[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51284-51286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16566]



[[Page 51284]]

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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; 2021-2022

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) did not make sales of subject merchandise at less 
than normal value (NV), and that four companies had no shipments of 
subject merchandise during the period of review (POR) July 1, 2021, 
through June 30, 2022. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable August 3, 2023.

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 mandatory respondent, Tianjin 
Hweschun,\2\ this review also covers Zhejiang Best Nail Industrial Co., 
Ltd. (Best Nail)/Shaoxing Bohui Import & Export Co., Ltd. (Best Nail/
Shaoxing Bohui),\3\ 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 Fasteners).\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54463 (September 6, 2022) (Initiation 
Notice).
    \2\ See Memorandum, ``Respondent Selection,'' dated October 21, 
2022.
    \3\ 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).
    \4\ See Initiation Notice.
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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.\5\ A list of topics discussed in the 
Preliminary Decision Memorandum is included in the appendix to this 
notice. 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.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Collated Steel Staples from the People's Republic of 
China; 2021-2022,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Scope of the Order 6
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    \6\ 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 certifications, and other record 
information, we preliminarily determine that Best Nail/Shaoxing Bohui, 
Tianjin Jinyifeng, and Unicorn Fasteners 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 
these companies but, rather, we intend to complete the review and issue 
appropriate instructions to CBP based on the final results of the 
review.\7\
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    \7\ 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, infra.
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Separate Rates

    We preliminarily determine that Tianjin Hweschun is eligible for a 
separate rate in this administrative review.\8\ Because China First, 
Shanghai Yueda, and Shijiazhuang Shuangming did not submit either a 
separate rate application or a separate rate certification, they are 
not eligible for a separate rate.
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    \8\ See Preliminary Decision Memorandum at the ``Separate Rate 
Determinations'' section for more details.
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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 Best Nail/Shaoxing Bohui, Tianjin Jinyifeng, and Unicorn 
Fasteners, for which we preliminarily find 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.\11\ For the 
preliminary results of this review, we consider three companies to be 
part of the China-wide entity: China First; 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 Tariff Act of 1930, as amended (the Act) 
and 19 CFR 351.213. Commerce has calculated constructed export price 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 margin exists for the period July 1, 2021, through June 30, 
2022:

[[Page 51285]]



------------------------------------------------------------------------
                                                            Weighted-
                                                             average
                        Exporter                         dumping  margin
                                                             (percent)
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Tianjin Hweschun Fasteners Manufacturing 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). Interested parties may submit case briefs no later than 30 
days after the date of publication of these preliminary results of 
review.\12\ Rebuttal briefs, limited to issues raised in case briefs, 
may be submitted no later than seven days after the deadline date for 
case briefs.\13\ 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.
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    \12\ See 19 CFR 351.309(c).
    \13\ 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, {Enforcement and Compliance{time}  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.'')).
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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 within 30 days after the date of publication 
of this notice.\14\ 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.\15\ 
Parties should confirm by telephone the date and time of the hearing 
two days before the scheduled date.
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
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    All briefs and hearing requests must be filed electronically using 
ACCESS \16\ and must be served on interested parties.\17\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\18\
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    \16\ See 19 CFR 351.303.
    \17\ See 19 CFR 351.303(f).
    \18\ 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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    Unless the deadline is 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 by the parties 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).

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 Tianjin 
Hweschun'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).\19\ 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 those 
sales. 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 dumping 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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    \19\ 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, Tianjin Hweschun'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 without regard to antidumping duties.\20\ For entries that were 
not reported in the U.S. sales database submitted by Tianjin Hweschun 
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).\21\ In addition, if we 
continue to find no shipments of subject merchandise for Best Nail, 
Shaoxing Bohui, Tianjin Jinyifeng, and/or Unicorn Fasteners in the 
final results, any suspended entries of subject merchandise associated 
with these companies will be liquidated at the China-wide rate.\22\
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    \20\ See 19 CFR 351.106(c)(2).
    \21\ 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.
    \22\ See NME AD Assessment.
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    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 Tianjin 
Hweschun, 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 the Chinese 
exporter that supplied that non-Chinese exporter. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

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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, and/or increase in the amount of antidumping duties by the 
amount of the countervailing 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 28, 2023.
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. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Recommendation

[FR Doc. 2023-16566 Filed 8-2-23; 8:45 am]
BILLING CODE 3510-DS-P