[Federal Register Volume 91, Number 18 (Wednesday, January 28, 2026)]
[Notices]
[Pages 3707-3710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01638]
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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 and Rescission, in Part, of Antidumping Duty
Administrative Review; 2023-2024
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) and Shanghai Yueda Nails
(Chuzhou) Ltd. (Chuzhou Yueda) (collectively, Yueda Nails), exporters
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, 2023, through
July 31, 2024. Commerce is also rescinding the review with respect to
four exporters that had no reviewable entries of subject merchandise
during the POR. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable January 28, 2026.
FOR FURTHER INFORMATION CONTACT: Hannah Lee or Matthew Lipka, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1219 or (202) 482-7976,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2008, Commerce published in the Federal Register the
antidumping duty order on certain steel nails from China.\1\ After
receiving multiple review requests,\2\ Commerce
[[Page 3708]]
published the notice of initiation of this administrative review on
September 20, 2024.\3\ Between October 21 and 28, 2024, we received
timely separate rate applications (SRA) or separate rate certifications
(SRC) from Shanghai Yueda and Chuzhou Yueda.\4\ Additionally, three
companies submitted no-shipment certifications.\5\
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\1\ See Notice of Antidumping Duty Order: Certain Steel Nails
from the People's Republic of China, 73 FR 44961 (August 1, 2008)
(Order).
\2\ See Mid Continent Steel & Wire, Inc.'s Letter, ``Request for
Administrative Review,'' dated August 29, 2024; see also Shanghai
Yueda's Letter, ``Request for Administrative Review,'' dated
September 3, 2024; and Chuzhou Yueda's Letter, ``Request for
Administrative Review,'' dated September 3, 2024.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 77079 (September 20, 2024) (Initiation
Notice).
\4\ See Shanghai Yueda's Letter, ``Separate Rate
Certification,'' dated October 21, 2024; see also Chuzhou Yueda's
Letter, ``Chuzhou Yueda's Separate Rate Application,'' dated October
28, 2024.
\5\ See Shanxi Hairui Trade Co., Ltd's Letter, ``No Shipment
Certification'' dated October 21, 2024; see also Hebei Minmetals
Co., Ltd.'s Letter, ``Hebei Minmentals' No Shipment Letter,'' dated
October 21, 2024; and Tianjin Jinchi Metal Products Co., Ltd.'s
Letter, ``No Shipment Letter for Tianjin Jinchi,'' dated October 21,
2024. We note that an administrative review was not requested nor
initiated for Shanxi Hairui Trade Co. Ltd.
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On December 9, 2024, Commerce tolled the deadline to issue the
preliminary results in this administrative review by 90 days.\6\ On
June 27, 2025, Commerce extended the preliminary results deadline by 91
days.\7\ Due to the lapse in appropriations and Federal Government
shutdown, on November 14, 2025, Commerce tolled all deadlines in
administrative proceedings by 47 days,\8\ and, due to a backlog of
documents that were electronically filed via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) during the Federal Government shutdown, on
November 24, 2025, Commerce tolled all deadlines in administrative
proceedings by an additional 21 days.\9\ On January 7, 2026, Commerce
extended the preliminary results deadline by an additional nine
days.\10\ Accordingly, the deadline for these preliminary results is
now January 16, 2026.
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\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated June 27,
2025.
\8\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\9\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\10\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
7, 2026.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\11\
The Preliminary Decision Memorandum is a public document and is on file
electronically via 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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\11\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Certain Steel
Nails from the People's Republic of China; 2023-2024,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order 12
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\12\ See 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.\13\
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\13\ See Preliminary Decision Memorandum.
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Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.212(a), ``{g{time} enerally, the amount of
duties to be assessed is determined in a review of the order covering a
discrete period of time.'' Thus, normally, upon completion of an
administrative review, suspended entries of subject merchandise are
liquidated at the antidumping duty assessment rate calculated for the
review period.\14\ Therefore, in order to apply the final antidumping
duty liability that was determined in an administrative review for a
particular company, there must be at least one suspended entry of that
company's subject merchandise that Commerce can instruct U.S. Customs
and Border Protection (CBP) to liquidate at the antidumping duty
assessment rate calculated for the review period. Pursuant to 19 CFR
351.213(d)(3), Commerce will rescind an administrative review if it
concludes that, during the period covered by the review, there were no
entries, exports, or sales of the subject merchandise, as the case may
be.\15\ Because the entry data that we obtained from CBP showed no
suspended entries of subject merchandise from the four companies
identified in Appendix II, on December 30, 2024, we notified parties of
our intent to rescind this administrative review with respect to those
companies.\16\ No party commented on our intent to rescind this review
with respect to these companies. Therefore, in the absence of any
suspended entries of subject merchandise during the POR from the
companies listed in Appendix II, we are rescinding this administrative
review with respect to these companies, in accordance with 19 CFR
351.213(d)(3).
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\14\ See 19 CFR 351.212(b)(1).
\15\ See, e.g., Dioctyl Terephthalate from the Republic of
Korea: Rescission of Antidumping Administrative Review; 2021-2022,
88 FR 24758 (April 24, 2023); see also 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).
\16\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated December 30, 2024.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We
calculated export prices in accordance with section 772 of the Act.
Because China is a non-market economy 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.
Separate Rates
In the Initiation Notice, we informed parties that firms for which
the review was initiated that wished to qualify for separate rate
status must complete, as appropriate, either an SRA or SRC.\17\ We
preliminarily determine that Yueda Nails \18\ is eligible for a
separate rate.
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\17\ See Initiation Notice, 89 FR at 77080.
\18\ Commerce has preliminarily determined that the two
mandatory respondents, Shanghai Yueda and Chuzhou Yueda, are
affiliated and has treated them as a single entity (Yueda Nails).
See Memorandum, ``Affiliation and Single Entity Determination,''
dated concurrently with this notice; see also Preliminary Decision
Memorandum.
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China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\19\ 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 weighted-average dumping margin
assigned to the China-wide entity (i.e. 118.04 percent) is not subject
to change as a result of this administrative review.
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\19\ 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).
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Preliminary Results of the Review
As a result of our analysis, Commerce preliminarily determines the
following estimated weighted-average dumping margin exists for the POR:
[[Page 3709]]
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Weighted-
average
Exporter dumping
margin
(percent)
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Shanghai Yueda Nails Co., Ltd., a.k.a. Shanghai Yueda Nails 28.28
Industry Co., Ltd./Shanghai Yueda Nails (Chuzhou) Ltd.....
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Disclosure
Commerce intends to disclose the calculations performed for these
preliminary results to the parties within five days of public
announcement, or if there is no public announcement, within five days
of the date of publication of this notice in the Federal Register
accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may submit a case brief no later
than 21 days after the date of publication of this notice.\20\ 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.\21\
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.\22\ Case and rebuttal briefs should be
filed electronically via ACCESS. An electronically filed document must
be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern
Time on the established deadline.
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\20\ See 19 CFR 351.309.
\21\ 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).
\22\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\23\ 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).\24\
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\23\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\24\ 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 individuals associated with the
requesting party that will attend the hearing and whether any of those
individuals is a foreign national; and (3) a list of the issues the
party intends to discuss at the hearing. 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 in the Federal Register.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this administrative review.\25\ For the four companies identified in
Appendix II with respect to which Commerce is rescinding this
administrative review, Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of this notice in the Federal Register. For the remaining
companies under review, 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).
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\25\ See 19 CFR 351.212(b)(1).
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If Yueda Nails' 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).\26\ Where Yueda
Nails reported reliable entered values, Commerce intends to calculate
importer-specific ad valorem assessment rates by aggregating the amount
of dumping calculated for all U.S. sales to the importer and dividing
this amount by the total entered value of the merchandise sold to the
importer.\27\ Where Yueda Nails did not report entered value, we will
calculate a per-unit importer or customer-specific assessment rate
based on the ratio of the total amount of antidumping duties calculated
for the examined sales to the total quantity of those sales.\28\ To
determine whether the per-unit duty assessment rate is de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we
will also calculate an estimated importer-specific ad valorem
assessment rate based on the estimated entered value.\29\ 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 Yueda Nails' ad valorem weighted-average dumping margin
is zero or de minimis, or an importer-specific ad valorem assessment
rate is zero or de minimis, \30\ 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 Yueda Nails,
but that entered under the case number of Yueda Nails (i.e., at the
individually-examined exporter's cash deposit rate), Commerce will
instruct CBP to liquidate such entries at the rate for the China-wide
entity.\31\
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\26\ 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).
\27\ See 19 CFR 351.212(b)(1).
\28\ See 19 CFR 351.212(b)(1).
\29\ 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 Analysis
Memorandum for Shanghai Yueda Nails Co., Ltd. and Shanghai Yueda
Nails (Chuzhou) Ltd.'' dated concurrently with this notice, and
accompanying Margin Calculation Program Logs and Outputs.
\30\ See 19 CFR 351.106(c)(2).
\31\ See NME Practice for a full discussion.
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For the companies rescinded from the review, we will instruct CBP
to assess antidumping duties on all appropriate entries at rates equal
to the cash deposit of estimated antidumping duties
[[Page 3710]]
required at the time of entry, or withdrawal from warehouse, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
these rescission instructions to CBP no earlier than 35 days after the
date of publication of this notice in the Federal Register.
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 Yueda Nails, 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 received a separate rate in a prior
segment of this proceeding, 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.
Final Results of Review
Unless otherwise 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,
pursuant to section 751(a)(3)(A) of the Act.
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: January 16, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies Rescinded From Review
1. Hebei Minmetals Co., Ltd.
2. Nanjing Yuechang Hardwares Co., Ltd.
3. Suntec Industries Co., Ltd.
4. Tianjin Jinchi Metal Products Co., Ltd.
[FR Doc. 2026-01638 Filed 1-27-26; 8:45 am]
BILLING CODE 3510-DS-P