[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Pages 54190-54191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19062]


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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 the Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
eleven companies subject to this review had no shipments of certain 
steel nails (nails) from the People's Republic of China (China) during 
the period of review (POR) August 1, 2020, through July 31, 2021. 
Further, Commerce finds that any company potentially subject to 
individual or non-individual examination under this review failed to 
establish its eligibility for a separate rate and all entries of 
subject merchandise during the POR are subject to the China-wide entity 
rate.

DATES: Applicable September 2, 2022.

FOR FURTHER INFORMATION CONTACT: Zachariah Hall, 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) 482-6261.

SUPPLEMENTARY INFORMATION:

Background

    On May 9, 2022, Commerce published the preliminary results of the 
2020-2021 administrative review of the antidumping duty order on nails 
from China \1\ and invited comments from interested parties.\2\ No 
interested party commented. We preliminarily found that that no company 
subject to this administrative review has established its eligibility 
for a separate rate and, therefore, aside from the 11 companies which 
we found made no shipments of subject merchandise during the POR, 
Commerce considers all other companies for which a review was 
requested, and which did not demonstrate separate rate eligibility, to 
be part of the China-wide entity.
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    \1\ See Certain Steel Nails from the People's Republic of China; 
2020-2021: Preliminary Results of the Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2020-2021, 87 FR 27564 (May 9, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Preliminary Results, 87 FR at 27565-27566.
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Scope of the Order

    The products covered by the Order \3\ are nails from China. For a 
complete description of the scope, see the Preliminary Decision 
Memorandum.\4\
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    \3\ See Notice of Antidumping Duty Order: Certain Steel Nails 
from the People's Republic of China, 73 FR 44961 (August 1, 2008) 
(Order).
    \4\ See Preliminary Results PDM at 2-3.
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\5\ 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 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 
China-wide entity's rate (i.e., 118.04 percent) is not subject to 
change as a result of this review.\7\
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    \5\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \6\ Id.
    \7\ See Order.
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Final Results of Review

    In the Preliminarily Results, Commerce determined that 11 companies 
under review had no shipments of subject merchandise during the POR.\8\ 
We received no

[[Page 54191]]

arguments identifying information that contradicts this determination. 
Therefore, we continue to find that these companies had no shipments of 
subject merchandise to the United States during the POR and will issue 
appropriate liquidation instructions.\9\
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    \8\ These companies are: Hebei Minmetals Co., Ltd.; Nanjing 
Caiqing Hardware Co., Ltd.; Nanjing Yuechang Hardware Co., Ltd.; 
Shandong Qingyun Hongyi Hardware Products Co., Ltd.; Shanxi Hairui 
Trade Co., Ltd.; Shanxi Pioneer Hardware Industrial 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.
    \9\ 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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    Additionally, in the Preliminary Results, Commerce found that no 
company subject to this administrative review had established its 
eligibility for a separate rate. In the Preliminary Results, we found 
that 15 companies did not submit separate rate applications or 
certifications, or no-shipment certifications, and two companies that 
submitted no-shipment certifications failed to respond to the results 
of our no-shipment inquiry to demonstrate they had no shipments of 
subject merchandise to the United States during the POR. Therefore, we 
find that these 17 companies continue not to be eligible for a separate 
rate and are part of the China-wide entity.\10\ See the appendix of 
this notice for a list of these companies.
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    \10\ See Preliminary Results, 76 FR at 27564, 27565.
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    For additional details, see the Preliminary Decision Memorandum, 
which 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 http://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.

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by this review, in accordance with section 751(a)(2)(C) of the 
Act and 19 CFR 351.212(b). 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 the 17 companies in the China-
wide entity. In addition, we will instruct CBP to assess any suspended 
entries of subject merchandise associated with the companies that 
claimed no shipments of subject merchandise during the POR at the 
China-wide rate.
    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 
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., 118.04 percent); (2) for a 
previously examined Chinese and non-Chinese exporter that received a 
separate rate in a prior completed segment of this proceeding, the cash 
deposit rate will continue to be the existing exporter-specific cash 
deposit rate; and (3) 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 Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification Regarding Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to 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 
subject to sanction.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213, and 19 CFR 351.221(b)(5).

    Dated: August 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Comliance.

Appendix--Companies Determined To Be Part of the China-Wide Entity

1. Dezhou Hualude Hardware Products Co., Ltd.
2. Huanghua Jinhai Hardware Products Co. Ltd.
3. Huanghua Xionghua Hardware Products Co., Ltd.
4. Jining Dragon Fasteners Co., Ltd.
5. Jining Huarong Hardware Products Co., Ltd.
6. Jining Yonggu Metal Products Co., Ltd.
7. SDC International Australia Pty. Ltd.
8. Shandong Oriental Cherry Hardware Group Heze Products Co., Ltd.
9. Shandong Oriental Cherry Hardware Import and Export Co., Ltd.
10. Shanghai Curvet Hardware Products Co., Ltd.
11. Shanghai Yueda Nails Industry Co., Ltd., a.k.a. Shanghai Yueda 
Nails Co., Ltd.
12. Shanxi Tianli Industries Co., Ltd.
13. Tianjin Jishili Hardware Products Co., Ltd.
14. Tianjin Universal Machinery Imp. & Exp. Corporation
15. Tianjin Zhitong Metal Products Co., Ltd.
16. Tianjin Zhonglian Metals Ware Co., Ltd.
17. Zhejiang Gem-Chun Hardware Accessory Co., Ltd.

[FR Doc. 2022-19062 Filed 9-1-22; 8:45 am]
BILLING CODE 3510-DS-P