[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Notices]
[Pages 24751-24753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11126]
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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; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 24, 2019, the Department of Commerce (Commerce)
published in the Federal Register the final results of the
administrative review of the antidumping duty (AD) order on certain
steel nails from the People's Republic of China (China). Commerce is
amending the final results of the administrative review to correct an
unintentional ministerial error.
DATES: Applicable May 29, 2019.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Benito
Ballesteros, 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
202-482-7425, respectively.
SUPPLEMENTARY INFORMATION: On April 24, 2019, Commerce published in the
Federal Register the final results of the administrative review of
certain steel nails from China.\1\ No interested party submitted
ministerial allegations concerning the Final Results. Following the
publication of the Final Results, Commerce identified a ministerial
error in Dezhou Hualude Hardware Products Co., Ltd.'s (Dezhou Hualude)
final results margin calculation program.\2\
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\1\ See Certain Steel Nails from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, and Final
Determination of No Shipments; 2016-2017, 84 FR 17134 (April 24,
2019) (Final Results) and accompanying Issues and Decision
Memorandum (IDM).
\2\ See Memorandum, ``Administrative Review Certain Steel Nails
from the People's Republic of China; 2016-2017: Ministerial Error
Memorandum,'' dated concurrently with this notice (Ministerial Error
Memorandum).
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Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``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.'' \3\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending the final results of review . . . .'' Even when interested
parties do not submit ministerial error comments, Commerce has the
authority to self-correct ministerial errors provided the self-
correction occurs within the statutory timeline for judicial review.\4\
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\3\ See also 19 CFR 351.224(f).
\4\ See American Signature, Inc. v. United States, 598 F.3d 816,
826-28 (Fed. Cir. 2010).
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Ministerial Errors
In the Final Results, we stated our intention to adjust U.S. price
in the margin programming for Dezhou Hualude's international freight
and marine insurance expenses.\5\ However, following the Final Results,
we observed that the SAS code input into the program inadvertently
caused the program to create missing values for the international
freight expenses pertaining to sales to certain importers, which in
turn removed those sales from the program and failed to generate
importer-specific liquidation rates for those importers. Modifying the
final margin program to fix these missing values will properly include
the sales in the program and generate the proper importer-specific
liquidation rates. Accordingly, we have determined, in accordance with
section 751(h) of the Act and 19 CFR 351.224(f), that an unintentional
ministerial error was made in the Final Results. For a detailed
discussion of this ministerial error, as well as Commerce's analysis,
see Ministerial Error Memorandum.
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\5\ See Final Results and accompany IDM at 26.
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Amended Final Results
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 China. For the amended final results, Commerce has
recalculated the weighted-average margin for Dezhou Hualude. Commerce
has also updated the sample rate assigned to the non-selected
companies, which is based on an average of the rates of the three
mandatory respondents, The Stanley Works (Langfang) Fastening Systems
Co., Ltd. and Stanley Black & Decker, Inc. (collectively, Stanley),
Dezhou Hualude, and Shandong Dinglong Import & Export Co., Ltd.
(Shandong Dinglong), as discussed in the Ministerial Error Memorandum.
The revised weighted-average dumping margins for the administrative
review are as follows:
[[Page 24752]]
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Weighted-
Exporter average margin
(percent)
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Dezhou Hualude Hardware Products Co., Ltd............... 69.99
Shandong Dinglong Import & Export Co., Ltd \6\.......... 118.04
The Stanley Works (Langfang) Fastening Systems Co., Ltd. 3.94
and Stanley Black & Decker, Inc. (collectively,
Stanley) \7\...........................................
Hebei Canzhou New Century Foreign Trade Co., Ltd........ 43.26
Mingguang Ruifeng Hardware Products Co., Ltd............ 43.26
Qingdao D&L Group Ltd................................... 43.26
SDC International Australia Pty. Ltd.................... 43.26
Shandong Oriental Cherry Hardware Group Co., Ltd........ 43.26
Shanghai Curvet Hardware Products Co., Ltd.............. 43.26
Shanghai Yueda Nails Industry Co., Ltd. a.k.a. Shanghai 43.26
Yueda Nails Co., Ltd...................................
Shanxi Hairui Trade Co., Ltd............................ 43.26
Shanxi Pioneer Hardware Industrial Co., Ltd............. 43.26
Shanxi Tianli Industries Co., Ltd....................... 43.26
S-Mart (Tianjin) Technology Development Co., Ltd........ 43.26
Suntec Industries Co., Ltd.............................. 43.26
Tianjin Huixinshangmao Co., Ltd......................... 43.26
Tianjin Jinchi Metal Products Co., Ltd.................. 43.26
Tianjin Jinghai County Hongli Industry & Business Co., 43.26
Ltd....................................................
Tianjin Universal Machinery Imp. & Exp. Corporation..... 43.26
Tianjin Zhonglian Metals Ware Co., Ltd.................. 43.26
Xi'an Metals & Minerals Import & Export Co., Ltd........ 43.26
Zhangjiagang Lianfeng Metals Products Co., Ltd.......... 43.26
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Disclosure
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\6\ There are no changes to the dumping margin for Shandong
Dinglong.
\7\ There are no changes to the dumping margin for Stanley.
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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
Commerce shall determine, and U.S. Customs Border Protection (CBP)
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).\8\ 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.\9\ 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.\10\ 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.\11\ 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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\8\ See 19 CFR 351.212(b)(1).
\9\ Id.
\10\ Id.
\11\ See 19 CFR 351.106(c)(2).
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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.\12\
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\12\ 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 April 24, 2019, 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 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.
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.
[[Page 24753]]
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: May 22, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-11126 Filed 5-28-19; 8:45 am]
BILLING CODE 3510-DS-P