[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Notices]
[Pages 48153-48156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16912]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-112]


Certain Collated Steel Staples From the People's Republic of 
China: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Tianjin Hweschun Fasteners Manufacturing Co., Ltd. 
(Tianjin Hweschun) and Zhejiang Best Nail Industrial Co., Ltd./Shaoxing 
Bohui Import & Export Co., Ltd. (Best Nail/Shaoxing Bohui) did not make 
sales of subject merchandise at less than normal value (NV), and that 
one company had no shipments of subject merchandise during the period 
of review (POR) January 8, 2020, through June 30, 2021. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable August 8, 2022.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Max Goldman, 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) 482-1766 or (202) 
482-0224, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on certain collated steel staples from the People's Republic 
of China (China).\1\ In addition to the two mandatory respondents, 
Tianjin Hweschun and Best Nail/Shaoxing Bohui,\2\ this review also

[[Page 48154]]

covers China Staple (Tianjin) Co., Ltd. (China Staple), Shanghai Yueda 
Nails Co., Ltd. (Shanghai Yueda), Shijiazhuang Shuangming Trade Co., 
Ltd. (Shijiazhuang Shuangming), Tianjin Jinyifeng Hardware Co., Ltd. 
(Tianjin Jinyifeng), and Unicorn Fasteners Co., Ltd. (Unicorn).\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation 
Notice).
    \2\ See Memorandum, ``Antidumping Duty Administrative Review of 
Certain Collated Steel Staples from the People's Republic of China: 
Respondent Selection,'' dated November 9, 2021. We are preliminarily 
treating Best Nail and Shaoxing Bohui as a collapsed entity for the 
period beginning December 25, 2020, and through the remainder of the 
POR, for purposes of this administrative review. See Memorandum, 
``Antidumping Duty Administrative Review of Certain Collated Steel 
Staples from the People's Republic of China: Preliminary 
Determination of Affiliation and Single Entity Determination 
Memorandum,'' dated March 23, 2022, for further discussion.
    \3\ Id., 86 FR 50043. The Initiation Notice lists Unicom 
Fasteners Co., Ltd. but the correct name for this company is Unicorn 
Fasteners Co., Ltd. (Unicorn Fasteners). See also Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 86 FR 
61121 (November 5, 2021) (correcting Unicorn Fastener's company 
name).
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    For events that occurred since the publication of the Initiation 
Notice and the analysis behind our preliminary results herein, see the 
Preliminary Decision Memorandum.\4\ 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://access.trade.gov/public/FRNoticesListLayout.aspx. A list of topics 
discussed in the Preliminary Decision Memorandum is included in the 
appendix to this notice.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Certain Collated 
Steel Staples from the People's Republic of China; 2020-2021,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order 5
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    \5\ See Certain Collated Steel Staples from the People's 
Republic of China: Antidumping Duty Order, 85 FR 43815 (July 20, 
2020) (Order).
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    The products covered by the Order are certain collated steel 
staples from China. For a complete description of the scope of the 
Order, see the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    Based on an analysis of information from U.S. Customs and Border 
Protection (CBP), the no shipment certification, and other record 
information, we preliminarily determine that Unicorn had no shipments 
of subject merchandise during the POR. Consistent with our practice in 
non-market economy (NME) cases, we are not rescinding this review with 
respect to Unicorn but, rather, we intend to complete the review and 
issue appropriate instructions to CBP based on the final results of the 
review.\6\
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    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
AD Assessment); see also the ``Assessment Rates'' section, below.
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Separate Rates

    We preliminarily determine that, in addition to Tianjin Hweschun 
and Best Nail/Shaoxing Bohai, one not individually-examined company, 
Tianjin Jinyifeng, is eligible for a separate rate in this 
administrative review.\7\ The Tariff Act of 1930, as amended (the Act), 
and Commerce's regulations do not address the establishment of a 
separate rate to be applied to companies 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 separate-rate respondents which Commerce did 
not examine individually in an administrative review. For the 
preliminary results of this review, Commerce has determined the 
estimated dumping margins for Tianjin Hweschun and Best Nail/Shaoxing 
Bohai are both zero.\8\ For the reasons explained in the Preliminary 
Decision Memorandum, we are assigning this rate to the non-examined 
respondent, Tianjin Jinyifeng, which qualifies for a separate rate in 
this review.
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    \7\ See Preliminary Decision Memorandum at the ``Separate Rate 
Determinations'' section for more details.
    \8\ See Memoranda, ``Preliminary Results Margin Calculation for 
Tianjin Hweschun Fasteners Manufacturing Co., Ltd.'' and 
``Preliminary Results Margin Calculation for Zhejiang Best Nail 
Industrial Co., Ltd./Shaoxing Bohui Import & Export Co., Ltd.,'' 
both dated concurrently with this notice.
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The China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\9\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity, the entity is not 
under review, and the entity's rate (i.e., 112.01 percent) \10\ is not 
subject to change. See the Preliminary Decision Memorandum for further 
discussion.
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    \9\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \10\ See Order, 85 FR at 43816.
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    Aside from Unicorn for which we preliminarily find no shipments, 
Commerce considers all other companies for which a review was requested 
and did not demonstrate separate rate eligibility to be part of the 
China-wide entity.\11\ For the preliminary results of this review, we 
consider three companies to be part of the China-wide entity: China 
Staple, Shanghai Yueda, and Shijiazhuang Shuangming.
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    \11\ See Initiation Notice (``All firms listed below that wish 
to qualify for separate rate status in the administrative reviews 
involving NME countries must complete, as appropriate, either a 
separate rate application or certification, as described below.'').
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Methodology

    We are conducting this administrative review in accordance with 
section 751(a)(1)(B) of the Act and 19 CFR 351.213. Commerce has 
calculated export prices in accordance with section 772(a) of the Act 
and constructed export prices in accordance with section 772(b) of the 
Act. Because China is an NME within the meaning of section 771(18) of 
the Act, we calculated NV in accordance with section 773(c) of the Act.

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the POR January 8, 2020, through June 30, 
2021:

------------------------------------------------------------------------
                                                        Weighted-average
                      Exporters                          dumping margin
                                                           (percent)
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Tianjin Hweschun Fasteners Manufacturing Co., Ltd....               0.00
Zhejiang Best Nail Industrial Co., Ltd./Shaoxing                    0.00
 Bohui Import & Export Co., Ltd......................

[[Page 48155]]

 
Tianjin Jinyifeng Hardware Co., Ltd..................               0.00
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Disclosure and Public Comment

    We intend to disclose to interested parties the calculations 
performed for these preliminary results in accordance with 19 CFR 
351.224(b). A timeline for the submission of case briefs and written 
comments will be provided to interested parties at a later date. 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than seven days after the deadline date for case 
briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in this review 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. Executive 
summaries should be limited to five pages total, including footnotes. 
Case and rebuttal briefs should be filed using ACCESS \13\ and must be 
served on interested parties.\14\ Note that Commerce has modified 
certain of its requirements for serving documents containing business 
proprietary information until further notice.\15\
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    \12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect.'')).
    \13\ See generally 19 CFR 351.303.
    \14\ See 19 CFR 351.303(f).
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance filed electronically via Commerce's electric 
records system, ACCESS. An electronically-filed request must be 
received successfully in its entirety by 5:00 p.m. Eastern Time within 
30 days after the date of publication of this notice.\16\ Requests 
should contain (1) the party's name, address, and telephone number; (2) 
the number of participants; (3) whether any participant is a foreign 
national; and (4) a list of the issues to be discussed. If a request 
for a hearing is made, Commerce intends to hold the hearing at a time 
and date to be determined.\17\ Parties should confirm by telephone the 
date and time of the hearing two days before the scheduled date.
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    \16\ See 19 CFR 351.310(c)
    \17\ See 19 CFR 351.310(d).
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    Unless otherwise extended, we intend to issue the final results of 
this administrative review, which will include the results of our 
analysis of the issues raised in the case briefs, within 120 days of 
publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon for its final results.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review, in accordance with 19 CFR 351.212(b). If a mandatory 
respondent's ad valorem weighted-average dumping margin is not zero or 
de minimis (i.e., less than 0.50 percent) in the final results of this 
review, Commerce will calculate importer-specific assessment rates for 
that respondent, in accordance with 19 CFR 351.212(b)(1).\18\ Pursuant 
to 19 CFR 351.212(b)(1), where the respondent reported the entered 
value of its U.S. sales, we will calculate importer-specific ad valorem 
duty assessment rates based on the ratio of the total amount of dumping 
calculated for the examined sales to the total entered value of the 
sales for which entered value was reported. Where the respondent did 
not report entered value, we will calculate importer-specific per-unit 
duty assessment rates based on the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
quantity of those sales. To determine whether an importer-specific, 
per-unit assessment rate is de minimis, in accordance with 19 CFR 
351.106(c)(2), we also will calculate an importer-specific ad valorem 
ratio based on estimated entered values.
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    \18\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    If, in the final results, the mandatory respondent's weighted-
average dumping margin continues to be zero or de minimis (i.e., less 
than 0.5 percent), Commerce will instruct CBP to liquidate the 
appropriate entries for that respondent without regard to antidumping 
duties.\19\ For entries that were not reported in the U.S. sales 
databases submitted by each mandatory respondent during this review, 
and for the three companies that do not qualify for a separate rate, 
Commerce will instruct CBP to liquidate such entries at the China-wide 
rate (i.e., 112.01 percent).\20\ In addition, if we continue to find no 
shipments of subject merchandise for Unicorn, for which we 
preliminarily find no such shipments during the POR, any suspended 
entries of subject merchandise associated with this company will be 
liquidated at the China-wide rate.\21\
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    \19\ See 19 CFR 351.106(c)(2).
    \20\ The China-wide rate determined in the investigation was 
122.55 percent. See Order, 85 FR at 43816. This rate was adjusted 
for export subsidies to determine the cash deposit rate (112.01 
percent) collected for companies in the China-wide entity.
    \21\ See NME AD Assessment.
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    For Tianjin Jinyifeng, the respondent that was not selected for 
individual examination in this administrative review that qualified for 
a separate rate, the assessment rate will be the separate rate 
established in the final results of this administrative review.
    Commerce intends to issue appropriate assessment instructions to 
CBP 35 days after the publication of the final results 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 review for all shipments of 
the subject merchandise from China 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

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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 de minimis, then a cash deposit rate of zero 
will be required); (2) for previously investigated or reviewed Chinese 
and non-Chinese exporters for which a review was not requested and that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
rate; (3) for all Chinese exporters of subject merchandise that have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be the rate for the China-wide entity (i.e., 112.01 percent); and 
(4) for all non-Chinese exporters of subject merchandise that have not 
received their own rate, the cash deposit rate will be the rate 
applicable to 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 also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification to Interested Parties

    We are issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act, 
and 19 CFR 351.221(b)(4).

    Dated: July 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Affiliation and Collapsing
VII. Preliminary Determination of No Shipments
VIII. Discussion of the Methodology
IX. Recommendation

[FR Doc. 2022-16912 Filed 8-5-22; 8:45 am]
BILLING CODE 3510-DS-P