[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
[Notices]
[Pages 25841-25843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09941]


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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; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain companies made sales of subject merchandise at less than 
normal value. The period of review (POR) is August 1, 2019, to July 31, 
2020. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable May 11, 2021.

FOR FURTHER INFORMATION CONTACT: Joshua Simonidis, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0608.

SUPPLEMENTARY INFORMATION:

[[Page 25842]]

Background

    On October 6, 2020, Commerce initiated an administrative review on 
the antidumping duty order on certain steel nails (nails) from the 
People's Republic of China (China) covering the period August 1, 2019, 
to July 31, 2020 with respect to 457 companies.\1\ Based on the timely 
withdrawal of review requests, we rescinded the administrative review 
with respect to five companies pursuant to 19 CFR 351.213(d)(1) and 
(4).\2\ Therefore, the results of this review cover the remaining 452 
companies.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 63081 (October 6, 2020) (Initiation 
Notice).
    \2\ The five companies for which the review was rescinded are: 
Oriental Cherry Hardware Group., Ltd.; Youngwoo Fasteners Co., Ltd.; 
China Staple Enterprise Co., Ltd.; Faithful Engineering Products 
Co., Ltd.; and Promising Way (Hong Kong) Ltd. See Certain Steel 
Nails from the People's Republic of China: Partial Rescission of 
AntidumpingDuty Administrative Review; 2019-2020, 86 FR 7065 
(January 26, 2021).
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Scope of the Order

    The products covered by the Order are nails from China. For a 
complete description of the scope, see the Preliminary Decision 
Memorandum.\3\
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Certain Steel 
Nails from the People's Republic of China; 2019-2020,'' issued 
concurrently with and hereby adopted by this notice (Preliminary 
Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Determination 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 https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/index.html. A 
list of topics included in the Preliminary Decision Memorandum is 
provided as an appendix to this notice.

Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by a number of companies, we 
preliminarily determine that 21 companies under review did not have any 
shipments of subject merchandise during the POR.\4\ For additional 
information regarding this determination, see the Preliminary Decision 
Memorandum.
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    \4\ These companies are: Astrotech Steels Private Limited; 
Dezhou Hualude Hardware Products Co., Ltd.; Geekay Wires Limited; 
Hebei Minmetals Co., Ltd.; Mingguang Ruifeng Hardware Products Co., 
Ltd.; Nanjing Caiqing Hardware Co., Ltd.; Nanjing Yuechang Hardware 
Co., Ltd.; Region Industries Co., Ltd.; Region System Sdn. Bhd; 
Schenker China Ltd Chengdu Branch; Schenker China Ltd.; SDC 
International Aust. Pty. Ltd.; Shandong Qingyun Hongyi Hardware 
Products Co., Ltd.; Shanxi Hairui Trade Co., Ltd.; Shanxi Pioneer 
Hardware Industrial Co., Ltd.; Shanxi Yuci Broad Wire Products Co., 
Ltd.; S-Mart (Tianjin) Technology Development Co., Ltd.; Suntec 
Industries Co., Ltd.; Tianjin Jinchi Metal Products Co., Ltd.; 
Tianjin Jinghai County Hongli Industry & Business Co., Ltd.; and 
Xi'an Metals & Minerals Import & Export Co., Ltd.
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    Consistent with our practice, we are not rescinding this review 
with respect to these companies but, instead, intend to complete the 
review and issue appropriate instructions to CBP based on the final 
results of the review.\5\
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    \5\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
Assessment of Duties).
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China-Wide Entity

    In accordance with Commerce's policy, the China-wide entity will 
not be under review unless a party specifically requests, or Commerce 
self-initiates, a review of the China-wide entity.\6\ Because no party 
requested a review of the China-wide entity in this review, the China-
wide entity is not under review and the weighted-average dumping margin 
for the China-wide entity is not subject to change (i.e., 118.04 
percent).\7\
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    \6\ Id.
    \7\ The China-wide rate determined in the investigation was 
118.04 percent. See Notice of Antidumping Duty Order: Certain Steel 
Nails from the People's Republic of China, 73 FR 44961 (August 1, 
2008) (Order).
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Preliminary Results of Review

    Commerce finds that the two mandatory respondents, Qingdao D&L 
Group Ltd. (Qingdao D&L) and Shanghai Yueda Nails Industry Co., Ltd., 
a.k.a. Shanghai Yueda Nails Co. (Shanghai Yueda), have not established 
their eligibility for a separate rate and are to be considered part of 
the China-wide entity for these preliminary results. Furthermore, 
because 427 additional companies did not submit separate rate 
applications or certifications, or no-shipment certifications, we 
preliminarily determine they are ineligible for a separate rate as well 
and are part of the China-wide entity. See Appendix I of the 
Preliminary Decision Memorandum for a full list of companies that are 
part of the China-wide entity.
    The statute and Commerce's regulations do not address what rate to 
apply to respondents not selected for individual examination when 
Commerce limits its examination in an administrative review pursuant to 
section 777A(c)(2) of the Act. Generally, Commerce 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 non-selected respondents that are not examined individually in 
an administrative review. Section 735(c)(5)(A) of the Act states that 
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually-examined respondents, 
excluding rates that are zero, de minimis, or based entirely on facts 
available. Section 735(c)(5)(B) of the Act provides that, where all 
rates are zero, de minimis, or based entirely on facts available, 
Commerce may use ``any reasonable method'' for assigning a rate to non-
examined respondents.
    However, for these preliminary results, we have not calculated any 
individual rates or assigned a rate based on facts available. 
Therefore, consistent with our recent practice, we preliminarily 
determine to assign to the non-individually examined separate rate 
respondents the most recently assigned separate rate in this 
proceeding, which is from the previous administrative review.\8\ Using 
this method, we are preliminarily assigning a separate rate margin of 
41.75 percent to the two non-individually examined companies, Shanghai 
Curvet Hardware Products Co., Ltd. and Tianjin Zhonglian Metals Ware 
Co., Ltd., that demonstrated their eligibility for a separate rate.
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    \8\ See, e.g., Shenzhen Xinboda Industrial Co., Ltd., v. United 
States, Court No. 15-00179, Slip Op. (CIT 2016); see also Certain 
Steel Threaded Rod From the People's Republic of China: Preliminary 
Results of the Antidumping Duty Administrative Review and Rescission 
of Antidumping Duty Administrative Review, in Part; 2015-2016, 82 FR 
21189, 21192 (May 5, 2017), unchanged in Certain Steel Threaded Rod 
from the People's Republic of China: Final Results of Antidumping 
Duty Administrative Review; 2015-2016, 82 FR 51611 (November 7, 
2017); and Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Preliminary Results and Partial Rescission of the 
Antidumping Duty Administrative Review; 2014-2015, 81 FR 64131, 
64133 (September 19, 2016), unchanged in Certain Frozen Fish Fillets 
From the Socialist Republic of Vietnam: Final Results and Partial 
Rescission of Antidumping Duty Administrative Review; 2014-2015, 82 
FR 15181 (March 27, 2017).
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    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the period August 1, 2019, 
to July 31, 2020:

[[Page 25843]]



------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Shanghai Curvet Hardware Products Co., Ltd..................       41.75
Tianjin Zhonglian Metals Ware Co., Ltd......................       41.75
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Disclosure and Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\9\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the time limit for filing case briefs.\10\ Parties who 
submit case brief or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\11\ Case and 
rebuttal briefs should be filed using ACCESS.\12\
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    \9\ See 19 CFR 351.309(c).
    \10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 
2020), and Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID 19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020) (collectively, Temporary Rule).
    \11\ See 19 CFR 351.309(c)(2).
    \12\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\13\ Hearing requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing 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.\14\ An electronically-filed document 
must be received successfully in its entirety by ACCESS by 5:00 p.m. 
Eastern Time on the established deadline. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\15\
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    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 351.310(d).
    \15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); and Temporary Rule.
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of all issues raised in the case briefs, within 120 
days of the publication of these preliminary results, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by this review.\16\ If the 
preliminary results are unchanged for the final results, we will 
instruct CBP to apply an ad valorem assessment rate of 118.04 percent 
to all entries of subject merchandise during the POR which were 
exported by 429 companies, including Qingdao D&L and Shanghai Yueda, in 
the China-wide entity. If Commerce continues to make a no-shipment 
finding in the final results for the 21 companies referenced in the 
``Preliminary Determination of No Shipments'' section above, any 
suspended entries of subject merchandise associated with those 
companies will also be liquidated at the China-wide rate. For the two 
companies receiving a separate rate, we intend to assign an assessment 
rate of 41.75 percent, consistent with the methodology described above.
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    \16\ See 19 CFR 351.212(b)(1).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
this notice, as provided by section 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 rate established in the final results of this review 
(except, if the rate is zero or de minimis, then a cash deposit rate of 
zero will be established for those companies); (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters of subject 
merchandise not listed above that continue to be eligible for a 
separate rate based on a completed prior segment of this proceeding, 
the cash deposit rate will continue to be that existing cash deposit 
rate published for the most recently completed period; (3) for all 
Chinese exporters of subject merchandise that have not been found to be 
entitled to a separate rate, including Qingdao D&L and Shanghai Yueda, 
the cash deposit rate will be 118.04 percent, the weighted-average 
dumping margin for the China-wide entity from the less-than-fair-value 
investigation; and (4) for all non-Chinese exporters of subject 
merchandise which have not received their own separate rate, the cash 
deposit rate will be the rate applicable to the Chinese exporter that 
supplied that non-Chinese exporter. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.

Notification to Importers

    This notice 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 any antidumping duties prior to 
liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(l) of the Act, and 19 CFR 
351.213(h)(1).

    Dated: May 3, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiation.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2021-09941 Filed 5-10-21; 8:45 am]
BILLING CODE 3510-DS-P