Duty 
Administrative Review'' (March 9, 2018) (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, as an 
Appendix, 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 I&D Memo, we revised the margin calculation 
for Stanley. Accordingly, for the final results, Commerce has updated 
the margin to be assigned to companies eligible for a separate rate as 
the revised margins for the sole mandatory respondent, Stanley, whose 
margin is not zero, de minimis, or based on facts available. 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 the Appendix accompanying this notice.
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    \16\ See Memorandum to the File, through Paul Walker, Program 
Manager, Office V, Enforcement and Compliance, from Courtney 
Canales, International Trade Analyst, Office V, Enforcement and 
Compliance, regarding Eighth 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, Commerce preliminarily determined that 
two companies, Mingguan Ruifeng Hardware Products Co., Ltd. (Mingguan 
Ruifeng) and Shandong Oriental Cherry Hardware Import & Export Co., 
Ltd. (Cherry Hardware Import & Export), did not have any reviewable 
transactions during the POR. Consistent with Commerce's assessment 
practice in non-market economy (NME) cases, we completed the review 
with respect to Mingguan Ruifeng and Cherry Hardware Import & Export. 
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, Commerce 
intends to issue appropriate instructions to CBP for the above-named 
companies based on the final results of this review.

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(B) of the Act. In the Preliminary Results, the Department 
calculated constructed export prices in accordance with section 772 of 
the Act. Because China is a nonmarket economy (NME) within the meaning 
of section 771(18) of the Act, normal value is calculated in accordance 
with section 773(c) of the Act. We have not received any information 
since the issuance of the Preliminary Results that provides a basis for 
reconsidering this determination. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum, available at http://enforcement.trade.gov/frn/.

Final Results of Administrative Review

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

------------------------------------------------------------------------
                                                             Weighted-
                        Exporter                          average margin
                                                             (percent)
------------------------------------------------------------------------
Stanley.................................................            5.98
Dezhou Hualude Hardware Products Co., Ltd...............            5.98
Hebei Cangzhou New Century Foreign Trade Co., Ltd.......            5.98
Hebei Minmetals Co., Ltd................................            5.98
Nanjing CAIQING Hardware Co., Ltd.......................            5.98
Nanjing Toua Hardware & Tools Co., Ltd..................            5.98
Qingdao D&L Group Ltd...................................            5.98
SDC International Aust. PTY. LTD........................            5.98
Shandong Dinglong Import & Export Co., Ltd..............            5.98
Shandong Oriental Cherry Hardware Group Co., Ltd........            5.98
Shandong Qingyun Hongyi Hardware Products Co., Ltd......            5.98
Shanghai Curvet Hardware Products Co., Ltd..............            5.98
Shanghai Yueda Nails Industry Co., Ltd. a.k.a. Shanghai             5.98
 Yueda Nails Co., Ltd...................................
Shanxi Hairui Trade Co., Ltd............................            5.98
Shanxi Pioneer Hardware Industrial Co., Ltd.............            5.98
Shanxi Tianli Industries Co., Ltd.......................            5.98
Suntec Industries Co., Ltd..............................            5.98
S-Mart (Tianjin) Technology Development Co., Ltd........            5.98
Tianjin Jinchi Metal Products Co., Ltd..................            5.98
Tianjin Jinghai County Hongli Industry & Business Co.,              5.98
 Ltd....................................................
Tianjin Universal Machinery Imp. & Exp. Corporation.....            5.98
Tianjin Zhonglian Metals Ware Co., Ltd..................            5.98
Xi'an Metals & Minerals Import & Export Co., Ltd........            5.98
------------------------------------------------------------------------

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), Commerce 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. Commerce intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication

[[Page 11685]]

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).\17\ Where Commerce 
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, Commerce will direct CBP 
to assess importer-specific assessment rates based on the resulting 
per-unit rates.\18\ Where an importer- (or customer-) specific ad 
valorem or per-unit rate is greater than de minimis (i.e., 0.50 
percent), Commerce will instruct CBP to collect the appropriate duties 
at the time of liquidation.\19\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is zero or de minimis, Commerce 
will instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\20\ We intend to instruct CBP to liquidate entries 
containing subject merchandise exported by the China-wide entity at the 
China-wide rate.
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    \17\ See 19 CFR 351.212(b)(1).
    \18\ Id.
    \19\ Id.
    \20\ See 19 CFR 351.106(c)(2).
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    For respondents that were not selected for individual examination 
in this administrative review and which qualified for a separate rate, 
the assessment rate is equal to the weighted-average dumping margin 
assigned to Stanley, 5.98 percent.
    Pursuant to Commerce's assessment practice, for entries that were 
not reported in the U.S. sales databases submitted by companies 
individually examined during this review, Commerce will instruct CBP to 
liquidate such entries at the China-wide entity rate. Additionally, if 
Commerce 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 
China-wide entity rate.\21\
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    \21\ 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 China and non-China 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 China exporters of subject merchandise which have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be the China-wide rate of 118.04 percent; and (4) for all non-
China exporters of subject merchandise which have not received their 
own rate, the cash deposit rate will be the rate applicable to the 
China exporters that supplied that non-China 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 Commerce'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, and 
19 CFR 351.221(b)(5).

    Dated: March 9, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Low Carbon Steel Wire Rod Surrogate Value
    Comment 2: Medium Carbon Steel Wire Rod Surrogate Value
    Comment 3: Differential Pricing Methodology
    Comment 4A: Tianjin Lianda's Status for the Final Results
    Comment 4B: Calculation of a Margin for Tianjin Lianda Based on 
Incomplete Data
    Comment 4C: Whether Commerce Should Include Tianjin Lianda's 
Margin in the Calculation of the Separate Rate
    Comment 5: Correction of Errors in Tianjin Lianda's Margin 
Calculation
    Comment 6: Plastic Granules Surrogate Value
    Comment 7: Sealing Tape Surrogate Value
    Comment 8: Thermal Transfer Ribbon Surrogate Value
    Comment 9: Orthophosphoric Acid Surrogate Value
    Comment 10: Treatment of Stanley's Wiredrawing Toller's Scrap
    Comment 11: Correction of a Transposition Error for the 
Corrosion Resistant Coating and Paint Thinner Surrogate Values
V. Recommendation

[FR Doc. 2018-05370 Filed 3-15-18; 8:45 a.m.]
 BILLING CODE 3510-DS-P