[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8800-8802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02816]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-112]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Tianjin Hweschun Fasteners Manufacturing Co., Ltd. (Hweschun) and 
Zhejiang Best Nail Industrial Co., Ltd./Shaoxing Bohui Import & Export 
Co., Ltd. (Best Nail/Shaoxing Bohui) did not sell certain collated 
steel staples from the People's Republic of China (China) at less than 
normal value during the period of review (POR), January 8, 2020, 
through June 30, 2021. Commerce further determines that Unicorn 
Fasteners Co., Ltd. (Unicorn Fasteners) made no shipments and Tianjin 
Jinyifeng Hardware Co., Ltd. (Tianjin Jinyifeng) had no reviewable 
entries of the subject merchandise during the POR. Commerce also 
determines that China Staple (Tianjin) Co., Ltd. (China Staple); 
Shanghai Yueda Nails Co., Ltd. (Shanghai Yueda); and Shijiazhuang 
Shuangming Trade Co., Ltd. (Shijiazhuang Shuangming) have not 
established their separate rate eligibility and, therefore, are part of 
the China-wide entity.

DATES: Applicable February 10, 2023.

FOR FURTHER INFORMATION CONTACT: Max Goldman or Brian Smith, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0224 or (202) 482-1766, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On August 8, 2022, Commerce published the Preliminary Results.\1\ 
For events subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\2\
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    \1\ See 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, 87 FR 48153 (August 8, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Certain Collated Steel Staples from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the 2020-2021 Antidumping Duty Administrative 
Review,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Order \3\
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    \3\ 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 merchandise subject to the Order is certain collated steel 
staples which are currently classifiable under subheading 8305.20.0000 
of the Harmonized Tariff Schedule of the United States (HTSUS). While 
the HTSUS subheading and ASTM specification are provided for 
convenience and for customs purposes, the written description of the 
subject merchandise is dispositive. A full description of the scope of 
the Order is contained in the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed in 
the Issues and Decision Memorandum is provided in the appendix to this 
notice. The Issues and 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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. Changes Since the Preliminary Results.
    Based on our verification findings, review of the record, and 
comments received from interested parties regarding our Preliminary 
Results, we made changes to the margin calculation for Best Nail/
Shaoxing Bohui.\4\
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    \4\ See Issues and Decision Memorandum; see also Memorandum, 
``Final Results Calculation Memorandum for Best Nail/Shaoxing 
Bohui,'' dated concurrently with this notice.
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that 
Unicorn Fasteners had no shipments of subject merchandise to the United 
States during the POR.\5\ No party filed comments with respect to this 
preliminary finding and we received no information to contradict it. 
Therefore, we continue to find that Unicorn Fasteners had no shipments 
of subject merchandise during the POR and will issue appropriate 
liquidation instructions that are consistent with our ``automatic 
assessment'' clarification for these final results.\6\
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    \5\ See Preliminary Results, 87 FR at 48154.
    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).
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Partial Rescission

    In the Preliminary Results, we preliminarily granted Tianjin 
Jinyifeng Hardware Co., Ltd. (Jinyifeng) a separate rate. However, 
based on comments received from interested parties and the record 
information, we determine that Jinyifeng had no reviewable entries of 
subject merchandise during the POR.\7\ Therefore, we are rescinding 
this review with respect to Jinyifeng in accordance with 19 CFR 
351.213(d)(3) because Jinyifeng did not have a reviewable entry of 
subject merchandise during the POR.
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    \7\ See Issues and Decision Memorandum at Comment 2 for further 
discussion.
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Separate Rate Respondents

    In our Preliminary Results, we determined that Best Nail/Shaoxing 
Bohui, Hweschun, and Jinyifeng demonstrated their eligibility for 
separate rates.\8\ We received no arguments since the issuance of the 
Preliminary Results that provide a basis for reconsideration of this 
determination with respect to Best Nail/Shaoxing Bohui and Hweschun. 
Therefore, for these final results, we continue to find that Best Nail/
Shaoxing Bohui and Hweschun are each eligible for a separate rate, as 
indicated in the table in the ``Final Results of Review'' section of 
this notice. As noted above, we are rescinding this review with respect 
to Jinyifeng in the final results.
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    \8\ See Preliminary Results PDM at 5-9.
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The China-Wide Entity

    In the Preliminary Results, Commerce found that three companies for 
which a review was requested \9\ did not establish eligibility for a 
separate rate because they did not file a timely separate rate 
application or a separate rate certification, as appropriate.\10\ No 
party commented on the Preliminary Results with respect to these three 
companies' separate rate ineligibility. Therefore, for these final 
results, we determine the three companies at issue to be part of the 
China-wide entity. Because no party requested a review of the China-
wide

[[Page 8801]]

entity, and Commerce no longer considers the China-wide entity as an 
exporter conditionally subject to administrative reviews,\11\ we did 
not conduct a review of the China-wide entity. Thus, the weighted-
average dumping margin for the China-wide entity (i.e., 112.01 percent) 
\12\ is not subject to change as a result of this review.
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    \9\ Id. at 9-10. These companies are China Staple; Shanghai 
Yueda; and Shijiazhuang Shuangming.
    \10\ Id.
    \11\ 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, 65969-70 (November 
4, 2013).
    \12\ The China-wide rate determined in the less-than-fair-value 
investigation is 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) for companies in the China-wide entity.
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Final Results of Review

    For companies subject to this review, which established their 
eligibility for a separate rate, Commerce determines that the following 
weighted-average dumping margins exist for the period 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 Bohui              0.00
 Import & Export Co., Ltd...................................
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Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) 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 these final results of review. Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of these final results. 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).
    For both mandatory respondents whose ad valorem weighted-average 
dumping margins are zero, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\13\ For 
entries that were not reported in the U.S. sales databases submitted by 
each mandatory respondent during this review, Commerce will instruct 
CBP to liquidate such entries at the China-wide rate (i.e., 112.01 
percent).
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    \13\ See 19 CFR 351.106(c)(2).
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    For the companies identified as part of the China-wide entity, 
China Staple, Shanghai Yueda, and Shijiazhuang Shuangming, we will 
instruct CBP to apply the China-wide rate (i.e., 112.01 percent) to all 
entries of subject merchandise during the POR which were exported by 
those companies.
    For Unicorn Fasteners, which Commerce determined had no shipments 
of the subject merchandise), any suspended entries that entered under 
that exporter's case number (i.e., at that exporter's cash deposit 
rate) will be liquidated at the rate for the China-wide entity, 
consistent with Commerce's assessment practice in non-market economy 
cases.\14\ For Jinyifeng, for which the administrative review is 
rescinded, antidumping duties shall be assessed at a rate equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(i).
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    \14\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694.
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Cash Deposit Requirements

    The following per-unit cash deposit requirements will be effective 
upon publication of the final results of this administrative 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 by section 751(a)(2)(C) of the Act: (1) for Best 
Nail/Shaoxing Bohui and Hweschun, the cash deposit rate will be equal 
to their weighted-average dumping margins established in the final 
results of this review; (2) for previously investigated or reviewed 
Chinese and non-Chinese exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recently completed segment of this 
proceeding in which they were reviewed; (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 equal to the weighted-
average dumping margin for the China-wide entity (i.e., 112.01 
percent); 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(s) that supplied 
that non-Chinese exporter. These per-unit 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 and/or countervailing 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 and/or countervailing duties has 
occurred and the subsequent assessment of double antidumping duties.

Administrative Protective Order (APO)

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

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act.

    Dated: February 3, 2023.
Lisa W. Wang,
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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether to Apply Adverse Facts Available to Hweschun 
and Best Nail/Shaoxing Bohui
    Comment 2: Whether Jinyifeng Is Eligible for a Separate Rate

[[Page 8802]]

    Comment 3: Whether to Conduct a Bona Fides Analysis of Best 
Nail's Sales
    Comment 4: Valuation of Best Nail's Reported Glue Factor
    Comment 5: Valuation of Hweschun's Non-Market Economy Ocean 
Freight
    Comment 6: Whether to Grant Hweschun a Steel Scrap Offset
VI. Recommendation

[FR Doc. 2023-02816 Filed 2-9-23; 8:45 am]
BILLING CODE 3510-DS-P