[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74882-74884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20760]


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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 Antidumping Duty Administrative Review and 
Intent To Rescind, in Part; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda 
Nails Industry Co., Ltd. (Shanghai Yueda), an exporter of certain steel 
nails from the People's Republic of China (China), sold subject 
merchandise in the United States at prices below normal value (NV) 
during the period of review (POR) August 1, 2022, through July 31, 
2023. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable September 13, 2024.

FOR FURTHER INFORMATION CONTACT: Bob Palmer or Hannah Lee, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-9068 or (202) 482-1216, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This administrative review is being conducted in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). 
Commerce published the notice of initiation of this administrative 
review on October 17, 2023.\1\ In addition to the mandatory respondent, 
Shanghai Yueda, this review also covers nine other companies. On April 
8, 2024, Commerce extended the preliminary results deadline until 
August 30, 2024.\2\ On July 22, 2024, Commerce tolled certain deadlines 
in this administrative proceeding by seven days.\3\ The deadline for 
the preliminary results is now September 6, 2024.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 17, 2023).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 8, 
2024.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Scope of the Order 4
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    \4\ 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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    The products covered by the Order are nails from China. A full 
description of the scope of the Order is contained in the Preliminary 
Decision Memorandum.\5\
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    \5\ For a complete description of the scope of the Order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Certain Steel Nails from the 
People's Republic of China; 2022-2023,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Intent To Rescind Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an antidumping duty order where it 
determines that there were no suspended entries of subject merchandise 
during the POR.\6\ Normally, upon completion of an administrative 
review, the suspended entries are liquidated at the antidumping duty 
assessment rate for the review period.\7\ Therefore, for an 
administrative review to be conducted, there must be a reviewable, 
suspended entry that Commerce can instruct Customs and Border 
Protection (CBP) to liquidate at the calculated antidumping duty 
assessment rate for the review period.\8\
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    \6\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length 
Plate from the Federal Republic of Germany: Recission of Antidumping 
Administrative Review; 2020-2021, 88 FR 4157 (January 24, 2023).
    \7\ See 19 CFR 351.212(b)(1).
    \8\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States, 
380 F. Supp. 3d 1328, 1335-36 (CIT 2019) (referencing section 751(a) 
of the Act, the U.S. Court of International Trade held that: ``While 
the statute does not explicitly require that an entry be suspended 
as a prerequisite for establishing entitlement to a review, it does 
explicitly state the determined rate will be used as the liquidation 
rate for the reviewed entries. This result can only obtain if the 
liquidation of entries has been suspended . . .);'' see also Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2018-2019, 86 FR 36102, and 
accompanying Issues and Decision Memorandum at Comment 4; and Solid 
Fertilizer Grade Ammonium Nitrate from the Russian Federation: 
Notice of Rescission of Antidumping Duty Administrative Review, 77 
FR 65532 (October 29, 2012) (noting that ``for an administrative 
review to be conducted, there must be a reviewable, suspended entry 
to be liquidated at the newly calculated assessment rate'').

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[[Page 74883]]

    On November 8, 2023, Commerce placed CBP entry data on the record 
for U.S. imports of the subject merchandise during the POR for 
respondent selection purposes.\9\ Eight companies under review have 
existing separate rates but no suspended entries during the POR.\10\ In 
the absence of any reviewable, suspended entries of subject merchandise 
from these companies during the POR, Commerce hereby notifies all 
interested parties of its intent to rescind this administrative review 
with respect to these companies. Commerce is providing interested 
parties with an opportunity to submit comments on this preliminary 
decision, including factual information. Comments, including factual 
information, from interested parties are due to Commerce no later than 
seven days after the publication of these preliminary results. Rebuttal 
comments, including rebuttal factual information, are due seven days 
thereafter. All submissions must be filed electronically at http://access.trade.gov in accordance with 19 CFR 351.303.
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    \9\ See Memorandum, ``Release of Customs Entry Data for 
Respondent Selection,'' dated November 8, 2023.
    \10\ See Appendix II for a list of these companies.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated export prices in accordance with 
section 772 of the Act. Because China is an NME country within the 
meaning of section 771(18) of the Act, NV has been calculated in 
accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics discussed in the Preliminary Decision Memorandum is included as 
an Appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Separate Rates

    We preliminarily determine that Shanghai Yueda is eligible for a 
separate rate in this administrative review. Because S-Mart (Tianjin) 
Technology Development Co., Ltd. (S-Mart) did not submit either a 
separate rate application or a separate rate certification, it is not 
eligible for a separate rate.

Preliminary Results of the Review

    As a result of our analysis of the information on the record, 
Commerce preliminarily determines the following estimated weighted-
average dumping margin exists for the POR: \11\
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    \11\ Because no interested party requested a review of the 
China-wide entity and Commerce no longer considers the China-wide 
entity as an exporter conditionally subject to administrative 
reviews, we did not conduct a review of the China-wide entity. Thus, 
the rate (i.e., 118.04 percent) for the China-wide entity is not 
subject to change as a result of this review. 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).

------------------------------------------------------------------------
                                                Weighted-average dumping
                   Exporter                        margin (percent ad
                                                        valorem)
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Shanghai Yueda Nails Co., Ltd., a.k.a.                             7.14
 Shanghai Yueda Nails Industry Co., Ltd.......
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to the parties no later than five days after the 
date of publication of this notice in accordance with 19 CFR 
351.224(b).
    Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit a 
case brief no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\12\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\13\
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    \12\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Final Service Rule).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\14\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\15\
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    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \15\ See APO and Final Service Rule.
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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, filed electronically via 
ACCESS. 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 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Final Results of Review

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of issues raised in the case and rebuttal briefs, within 120 days of 
the date of publication of this notice in the Federal Register.\16\
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    \16\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h)(1).

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[[Page 74884]]

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.\17\ Commerce intends to issue assessment instructions 
to CBP 35 days after the publication date 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).
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    \17\ See 19 CFR 351.212(b)(1).
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    If Shanghai Yueda'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 on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales and the total 
quantity of those sales, in accordance with 19 CFR 351.212(b)(1).\18\ 
Commerce will also calculate estimated ad valorem importer-specific 
assessment rates with which to assess whether the per-unit assessment 
rate is de minimis.\19\ We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific ad valorem assessment rate calculated in the final 
results of this review is not zero or de minimis. Where Shanghai 
Yueda's ad valorem weighted-average dumping margin is zero or de 
minimis, or an importer-specific ad valorem assessment rate is zero or 
de minimis,\20\ we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties. For entries that were not 
reported in the U.S. sales data submitted by Shanghai Yueda, Commerce 
will instruct CBP to liquidate such entries at the rate for the China-
wide entity.\21\
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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).
    \19\ For calculated (estimated) ad valorem importer-specific 
assessment rates used in determining whether the per-unit assessment 
rate is de minimis, see Memorandum, ``Preliminary Results Margin 
Calculation for Shanghai Yueda Nails Co., Ltd.,'' dated concurrently 
with this notice, and accompanying Margin Calculation Program Logs 
and Outputs.
    \20\ See 19 CFR 351.106(c)(2).
    \21\ See NME Practice for a full discussion.
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    For the final results, if we continue to treat S-Mart as part of 
the China-wide entity, 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 was exported by that company.
    For the companies for which we intend to rescind the review in the 
final results based on no reviewable entries, provided we receive no 
contrary information, we intend to instruct CBP to assess antidumping 
duties on all appropriate entries at a rate equal to the cash deposit 
rate 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). Commerce intends to issue assessment instructions to 
CBP for these companies no earlier than 35 days after the date of 
publication of the final results in the Federal Register.
    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, as applicable.

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, as 
provided by section 751(a)(2)(C) of the Act: (1) for Shanghai Yueda, 
the cash deposit rate will be equal to the weighted-average dumping 
margin established in the final results of this review (except that if 
the ad valorem rate is de minimis, then the cash deposit rate will be 
zero); (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 existing exporter-specific cash 
deposit 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; 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 also 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 antidumping 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 duties occurred and the subsequent assessment of double 
antidumping duties.

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)(4).

    Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Intent to Rescind Review, In Part
V. Discussion of the Methodology
VI. Recommendation

Appendix II

Non-Selected Companies Under Review

1. Hebei Minmetals Co., Ltd.
2. Nanjing Caiqing Hardware Co., Ltd.
3. Nanjing Yuechang Hardware Co., Ltd.
4. Shandong Qingyun Hongyi Hardware Products Co., Ltd.
5. Shanxi Hairui Trade Co., Ltd.
6. Suntec Industries Co., Ltd.
7. Tianjin Jinchi Metal Products Co., Ltd.
8. Xi'an Metals & Minerals Import & Export Co., Ltd.

[FR Doc. 2024-20760 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P