Certain Steel Nails from the People's Republic of China: Final Results of the First New Shipper Review, 34425-34426 [2010-14666]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Notices]
[Pages 34425-34426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14666]


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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 First New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting a 
new shipper review of the antidumping duty order on certain steel nails 
from the People's Republic of China (``PRC''). See Notice of 
Antidumping Duty Order: Certain Steel Nails From the People's Republic 
of China, 73 FR 44961 (August 1, 2008) (``Order''). Based upon our 
analysis of the comments and information received, we made changes to 
the dumping margin calculations for the final results. See Memorandum 
to the File from Tim Lord, Case Analyst, through Alex Villanueva, 
Program Manager, Analysis of the Final Results of the First New Shipper 
Review of Certain Steel Nails from the People's Republic of China: 
Qingdao Denarius Manufacture Co., Ltd. (``Qingdao Denarius'') (``Final 
Analysis Memorandum'') (June 10, 2010). The final dumping margin is 
listed below in the section entitled ``Final Results of the Review.''

EFFECTIVE DATE: June 17, 2010.

FOR FURTHER INFORMATION CONTACT: Tim Lord, AD/CVD Operations, Office 9, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-7425.

SUPPLEMENTARY INFORMATION:

Case History

    On January 15, 2010, the Department published in the Federal 
Register the preliminary results of this new shipper review of the 
antidumping duty order on certain steel nails from the PRC. See Certain 
Steel Nails from the People's Republic of China: Notice of Preliminary 
Results of the New Shipper Review, 75 FR 2483 (January 15, 2010) 
(``Preliminary Results''). Since the Preliminary Results, the following 
events have occurred.
    On February 12, 2010, the Department issued a memorandum that 
uniformly extended all Import Administration deadlines by seven days. 
See Memorandum to the Record from Ronald Lorentzen, DAS for Import 
Administration, regarding Tolling of Administrative Deadlines as a 
Result of the Government Closure During the Recent Snowstorm, dated 
February 12, 2010. On April 21, 2009, the Department published the 
extension of the time limit for completion of the final results of this 
new shipper review by 60 days. See Certain Steel Nails from the 
People's Republic of China: Extension of Time Limit for the Final 
Results of the First New Shipper Review, 75 FR 14423 (March 25, 2010).
    On January 13, 2010, the Department issued a supplemental 
questionnaire to Qingdao Denarius, in which we asked for documentation 
to support that Qingdao Denarius' U.S. customer during the period of 
review (``POR'') re-sold the subject merchandise bought from Qingdao 
Denarius for a profit. On January 26, 2010, Qingdao Denarius submitted 
its response. Qingdao Denarius and Petitioner submitted their case 
briefs on February 16, 2010, and March 8, 2010, respectively, and on 
March 18, 2010 Qingdao Denarius and Petitioner submitted rebuttal 
briefs.

Scope of the Order

    The merchandise covered by this proceeding includes certain steel 
nails having a shaft length up to 12 inches. Certain steel nails 
include, but are not limited to, nails made of round wire and nails 
that are cut. Certain steel nails may be of one piece construction or 
constructed of two or more pieces. Certain steel nails may be produced 
from any type of steel, and have a variety of finishes, heads, shanks, 
point types, shaft lengths and shaft diameters. Finishes include, but 
are not limited to, coating in vinyl, zinc (galvanized, whether by 
electroplating or hot-dipping one or more times), phosphate cement, and 
paint. Head styles include, but are not limited to, flat, projection, 
cupped, oval, brad, headless, double, countersunk, and sinker. Shank 
styles include, but are not limited to, smooth, barbed, screw threaded, 
ring shank and fluted shank styles. Screw-threaded nails subject to 
this proceeding are driven using direct force and not by turning the 
fastener using a tool that engages with the head. Point styles include, 
but are not limited to, diamond, blunt, needle, chisel and no point. 
Finished nails may be sold in bulk, or they may be collated into strips 
or coils using materials such as plastic, paper, or wire. Certain steel 
nails subject to this proceeding are currently classified under the 
Harmonized Tariff Schedule of the United States (``HTSUS'') subheadings 
7317.00.55, 7317.00.65 and 7317.00.75.
    Excluded from the scope of this proceeding are roofing nails of all 
lengths and diameter, whether collated or in bulk, and whether or not 
galvanized. Steel roofing nails are specifically enumerated and 
identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 
nails. Also excluded from the scope of this proceeding are corrugated 
nails. A corrugated nail is made of a small strip of corrugated steel 
with sharp points on one side. Also excluded from the scope of this 
proceeding are fasteners suitable for use in powder-actuated hand 
tools, not threaded and threaded, which are currently classified under 
HTSUS

[[Page 34426]]

7317.00.20 and 7317.00.30. Also excluded from the scope of this 
proceeding are thumb tacks, which are currently classified under
    HTSUS 7317.00.10.00. Also excluded from the scope of this 
proceeding are certain brads and finish nails that are equal to or less 
than 0.0720 inches in shank diameter, round or rectangular in cross 
section, between 0.375 inches and 2.5 inches in length, and that are 
collated with adhesive or polyester film tape backed with a heat seal 
adhesive. Also excluded from the scope of this proceeding are fasteners 
having a case hardness greater than or equal to 50 HRC, a carbon 
content greater than or equal to 0.5 percent, a round head, a secondary 
reduced-diameter raised head section, a centered shank, and a smooth 
symmetrical point, suitable for use in gas-actuated hand tools.
    While the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of this 
investigation is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this proceeding and are listed in the Appendix to this notice and 
addressed in the Issues and Decision Memorandum (``Final Decision 
Memo''), which is hereby adopted by this notice. Parties can find a 
complete discussion of the issues raised in this new shipper review and 
the corresponding recommendations in this public memorandum, which is 
on file in the Central Records Unit (``CRU''), room 1117 of the main 
Department of Commerce building. In addition, a copy of the Final 
Decision Memo can be accessed directly on our website at https://ia.ita.doc.gov/. The paper copy and electronic version of the Final 
Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record as well as comments received from 
parties regarding our Preliminary Results, we have made revisions to 
the margin calculation for Qingdao Denarius in the final results. For 
all changes to the calculations of Qingdao Denarius, see the Final 
Decision Memo and Final Analysis Memorandum. For changes to the 
surrogate values see Memorandum to the File, through Alex Villanueva, 
Program Manager, AC/CVD Operations, Office 9, from Tim Lord, Case 
Analyst, AD/CVD Operations, Office 9, Analysis of the Final Results of 
the First New Shipper Review of Certain Steel Nails from the People's 
Republic of China: Qingdao Denarius Manufacture Co., Ltd. (``Qingdao 
Denarius'').

Final Results of the Review

    The weighted-average dumping margin for the POR is as follows:

                      Certain Steel Nails from PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
Qingdao Denarius....................................               34.14
------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to 19 CFR 351.212(b)(1). We have 
calculated importer-specific duty assessment rates on a per-unit basis. 
Specifically, we divided the total dumping margins (calculated as the 
difference between normal value and export price) for each importer by 
the total quantity of subject merchandise sold to that importer during 
the POR to calculate a per-unit assessment amount. In this and future 
reviews, we will direct CBP to assess importer-specific assessment 
rates based on the resulting per-unit (i.e., per-kilogram) rates by the 
weight in kilograms of each entry of the subject merchandise during the 
POR. The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after publication of the final 
results of this new shipper review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of this new shipper review for all 
shipments of subject merchandise by Qingdao Denarius, entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (``Act''): (1) for subject merchandise produced and exported by 
Qingdao Denarius, the cash deposit rate will be the percent listed 
above, or the equivalent per-unit rate; (2) for subject merchandise 
exported by Qingdao Denarius, but not manufactured by Qingdao Denarius, 
the cash deposit rate will continue to be the PRC-wide rate of 118.04 
percent; and (3) for subject merchandise manufactured by Qingdao 
Denarius, but exported by any party other than Qingdao Denarius, the 
cash deposit rate will be the rate applicable to the exporter. These 
cash deposit requirements will remain in effect until further notice.

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 this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/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.
    We are issuing and publishing this determination in accordance with 
sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and 
351.221(b)(5).

    Dated: June 10, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I Decision Memorandum

COMMENT 1: LEGITIMACY OF QINGDAO DENARIUS AS A NEW SHIPPER COMMENT 2: 
SURROGATE VALUES
    A. CARTONS
    B. STEEL SCRAP
    C. CURRENCY CONVERSION
COMMENT 3: CLASSIFICATION OF CERTAIN INPUTS
COMMENT 4: SURROGATE FINANCIAL RATIOS
COMMENT 5: ADJUSTMENT TO GROSS UNIT PRICE
[FR Doc. 2010-14666 Filed 6-16-10; 8:45 am]
BILLING CODE 3510-DS-S